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chrisclassic

WILL I NEED A WAIVER

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Filed: K-1 Visa Country: United Kingdom
Timeline

Okay i have put this story on here before so please dont judge

i am very worried and having many nights of not sleeping

so please keep it nice and honest truth and good or bad news

we recently got our noa2 was very excited were now starting to get everything ready for my medical and eventual interview

my prob is this

i have travelled on the vwp 3 times in the last year not knowing / forgetting about a potential cimt theft of a traffic cone back in 2007 it ended up in a warning for first time offenders as it was very minor ....... finding this out i now know i was not able to use the vwp

im so worried that i will be denied my k1 at the interview because of the cimt (even though im in the exception rule) and missrep due to fraud of vwp and need a waiver

i have all the correct documentation and will be honest in every part of the interview

im so worried but my fiance nicole is full of hope false hope i belive as im a man with very bad luck in life and feel i will be denied and have to do a waiver (i hope this isnt the case)

so could someone please tell me where i stand and but bluntly honest

GUTTED AND NEED HELP

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Filed: Citizen (apr) Country: Canada
Timeline

What came up on the police check?

good luck

USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

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Theft can be considered a crime involving moral turpitude if it was committed with the intent of permanent taking. You would likely need to read the final disposition of the case, or consult with an immigration attorney, to see if this makes you inadmissible to the US as a result, though as you say the "petty offence" exception would probably save you here, even if it was considered a CIMT.

If it is considered as a crime involving moral turpitude then you also committed misrepresentation by not disclosing it on your ESTA application(s).

Since we're talking about theft of a traffic cone then I would imagine you are probably ok, but IANAL.

I'd strongly suggest you speak with an immigration attorney (and perhaps more than one) to have them review the situation.

Edited by Hypnos

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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Filed: K-1 Visa Country: United Kingdom
Timeline

What came up on the police check?

good luck

on my subject access its a caution and sorry it was 2004 not 2007 not that it helps

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Filed: K-1 Visa Country: United Kingdom
Timeline

Theft can be considered a crime involving moral turpitude if it was committed with the intent of permanent taking. You would likely need to read the final disposition of the case, or consult with an immigration attorney, to see if this makes you inadmissible to the US as a result, though as you say the "petty offence" exception would probably save you here, even if it was considered a CIMT.

If it is considered as a crime involving moral turpitude then you also committed misrepresentation by not disclosing it on your ESTA application(s).

Since we're talking about theft of a traffic cone then I would imagine you are probably ok, but IANAL.

I'd strongly suggest you speak with an immigration attorney (and perhaps more than one) to have them review the situation.

Thanks so it is best if we prepare for a waiver then

but can i ask what does IANAL. mean ????

Thanks so it is best if we prepare for a waiver then

but can i ask what does IANAL. mean ????

i am not a lawyer

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