Petty theft k1 visa extinguished charge [edited title, merged threads]

[Elsalove2016 34]

34 minutes ago, ConOfficer said:

It doesn't need to be translated. ConOff in Costa Rica are required to speak Spanish (we get sent for 6 months of Spanish training). They also surely have some Costa Rican lawyers working in the consulate. 

 

If they want it translated they'll ask for a translation. 

 

 

Is that the same for most of Latin American countries ? Thank you for your reply 

[Californiansunset 336]

6 hours ago, Elsalove2016 said:

Would a waiver be require to get a k1 visa due to petty theft ? 

Depends on the charge and whether it's the only crime that was ever committed. There's a petty offense exception. 

A crime involving moral turpitude (what petty theft is) is considered a “petty offense” if:

• the maximum penalty that you could have received for committing the offense is exactly one year or less, AND
• you personally were sentenced to no more than six months imprisonment, regardless of the amount of time you actually served.

If this is the case and it is the beneficiarys only record, chances are pretty good there's no need for a waiver. 

[TBoneTX 45,324]

A duplicate thread was moved from the Waivers forum to the K-1 Process forum and merged with the existing thread there.  Thread title was corrected to "extinguished."

 

VJ Moderation

[Elsalove2016 34]

2 hours ago, Californiansunset said:

Depends on the charge and whether it's the only crime that was ever committed. There's a petty offense exception. 

A crime involving moral turpitude (what petty theft is) is considered a “petty offense” if:

• the maximum penalty that you could have received for committing the offense is exactly one year or less, AND
• you personally were sentenced to no more than six months imprisonment, regardless of the amount of time you actually served.

If this is the case and it is the beneficiarys only record, chances are pretty good there's no need for a waiver. 

Thank you for your reply . I'm new to all this 

[Maagiclady 29]

Alex at alex@certifiedtranslationservicesus.com

is amazing and not too expensive. He will give you a certification of translation. You email him the document,  he will professionally translate it, email the translation and mail you the hard copy.  Tell him i sent you :-) Good luck

[Elsalove2016 34]

3 hours ago, Maagiclady said:

Alex at alex@certifiedtranslationservicesus.com

is amazing and not too expensive. He will give you a certification of translation. You email him the document,  he will professionally translate it, email the translation and mail you the hard copy.  Tell him i sent you :-) Good luck

Thank you 😊 

[Elsalove2016 34]

Hello , I just wanted to know that if someone quialify for a petty exception how long would it take for the visa to be granted or what is the process . I keep finding online articles of what it is but I can and find anything on how long would it take or what the process is , I am new to this can someone please share your experience . Thank you 

[Transborderwife 4,666]

Need more details.  

[Elsalove2016 34]

1 hour ago, Transborderwife said:

Need more details.  

 

1 hour ago, Transborderwife said:

Need more details.  

For petty theft which is the only thing that is showing on his record and he got one year of community service which was canceled because he was working and going to school so they through it was better to pay a fine of the the equivalent of 40 dollars . 

[Jawaree 717]

Guess the call is CO his home country....with the current climate & directive who knows ,

seem he could have gotten a year, now theft have been added to the list although not

legislated, it will be the Embassy call on whether a wavier of inadmissablity is needed,

also not much info is posted, you will need the final disposition on case

Edited May 2, 2017 by Jawaree

[Elsalove2016 34]

16 hours ago, Jawaree said:

Guess the call is CO his home country....with the current climate & directive who knows ,

seem he could have gotten a year, now theft have been added to the list although not

legislated, it will be the Embassy call on whether a wavier of inadmissablity is needed,

also not much info is posted, you will need the final disposition on case

So a waiver will be necessary no matter what ? Even though it's the only thing showing in his record couldn't be put under the petty exception ? 

[Jawaree 717]

Petty exception was under 30  gtams of weed

& afew other misdemeanors who know how USCIS

will classify it, he got a yr on paper USCIS goes by

time he could have done...consult the atty

[Blossomka 9]

On 03.05.2017 at 1:45 AM, Elsalove2016 said:

So a waiver will be necessary no matter what ? Even though it's the only thing showing in his record couldn't be put under the petty exception ? 

Hi Elsalove2016

 

Any news on your visa?

i have almost the same problems.

Please share the update..

[Elsalove2016 34]

On 2/6/2018 at 7:50 AM, Blossomka said:

Hi Elsalove2016

 

Any news on your visa?

i have almost the same problems.

Please share the update..

Hello , right now I am in the process of doing his waiver just my lawyer it’s taking forever to start it it’s very frustrating . I am almost 4 not he pregnant now i I was able to see my fiancé in October . I pray everyday that his case comes out good because all of this is very heart breaking . Hope your case comes out good as well. 

Edited February 9, 2018 by Elsalove2016

[Blossomka 9]

2 hours ago, Elsalove2016 said:

Hello , right now I am in the process of doing his waiver just my lawyer it’s taking forever to start it it’s very frustrating . I am almost 4 not he pregnant now i I was able to see my fiancé in October . I pray everyday that his case comes out good because all of this is very heart breaking . Hope your case comes out good as well. 

Thanks for your reply!

Does it mean he was actually denied visa during the interview?