K1 Visa & More Information, Summary Conviction

[Catbones 0]

Hi everyone,

First of all, let me tell you that there is so many really good and awesome people in here. Sharing stories, providing support, tips and help to others. This is everything we K1 Visa applicants need.

I and my Fiancee, are as well in the K1 Visa process. It was a long ride and still is specially now since March 24... We were almost at the end, March 24 being the interview, till the officer decided to look at one paper and ignore the other. I thought I'd let anyone similar in this case know that when they say Police Clearance and Court Documents, if you bring for some reason both (meaning you have a bad past) no one looks at your Police Clearance because Pardon's don't mean a thing. Ohh wellie.

Now to update my K1 Visa process, I'm waiting nervous and without a heart in my chest as it fell on the floor at the US Embassy in Montreal. We're waiting for the K1 visa, as I need to provide more information regarding my Criminal Charge, that has been sent going out this Monday by UPS 8 am Tuesday arrival, then long 6 - 8 weeks for the US Embassy to do their research as they state or not.

Now, I don't have much experience but maybe someone with experience here, maybe went through the same thing, maybe is a lawyer or retired. Any thing at this point to hear would be just awesome. Here is the story so far. I got a criminal background thanks to a judge 10 years ago who was not interested in what I did but rather to make an example of me. At the interview I was specifically asked, what I did, how come, when, etc.. as well if it was a Felony or Summary ?? (yes I know, one US term and one Canadian term). That is how the officer asked. Now can anyone explain to me why she would ask me that???? Is Summary charge or conviction some how acceptable for granting a K1 US Visa ?? and Felony is not??? Also, she said she needs to find out what is the maximum penalty. But now wait a second, maximum under Summary or Felony ??

Can anyone explain??

I sent to them back what they asked and I got it prepared through my Lawyer who was dealing with this case 10 years ago. He explains the Criminal Code and provided one as the Embassy asked for, he also stated that it was a Summary with maximum of 6 months or 5000$ fine. I know that a felony would be 10 years or under... but as the Lawyer stated in his letter to the Embassy;

- that the Crown never wanted jail time

- nor have I did jail time just 50 hours of community service

- it was 10 years ago and there is no documents as there is a pardon on it and things get destroyed after 5 years by the government but small print left behind without a high authorized access we can't get

- my charge was dismissed

- minimal that the Crown could give me is a Summary (no jail for me, but maximum on a summary would be 6 months and 5000$ fine)

- I was first time offender

- 19 years of age (i know its over 18)

So my major question to anyone would be;

1. Any reason why they asked for me to provide them with my research on my charge if it was Summary or Felony??

2. is Summary admissible in this case?? or did they just want to waste my time and money to find out the truth.

3. Any other suggestions??

4. What do you think I will get, denied or granted ??

This is like a stab to both of my and my fiancees heart... we did everything proper, hired an immigration lawyer to help with papers, been honest about my background, etc...

It is hard, when you sit at the Embassy for 6 hours, watch all the couples waiting for their K1 Visa's... then you see them leave with big huge smiles on their faces and nice papers... then you, the two of you, are waiting because you are the last ones to go, and you go in.. and in 5 minutes, you walk out only to go drive home for 6 hours and get back to work, trying to provide information that could be waste of time, get denied... and ahhh.. just harsh harsh...

I wish you all, and awesome to see, that everyone is having better luck then we did.

Thank you in advance for anyone's comments or insight on this.

I appreciate it my friends!

A.J.

[canadian_wife 1,829]

Well, many times it depends on what the crime you were charged with actually was. Because if it was considered a Crime Involving Moral Turpitude then this is generally considered a more serious crime (regardless if it was a Summary or Felony, if there was jail time or a fine) for the purposes of being granted a visa. It also depends if it was a domestic volence charge, a drug charge, a gun violation or gang activity as these are all treated differently than other crimes.

Yes, for immigration purposes pardon's don't mean anything. Often a criminal charge is different than a charge for immigration purposes.

What happened at the end of the interview? Were you given an opportunity to submit more information? Did you submit it?

Good luck.

[trailmix 77]

I'm absolutely no expert on this, but she is probably trying to figure out if you will need to file a waiver. Some here may be able to help you in determining this if you post what exactly you were charged with (of course I understand if you don't want to). Good luck.

[Catbones 0]

Hi,

Thank you for getting back to me. Right, I understand the whole Moral Turpitude. What I don't understand is the fact that the officer seen my court records which state "Unauthorized Use of Credit Card Data"... still at the end of the interview she asked if it was Indictable or Summary. That she needed the Canadian Criminal code (she wasn't able to find) to see what the highest possible sentence is, 2 years or under or 2 years and over... Now, see this is the problem. Why would she asked, she could look at it as Indictable with 10 years and under... I told her I don't know the criminal code, told her I don't know if it was Indictable or Summary... and she said to do my research and get a signed information letter stating what it was. Going back to my lawyer, he explained that its a "Hybrid" offense. Mine states in court records, in the lawyer letter, that it was dismissed sentence, Summary with maximum of 6 months.

I'm guess I'm lucky for now that she didn't deny the Visa at the interview but rather asked for more information. I'm just wondering why she would even ask for me to give her more information on the criminal code and if it was summary or indictable, specially when she could google it and any "unauthorized use of credit card data" will come back as either or. You know.

Little bit silly that your own country forgives you with a pardon, another country can look at what you did, nothing major, you didn't get jail, or anything other then a record for it, and then still look at you, judge you same way as the guy who got 10 years for his crimes, took a million dollars.. Just unfair, really. Specially when it was 10 years ago and nothing but gave back to the community, learned from my mistake and changed my life for the best. Second chances are for nothing really, if this is the case of results that I can't marry my fiancee.

But what I'm getting at from your answer, it was really a waste of mine time sending the extra information because I'm screwed anyways.

Thank you, for your input.

Cheers!

A.J.

Well, many times it depends on what the crime you were charged with actually was. Because if it was considered a Crime Involving Moral Turpitude then this is generally considered a more serious crime (regardless if it was a Summary or Felony, if there was jail time or a fine) for the purposes of being granted a visa. It also depends if it was a domestic volence charge, a drug charge, a gun violation or gang activity as these are all treated differently than other crimes.

Yes, for immigration purposes pardon's don't mean anything. Often a criminal charge is different than a charge for immigration purposes.

What happened at the end of the interview? Were you given an opportunity to submit more information? Did you submit it?

Good luck.

[canadian_wife 1,829]

I am not a lawyer, I never claimed to be one so saying that you're 'screwed' based on my post isn't right since my post was a matter of opinion.

I simply stated that some convictions are treated differently for immigration purposes. Trailmix is right, they are probably trying to determine if you are elibile for a waiver (or even if a waiver is necessary)

Different countries view crimes differently - while Canada may have granted you a pardon, the US immigration would like more information on it.

?

You have a lawyer already, what does he have to say about your case

[Catbones 0]

Hi,

I'm really sorry if I put a bad impression on my post, I didn't mean to. My apologies. I do understand your explanations and yes, my bad for the fact that you are only stating an opinion and its what I asked for other peoples opinions. Thank you!

As for my lawyer, seems that after he filed it all and prepared us for the interview and stuff, in situations as such he likes to leave his clients on total ice... no advise, no comments, just "I don't know"...

Once again, my apologies to you, hope other people can shed light on this and their opinions as well. I wish world was different and I could buy a guarantee... hahaha

Thank you,

A.J.

I am not a lawyer, I never claimed to be one so saying that you're 'screwed' based on my post isn't right since my post was a matter of opinion.

I simply stated that some convictions are treated differently for immigration purposes. Trailmix is right, they are probably trying to determine if you are elibile for a waiver (or even if a waiver is necessary)

Different countries view crimes differently - while Canada may have granted you a pardon, the US immigration would like more information on it.

?

You have a lawyer already, what does he have to say about your case

[canadian_wife 1,829]

I know this must be tough, but keep your head up. They didn't deny you and that is an excellent sign.

Wait for the next step and we're here if you have qustions at that time

Good luck.

[Inky 1,111]

Just curious but whats the affect of being charged with that in USA?

" Unauthorized Use of Credit Card Data " may hold a more serious offence in america maybe? and maybe thats why they have to look into it and see if you need a waiver for it and stuff. From what iv looked around on google (I dont usually trust google for info) it says that its identity fraud/credit card fraud charges for unauthorized use of credit card data.

don't know just a thought!

[Catbones 0]

Thank you for your support. Me and my fiancee will need all the luck in the world.

I know this must be tough, but keep your head up. They didn't deny you and that is an excellent sign.

Wait for the next step and we're here if you have qustions at that time

Good luck.

[Catbones 0]

Hi,

True, it is sometimes referred to as Credit Card Fraud, however the form I got stated that they needed additional information of the Canadian Criminal Code. Because my Immigration Lawyer never had this problem, I had to turn to the Criminal Lawyer that handled this case for me, to explain what the charges were and the Criminal Code was with the subsection of it. The Canadian Criminal Code states credit card fraud also but as a Hybrid offense, where the crown either looks for a Felony or Summary conviction. In my case as explained above they were looking for Summary conviction without jail time. Even if Summary conviction, maximum penalty is 6 months. Looking at the INA Section 212, I could get exempt because I never even done 6 months in jail, I had no jail sentence. If it was a Felony, I would have a possibly to a trail and jury. Once again, not in my case. I mean all I got really was a 50 hour community service and a record for it because the judge wanted to make an example to the young folks back then.

Thank you for your input though Inky, appreciate it. Just looking for some peace of mind some how, feel like I was hit by a truck to have this go down the drain and needing a waiver or something. 15 months of waiting to get this far, Fiancee pregnant with twins and due August of this year, just too much messy and too much to miss as a first time dad.. I hope that being honest about this all to the US embassy also counts for something. A 6 months or 15 months for a I-601 waiver and no guarantees which costs a nice amount, plus missing to get to experience birth, binding with your kids is hard and tough to even think of. And even if Canada denied entry to my fiancee for some stupid reason, that would just bring all hell lose... I don't think she's even close to care for 3 children, her daughter from previous relationship and our baby twin girls..

Can this seriously get any worse.. talk about bad luck... maybe more to come

Just curious but whats the affect of being charged with that in USA?

" Unauthorized Use of Credit Card Data " may hold a more serious offence in america maybe? and maybe thats why they have to look into it and see if you need a waiver for it and stuff. From what iv looked around on google (I dont usually trust google for info) it says that its identity fraud/credit card fraud charges for unauthorized use of credit card data.

don't know just a thought!

[JimVaPhuong 4,863]

"Crimes of moral turpitude" are not held against the applicant if the maximum possible jail sentence was 1 year or less, and the actual sentence was less than 6 months. This is why the consular officer wanted to know how the crime was classified.

Your immigration lawyer is apparently not well versed in immigration law.

[Catbones 0]

Hi there,

So from what I understand, I could possibly be perfectly fine because I was never sentenced to serve any jail time, even if I was under the classification of Summary (misdemeanor) it would of been max 6 months,... correct?? I mean being Hybrid offense, it could of been Felony (indictment) (max on this one is 10 years or less) or Summary (misdemeanor)(max on this one is 6 months), which Summary is what the charge is classified as.

Thank you, maybe just maybe with luck there is some light at the end of this tunnel of darkness.

"Crimes of moral turpitude" are not held against the applicant if the maximum possible jail sentence was 1 year or less, and the actual sentence was less than 6 months. This is why the consular officer wanted to know how the crime was classified.

Your immigration lawyer is apparently not well versed in immigration law.

Edited March 29, 2010 by Catbones

[Inky 1,111]

Well I hope you can sort it out quickly with them, I do think being honest is WAY better and a lot more helpfull than hiding things. Specially from the government.

Is there any way you could go see her if it ends up taking long and maybe visiting for the birth? (hope that doesnt happen tho and she gets there before hand)

[LnS 1]

Forgive me if this was answered somewhere in one of your posts, but are you the petitioner or the applicant? I'm just curious because I also have a criminal record.

Thanks!

[Catbones 0]

Hi,

I'm the applicant... my fiancee is the petitioner Not a problem, any way I can help ask but right now I'm afraid I can't other then from what I know so far two things; 1. hire a good good immigration lawyer if you are having this trouble, mine is a joke really. 2.) all forms you send it, I hope you been honest and checked marked everything related to your criminal record, if not even moving to US with a K1 visa, getting a green card, from what a 35 years experience US lawyer told me that I might hire said, is they will find you even after 3 years and deport you not for your criminal record or what you've done but for the fact that it was a immigration fraud if they knew about the criminal record.

Just a thought, I'm passing on that I found out from calling over 20 lawyers, call it lawyer shopping to get best possible.

Good luck, sorry if too much info for you but its for everyone else too.

A.J.

Forgive me if this was answered somewhere in one of your posts, but are you the petitioner or the applicant? I'm just curious because I also have a criminal record.

Thanks!