Is it a CIMT if it's not listed under I-129F section 3 part 2?

[Stanri010 0]

First off, I plan on getting a immigration attorney but before I do, I'm trying to get some more info on this subject.

A few years back, my fiance wound up with a shoplifting citation. She was "arrested" (forced to spend a half an hour talking to the police at the mall) and was given a city ordinance violation. She never had to go to court but it's my understanding that by paying the fine, she admitted to the guilt.

My initial understanding is that this would be subject to a crime of immoral turpitude. However, upon briefly talking to a couple immigration lawyers in free consultations, a couple of them said it wasn't a CIMT but they did not elaborate as I never purchased their service.

Upon examining the I-129F form, in section 3 part 2, they clearly spell out a handful of really bad crimes (CIMT), of which her shoplifting doesn't fall under. In guides for K1 visas, I've seen instructions to only reveal convicted crimes that fall under section 2a/b/c.

To exacerbate things, I could probably get a sealed police report of the citation, but the courthouse doesn't have any final disposition for the case. It's almost as if it never went through the court system. The best I might be able to do is to get a receipt for the fine paid.

Like I said, I'm planning on getting an attorney for further advice but I'd hate to dredge up a potential CIMT situation where it really isn't and not be able to provide the proper documentation of it's resolution.

[LionessDeon 2,060]

I wouldn't rush right out and get an attorney quite yet.

For clarification, who is the petitioner/USc and who is the beneficiary? I'm assuming she is the beneficiary

[Stanri010 0]

I wouldn't rush right out and get an attorney quite yet.

For clarification, who is the petitioner/USc and who is the beneficiary? I'm assuming she is the beneficiary

I would be the petitioner, a US citizen. She is a south korean beneficiary.

[LionessDeon 2,060]

Then those 3 questions pertain to you not her.

Her part will come when its time to complete the DS160.

[Merrytooth 5,748]

I-129F is asking the criminal history of USC petitioner.

Shoplifting is usually considered as CIMT.

Your fiancee will have to answer to that during Consular Interview.

[Stanri010 0]

Ah, that makes a lot more sense. Thanks.

[Anitafeliz 1,133]

It will probably show up on her police record since she pled guilty.

[Stanri010 0]

Where does the DS-160 fall in terms of the step by step checklist? Is the DS-160 just the online version of the paper application package?

http://www.visajourney.com/content/k1guide

It will probably show up on her police record since she pled guilty.

Normally, I'd agree with you but since it was a city police and city ordinance, they said it'd only show up only on their systems. I really hate this situation where I can't provide the proper disposition even when I do want to be truthful about everything. The court can't find anything in their systems.

Edited August 8, 2016 by Stanri010

[Merrytooth 5,748]

Where does the DS-160 fall in terms of the step by step checklist? Is the DS-160 just the online version of the paper application package?

http://www.visajourney.com/content/k1guide

Normally, I'd agree with you but since it was a city police and city ordinance, they said it'd only show up only on their systems. I really hate this situation where I can't provide the proper disposition even when I do want to be truthful about everything. The court can't find anything in their systems.

Your Fiancee has to fill up DS-160 before the consular interview (after I-129F approved, sent to the US Consulate)

http://www.ustraveldocs.com/kr/kr-iv-typek1k2.asp

http://www.ustraveldocs.com/kr/kr-niv-ds160info.asp

It does not matter if it is city police or not. She has to get the police certificate anyway.

She has to answer truthfully to the question if she is ever arrested.

Bring whatever citations, payment documents to the interview.

[LionessDeon 2,060]

http://www.visajourney.com/content/k1flow

Step 9/10 ish The DS160 is the beneficiary's visa application. Yes it is online. You can see it under the example forms tab.

http://www.visajourney.com/examples/DS-160-Example-Form.pdf

It's always best to tell the truth than try to hide it. If they find out she could be given a misrepresentation and possibly receive a lifetime ban. The question isn't worded "what shows up on your police record". It says "have you ever".

Edited August 8, 2016 by LionessDeon

[Villanelle 4,122]

Those questions are to determine if you fall under the Adam Walsh Act- so .....

What you are talking about can fall under the petty exception rule.

9 FAM 40.21(a) N7.1 Provisions of INA 212(a)(2)(A)(ii)

(CT:VISA-1318; 09-24-2009)

As amended, a conviction or admission of the commission of a crime of moral turpitude will not serve as the basis of ineligibility under INA 212(a)(2)(A)(i), if the following conditions have been met:

(1) The applicant has been convicted of or has admitted to the commission of only one crime;

(2) The maximum penalty possible for the crime of which the alien was convicted or for which the alien legally admitted to did not exceed imprisonment for one year and, if the alien was convicted and the alien was not sentenced to a term of imprisonment in excess of six months; or

(3) 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 if applicable) more than 5 years before the date of the visa application. (See 9 FAM 40.21(a) N8, below.)

However people have been denied for shoplifting as they seem to take that pretty seriously. IF you are denied you will be told at the interview and need to file a waiver. Good luck!!

[Stanri010 0]

I have reviewed the petty exception rule and it does appear to fall under that. The only problem is, again, the documentation may be shoddy as there's no court disposition, only a paid receipt.

I guess we'll just see how it goes.

EDIT: Does the interviewer invoke the petty exception rule then and there during the interview or is it done afterwards? If during, I'd take it they would need all of the information on all possible sentencing on the crime.

Edited August 8, 2016 by Stanri010

[Villanelle 4,122]

I believe its either before or at the interview when its reviewed. However you cant rule out being given a 221g temp denial while they research it. You would be placed in AP while they do so... Every consulate and every Officer seems to work differently so I dont think anyone can tell you for sure what the process will be like.

You do need to get any and all documentation about the incident though and have it for the interview. Good luck!