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JustJ

What if you admit to a CIMT, but can't provide records?

By JustJ in Waivers (I-601 and I-212) and Administrative Processes (221g)

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JustJ Community Regular

JustJ   0

Posted
Filed: IR-1/CR-1 Visa Country: Ireland
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What happens if you know you were convicted of a CIMT, but the courthouse cannot provide a copy of the conviction order? I know you have to list it, and I'm certain that the police clearance certificate (which has been ordered) will list it. However, it is so old that the courthouse has closed up, and the records were taken to another courthouse. We wrote to that courthouse, and they provided us with a letter stating that they searched and couldn't find anything.

How much of a problem do you think this will be?

The case was a larceny-receiving charge heard before a Judge in District Court. I think the crime could have yielded a 7-yr sentence, but that court could only impose a year maximum. So I'm not sure what to think. Any ideas??

Married 2008

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5/21/09 - filed I-130

12/7/09 - Interview (denied for 28 yr old CIMT); filed waiver same day

6/18/10 - I-601 Waiver Denied, added misrep for checking wrong box on landing card (lifetime ban)

7/16/10 - AAO Appeal filed.

8/31/12 - AAO appeal sustained (THANK YOU, GOD FOR YOUR MERCY)

10/8/12 - USCIS sent file to Consulate

11/28/12 - Visa in hand

12/10/12 - HERE AT LAST! (ALL GLORY TO GOD!)

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TBoneTX Grand Master

TBoneTX   45,328

Posted
Filed: Citizen (apr) Country: Ecuador
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If the second courthouse came up blank, all that you can do is to submit their letter to that effect, perhaps covered with a note from you that consists of a couple of brief paragraphs explaining the lengths that you went to in order to procure the conviction notice. Do the police have any wherewithal to try to find the information for you?

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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