CMIT london please help

[baba27 0]

I would like to know that my finace was arrested fours for shoplifting only once but five counts. and she was 19 yrs old at that time. now she is going to have her k1 interview, according to what i have read she will be refused visa, also i wanted to know what are our options and how much time it takes to get approved if one gets refused a k1 visa.

thanks

[baba27 0]

The ground does not apply where the alien has committed only one crime of moral turpitude, 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 to prison or a correctional institution imposed for the crime) more than five years before the date of application for a visa or other documentation and the date of application for admission to the United States

does this help to make the case easy

[Lansbury 19]

The ground does not apply where the alien has committed only one crime of moral turpitude, 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 to prison or a correctional institution imposed for the crime) more than five years before the date of application for a visa or other documentation and the date of application for admission to the United States

does this help to make the case easy

As you say she was 19 at the time, and there was more than one count (more than one crime) I do not expect it does help very much.

However is shoplifting a CIMT?

[baba27 0]

As you say she was 19 at the time, and there was more than one count (more than one crime) I do not expect it does help very much.

However is shoplifting a CIMT?

it says one crome but five offences do you think it makes any difference, also how much time it takes to get waiver, is there a time line, where can i check the time line?

[baba27 0]

also five years will be finished next yr in june, will this be a problem after that

thanks

[Lansbury 19]

Might be one count but as you say it is five offenses, it is five offenses not one. Were they all at the same time and location or offenses committed on different days but all part of one charge.

Will it make a difference yes. Is there a time line for waivers, not really depends on the circumstances. Waivers are not do it yourself jobs you need to speak to an immigration lawyer who undertakes waiver cases.

www.aila.org - American immigration lawyers association.

[baba27 0]

yes it was crime committed only once, but fuve offeces as i described early. according to rules she will fine after june next year. but what are the chances on k1 visa or should i get marry and it will be better chances. coz when she applied for student visa she was told she has to clean for 5 yrs.

please give me your opinion

thanks

[Lansbury 19]

yes it was crime committed only once, but fuve offeces as i described early. according to rules she will fine after june next year. but what are the chances on k1 visa or should i get marry and it will be better chances. coz when she applied for student visa she was told she has to clean for 5 yrs.

please give me your opinion

thanks

It doesn't matter if it is a K-1 visa or CR-1 they will treat the criminal conviction the same way. You need to consult with an immigration attorney even if just a one off for advice. Like I asked before and you haven't answered is "shoplifting" a CIMT. The definition of what is and what isn't a CIMT is very murky. Just because for a student visa they told her to be of good moral character for 5 years doesn't mean that rule applies to immigration visas.

If she applies for a K-1 or CR-1 and is refused I believe the only grounds for a waiver is hardship to the US citizen. That is very hard to prove and is most certainly not a do-it-yourself job. I have given you the link to the immigration lawyers association go find one near you and have a one of consultation with them. It might well be the best couple of hundred or so bucks you have every spent.

[Lansbury 19]

yes it was crime committed only once, but fuve offeces as i described early.

If someone walks into a shopping mall and shoots dead 5 people how many crimes have they committed?

You haven't said what country she was in when she committed the thefts or the wording of the charges, but on the face of it five counts of theft are five separate crimes.

[baba27 0]

yes shoplifting is considered as CIMT, also does it not make sense the exception applies to a crime is committed more than five years before the date of application for a visa or other documentation and the date of application for admission to the United States

she is a UK citizen.

that is why i am trying to say the visa office told her to be clean for 5 years based upon this exception of one crime for which the punishment was not more that one year.

thanks for writing