K1 or CR-1 Multiple petty theft convictions

[wwang924 0]

Background:

I am a US Citizen, she is a Canadian Citizen, met in July of 2011. In the last six months we have really started to develop our relationship and on one of her visits down to see me in Los Angeles they denied her entry due to a couple things. They assumed she was trying to immigrate illegally, and second she has some past petty theft instances, three to be exact( i believe around the ages of 20-23, she is now 26 turning 27 this year.)

I have no criminal history myself, and now plan to visit her about once a month. I make roughly 60k a year so I think that qualifies as enough on paperwork. We are engaged, and would like her to move down here to Los Angeles and live together. Looks like everything falls on her petty theft convictions(all were discharged).

My question is, does she even stand a chance to immigrate here? Or should I just start planning to move up there for a couple years and all the while submit applications until something finally gets approved? Help! Thanks.

[speedwell 224]

Short answer: Yes, she has a chance, but the rules are a bit different (and more difficult) since she was turned away once and because of the thefts. She will not be able to travel on the VWP (ESTA). She will need to apply for a visitor visa as though she was from a non-VWP country. Wait for others to post on the exact requirements and rules for applying for a waiver.

[JohnR! 5,495]

Background:

I am a US Citizen, she is a Canadian Citizen, met in July of 2011. In the last six months we have really started to develop our relationship and on one of her visits down to see me in Los Angeles they denied her entry due to a couple things. They assumed she was trying to immigrate illegally, and second she has some past petty theft instances, three to be exact( i believe around the ages of 20-23, she is now 26 turning 27 this year.)

I have no criminal history myself, and now plan to visit her about once a month. I make roughly 60k a year so I think that qualifies as enough on paperwork. We are engaged, and would like her to move down here to Los Angeles and live together. Looks like everything falls on her petty theft convictions(all were discharged).

My question is, does she even stand a chance to immigrate here? Or should I just start planning to move up there for a couple years and all the while submit applications until something finally gets approved? Help! Thanks.

WW, she does have a chance to come live in the US but you would need to initiate the process and file a request for a fiancee visa K-1, what with she may be able to enter the US, with the purpose of marrying you and becoming a permanent resident or filing a request for a spouse visa CR-1, if you decide to marry her in Canada.

Her petty theft stories will come to light during the process but I don't think those will stop her from being admitted under one of the categories above. IMHO, she was deported last time she arrived in LA because the CBP officer suspected she was not intending to return home.

Check out the following links, with information on each type of visa I mentioned.

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=640a3e4d77d73210VgnVCM100000082ca60aRCRD&vgnextchannel=640a3e4d77d73210VgnVCM100000082ca60aRCRD

http://travel.state.gov/visa/immigrants/types/types_2991.html

Good luck!

[wwang924 0]

The goal is to get married and live in Los Angeles. Not sure if Cr-1 or the k1 will give her a better chance. She was turned down at the Vancouver airport, so not actually deported. Right now we are trying to figure out which visa to apply for and if we should move on any other waivers.

[JohnR! 5,495]

The goal is to get married and live in Los Angeles. Not sure if Cr-1 or the k1 will give her a better chance. She was turned down at the Vancouver airport, so not actually deported. Right now we are trying to figure out which visa to apply for and if we should move on any other waivers.

Just for that refusal she probably does not require a waiver which really makes the choice yours. The difference is that the K visa will be faster than the CR process. Other than that, you should be fine.

Good luck, whatever your decision!

[blankmedia 41]

Short answer: Yes, she has a chance, but the rules are a bit different (and more difficult) since she was turned away once and because of the thefts. She will not be able to travel on the VWP (ESTA). She will need to apply for a visitor visa as though she was from a non-VWP country. Wait for others to post on the exact requirements and rules for applying for a waiver.

Canada is not part of VWP, she can just attempt to cross again. I know many Canadians that have been turned away for various reasons and then they enter normally months later (if not due to criminal convictions).

The other issue is the Theft. Did she tell CBP about the theft upon entry or did it show up on IBIS and they asked her about it? There are a variety of issues regarding how it was disclosed or not disclosed to CBP. What was the official reason for her being denied entry?

[speedwell 224]

Canada is not part of VWP, she can just attempt to cross again. I know many Canadians that have been turned away for various reasons and then they enter normally months later (if not due to criminal convictions).

The other issue is the Theft. Did she tell CBP about the theft upon entry or did it show up on IBIS and they asked her about it? There are a variety of issues regarding how it was disclosed or not disclosed to CBP. What was the official reason for her being denied entry?

Very good point, thank you.

The OP says that it was because they thought she was trying to immigrate illegally. It could have been that she just said the wrong thing or acted suspiciously.

[Shiobhan 235]

Yes she can ommigrate to the US legally...go there marry her, file for her...disclose the facts she was turn

back once and that she has a record in the past...U can visit her while they work on her case good luck

[wwang924 0]

Will we need to fill out an I-192 since we are going to file the K1/Cr-1? Also I heard that the K1 is faster but has a higher chance of being rejected, while the cr-1 has less of a chance of being rejected but takes longer. The I-192 was given to her when they gave her another document that said withdrawal of application for entry i think. The thing that we did wrong was definitely the one way ticket to Los Angeles, she had no job or residence in Canada.

I was just worried since I thought that it said something about having more than 2 convictions will make them non-admissable. Thanks everyone!

[Merrytooth 5,748]

Actually, for immigration purposes, petty theft is considered a crime involving moral turpitude (CIMT).

A conviction for a crime involving moral turpitude (CIMT) causes a person to be inadmissible to the United States under section 212(a)(2)(a)(i) of the INA (Immigration and Nationality Act).

Here is the exception clause

9 FAM 40.21(a) N7.1 Provisions of INA 212(a)(2)(A)(ii)

(CT:VISA-1318; 09-24-2009)

As amended, a conviction or admission of the commission of a crime of moral turpitude will not serve as the basis of ineligibility under INA 212(a)(2)(A)(i), if the following conditions have been met:

(1) The applicant has been convicted of or has admitted to the commission of only one crime;

(2) The maximum penalty possible for the crime of which the alien was convicted or for which the alien legally admitted to did not exceed imprisonment for one year and, if the alien was convicted and the alien was not sentenced to a term of imprisonment in excess of six months; or

(3) The crime was committed when the alien was under 18 years of age and the crime was committed (and the alien was released from confinement if applicable) more than 5 years before the date of the visa application. (See 9 FAM 40.21(a) N8, below.)

http://www.state.gov/documents/organization/86942.pdf

You might want to consult a Good immigration lawyer before filing anything.

Edited February 19, 2013 by Merrytooth

[speedwell 224]

Actually, for immigration purposes, petty theft is considered a crime involving moral turpitude (CIMT).

A conviction for a crime involving moral turpitude (CIMT) causes a person to be inadmissible to the United States under section 212(a)(2)(a)(i) of the INA (Immigration and Nationality Act).

<snip>

You might want to consult a Good immigration lawyer before filing anything.

Yes, a waiver of inadmissibility is likely to be needed here, and a good lawyer is a must when doing so.

[wwang924 0]

Yes, a waiver of inadmissibility is likely to be needed here, and a good lawyer is a must when doing so.

Looks like i'm back to square one. Let's say a waiver is needed, should it be filed now at the same time we file for the k1/cr-1 or does it get filed after they bring it up during the review process of the Visa application? Thanks.

[Harpa Timsah 13,258]

The waiver is filed after the visa is denied.

[wwang924 0]

The waiver is filed after the visa is denied.

And I would assume that will be the I-192 and I-601?

[The Mean Lady 604]

Very good point, thank you.

The OP says that it was because they thought she was trying to immigrate illegally. It could have been that she just said the wrong thing or acted suspiciously.

they love to deny for that but it generally has no affects on imigration with canada

my husband has been denied for it five times

not once were we ever even trying to

another way to put it is just denial for lack of ties