212h Inadmissible Pursuant to Section 212(a)(2)(a)(i)

[wmonsalve 0]

Hello my name is William Monsalve, I got married about a year and a half ago. I applied for Adjustment of Status (i-485) (i-130) and Work Permit. The work permit was approved, received my the card, got a SS and Driver License. The i-485 "Adjustment of Status" was accepted, went to get finger print, and appointed to an interview. The Immigration officer said that everything was perfect EXCEPT criminal record (shoplifting from walmart 17 years old) so she said that they needed more time to review my case, that i will hear from them within 60 days.

I received a letter from USCIS saying:

The review of your file indicates that you appear to be inadmissible to Section 212(a)(2)(a)(i) of the Immigration and Naturalization Act. However, you appear to qualify for a waiver of Inadmissibility Pursuant to Section 212(h).

I have been reading a little about this 212(h) and in my case, I have to prove that my Spouse will suffer "Extreme Hardship". Please any suggestions, anybody who has gone through this process?

Sincerely, William Monsalve

[Hypnos 6,578]

You may qualify for the "petty offence" exception, if:

(i) shoplifting was the only crime involving moral turpitude you have been convicted of;

(ii) you were sentenced to no more than six months imprisonment;

(iii) the maximum possible sentence for the crime you were convicted of was a year of imprisonment (or less).

You should investigate this possibility first, as you won't need an I-601 waiver if you qualify for this exception.

I'd suggest you consult with an experienced immigration attorney.

Edited August 8, 2013 by Hypnos

[Hypnos 6,578]

Too late to edit my post, so you get another one.

There is also the lesser-known "youthful offender" exception to CIMTs. If you have only ever committed one CIMT, and you were under 18 when you did it, then you cease to become inadmissible to the US five years after the date when you were released from prison (if sent there) or sentenced (if not).

You stated the shoplifting incident happened when you were 17, so provided it's been at least five years since sentencing or release, then you should qualify for this exception.

Again, an attorney is the way to go, and specifically ask about the "petty offence" and "youthful offender" exceptions.

Edited August 8, 2013 by Hypnos

[wmonsalve 0]

Thanks so much guys for the quick replies. Well the problem is that I plead guilty, plus I had other offences (minor) going to jail for driving without a Driver license about 3 times and plead guilty to those too. And a Felony that was taken off my record thanks to the First Offender Act in the state of GA.

I think I have no choice but to file this waiver.