I-601 WAIVER

[Raya 0]

I wondering if anyone's been to the Vancouver Consulate and needed a waiver because of a past criminal charge? Or anyone that can offer any advise. I'm trying to prepare for the next steps after NOA2. I'm reading about hardship letters. This whole process has had me in endless amounts of tears. I'm worried about a criminal charge I've had in the past (over 5 years ago and I was given a 6 month conditional sentence served in the community and was given probation). BUT, When I read the Exceptions (II), It says the MAX sentence that could have been given was no more than 1 year. I read up on the laws in Canada and the MAX sentence I actually could have been given is two years. I'm just wondering how picky they are going to be and will I need a waiver. Anyone with any input or been in this situation? I'd really appreciate it.

Thank-You.

This is what the law states....

(2) Criminal and related grounds.-

(A) Conviction of certain crimes.-

(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), or

(II) a violation of (or a conspiracy or attempt to violate) any law or regulation of a State, the United States, or a foreign country relating to a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)), is inadmissible.

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

(I) the crime was committed when the alien was under 18 years of age, and the crime was committed (and the alien released from any confinement to a prison or correctional institution imposed for the crime) more than 5 years before the date of application for a visa or other documentation and the date of application for admission to the United States, or

(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).

(B) Multiple criminal convictions.-Any alien convicted of 2 or more offenses (other than purely political offenses), regardless of whether the conviction was in a single trial or whether the offenses arose from a single scheme of misconduct and regardless of whether the offenses involved moral turpitude, for which the aggregate sentences to confinement 2/ were 5 years or more is inadmissible.

I forgot to add it is the only criminal conviction I've ever had and it was a Theft charge.

[homesick_american 1]

I'm no expert but it does seem to me like you will need a waiver. You may find it helpful to contact an immigration lawyer who has experience with this sort of thing. There's nothing in there that specifically makes you inadmissible but you're also not specifically excluded either, so it sounds like waiver filing-time.

Good luck.

[Carlawarla 1]

Probably best to be prepared to have a waiver. I believe you can do this and hand it in at the time of your interview even.

You mention you received a conditional sentence. I work in the criminal justice system so I'm wondering if you mean a conditional sentence or conditional discharge. A conditional sentence is a period of incarceration, served in the community. If it was a conditional sentence, and not a discharge, this means you were actually sentenced to a period of incarceration, which means a waiver would definitely need to be looked at. Was there some form of restitution? Was that paid during the CS? If not, that might be a factor as well.

Wishing you luck in this process! Maybe there is some information available on the forums for waivers in relation to criminal records in Canada.

Carla

[zyggy 9]

You will need the waiver...

And it isn't what the sentence would be in Canada.. it's what the maximum sentence for your crime would be in the US....

So I suggest that you retain an attorney who specializes in waivers and get their assistance.

Laurel Scott is one of those attorneys.... www.visacentral.net

[Raya 0]

I'm going to make some contacts over the next couple days to prepare.

Thank-You so much.