K1 Visa & More Information, Summary Conviction

[JimVaPhuong 4,863]

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.

If you were charged and convicted with the summary version of the crime, and if the maximum sentence was six months, then you should be fine. For the purposes of determining whether you are admissible to the US, what matters is what you were convicted of, or what you admit to. It doesn't matter what you were charged with, or what you could have been charged with.

[trailmix 77]

Hey good luck A.J. - and try to stay somewhat positive

It's a tough road for sure, especially since it is all up in the air right now and no one knows how long it will take for you to hear back - but hopefully they will get back to you soon.

Did the CO keep your passport after the interview?

[Catbones 0]

hi

no she returned it to me, not sure for what because not like I could travel to the states. She did however said that I needed to send it back with the information I need to provide her with.

Thank you for the support, appreciate it.

Hey good luck A.J. - and try to stay somewhat positive

It's a tough road for sure, especially since it is all up in the air right now and no one knows how long it will take for you to hear back - but hopefully they will get back to you soon.

Did the CO keep your passport after the interview?

[Catbones 0]

Hi Everyone,

I would like to thank everyone for their input, suggestions, information and support. I really really appreciate it. I and my Fiancee will keep our fingers crossed that this is just a hick up and nothing major. I'm really sad if I had did not get to see the birth of my twin girls.

Thank you once again, I'll keep you posted all on the outcome, hope its a good one!

Cheers!

A.J.

[Catbones 0]

Hi,

As I'm patiently waiting for the Embassy to reply. I guess, I wanted to throw this out there and see what everyone else things. Since I wrote my post, I went and consulted my Criminal Lawyer as I was unable to get any type of records or papers from the Clerk at the Courthouse. Now my Criminal Lawyer who I hired 10 years ago for my Summary Conviction, wrote a letter stating the criminal charge being a Summary (Summarily) Conviction with maximum 6 months and/or $5000 fine and that it was a Hybrid offense/conviction. Also stated that the Crown wasn't looking for any jail time sentencing but rather making an example. This was sent to the US Embassy on Tuesday. Now I'm little worried because all the Embassy has now is all the previous documents, Court Parole Documents (had a copy of those) and the Lawyers letter explaining in detail the charge, the conviction Summary, 6 months max, and that the Ontario Court Departments do not hold any information for cases that are over 10 years old.

What do you guys think?? Good enough and sufficient ?? Just worried if its enough and this doesn't back fire. I'd like to hear your comments on what I've done so far to the request of the Embassy to provide more information on the Criminal Code of Canada they requested through their white form thing. This thing is like a nervous, heart breaking road block...

Anyone know what do you receive if the Visa is denied?

Thank you,

[jken 2]

I am not sure where to post this...gets confusing..so apologies first for that. We have rec'd our noa1, so far so good. However now i am reading there is a difference between a divorce certificate and divorce decree? Does anyone have any information on this as i sent them my divorce certificate which is official-stamp and all. I hate wondering and doubting...thanks all

[Catbones 0]

Just to update anyone who is still following this post I made. It's gonna be 12 weeks on Tuesday since I've heard anything from the Embassy. My lawyer is fed up and really doesn't want to do a thing nor even contact them by email anymore. I've contacted the embassy once a week or so ago with no response. Ive decided to call DOS twice in two weeks only to get AP status and document review.

So my criminal lawyers document is being reviewed, great. How hard or hold long can you read a one page document? lol.

Now does anyone think that at this point I should be providing them with more documents?? would this basically drop me on the back of the pile again? or would it speed things up??

I think I found only one person on this forum from Canada that waited a little longer then me. I'm stuck, my twins are due any day now, I can't travel, haven't seen my fiancee since 3 months ago as she's on bed rest. Anyone with any suggestions? Fire one lawyer higher a different one, pay him more?? more professional one?? $10k ?? would that help in this case?? consulate didn't do a thing, they just said that it was unethical for them to contact the consulate if we have an immigration lawyer, does this make sense to anyone??

Thanks, hope to hear your thoughts.

I'm going bananas ... either refuse and let us make the waiver or something, dont make us wait 4 months or more and tell us then GRR!

[Catbones 0]

If you were charged and convicted with the summary version of the crime, and if the maximum sentence was six months, then you should be fine. For the purposes of determining whether you are admissible to the US, what matters is what you were convicted of, or what you admit to. It doesn't matter what you were charged with, or what you could have been charged with.

Hi,

Just wanted to clear the above statement you did a little bit. So in other words, because it was a hybrid offense and the crown could of gone either way, Summarily or Indictable conviction (Summarily carries max 6 and Indictable carries 10 years) which in my case ended up being suspended sentence, 50 hours and Summarily conviction or would they be looking at the criminal codes maximum no matter if summary or indictable which in indictable is 10 years max? even if I wasn't in prison and got a suspended sentence.

Sorry, just want to get it all straight, still pretty blurry on what they might be looking at, which version of it.

[JimVaPhuong 4,863]

Hi,

Just wanted to clear the above statement you did a little bit. So in other words, because it was a hybrid offense and the crown could of gone either way, Summarily or Indictable conviction (Summarily carries max 6 and Indictable carries 10 years) which in my case ended up being suspended sentence, 50 hours and Summarily conviction or would they be looking at the criminal codes maximum no matter if summary or indictable which in indictable is 10 years max? even if I wasn't in prison and got a suspended sentence.

Sorry, just want to get it all straight, still pretty blurry on what they might be looking at, which version of it.

Here is the relevant text of the Immigration and Nationality Act, section 212:

http://www.uscis.gov/portal/site/uscis/menuitem.f6da51a2342135be7e9d7a10e0dc91a0/?vgnextoid=fa7e539dc4bed010VgnVCM1000000ecd190aRCRD&vgnextchannel=fa7e539dc4bed010VgnVCM1000000ecd190aRCRD&CH=act

(i) In general.-Except as provided in clause (ii), any alien convicted of, or who admits having committed, or who admits committing acts which constitute the essential elements of-

(I) a crime involving moral turpitude (other than a purely political offense or an attempt or conspiracy to commit such a crime),

....

(ii) Exception.-Clause (i)(I) shall not apply to an alien who committed only one crime if-

....

(II) the maximum penalty possible for the crime of which the alien was convicted (or which the alien admits having committed or of which the acts that the alien admits having committed constituted the essential elements) did not exceed imprisonment for one year and, if the alien was convicted of such crime, the alien was not sentenced to a term of imprisonment in excess of 6 months (regardless of the extent to which the sentence was ultimately executed).

In a nutshell, a single conviction for a crime which carries a maximum sentence of 1 year in prison, and the actual sentence was not more than 6 months, would NOT make the alien inadmissible.

They are going to look at the criminal code that applies to your CONVICTION, and not what the Crown could have opted to charge you with.

Unfortunately, you are now in AP, or "administrative processing". The first step was making you do all of the legwork to dig up as much information about this as possible. After that, they put the evidence you provided into your case file and then hand it over to an investigator, where it will sit on his/her desk until they get to it. How long this takes will depend on how many other cases they have to finish before they get to yours, and how complicated each of those cases are. Once they get to your case, they're going to try to confirm everything you've provided, and ultimately try to determine if your case meets the requirements for the exception clause (which it appears that it does). Once that determination has been made, they'll approve your visa.

Your fiancee might be able to get them moving a little faster by getting her senator and congressman involved.