Criminal Record

[Earmuffs 1]

Ok so im about to go for my intervie for my I-129F in Vancouver. Im pretty sure im gonna need the waiver because I have a Mischief, Breach of probation and a theft under (item was $5.. dumb i know.) first one was a separate case and i got 6 months probation.. that went fine then they gave me a summons for the other charges. Plead guilty, got 100 community hours and one year probation. Did the community hours right away and later they suspended my sentence..

Now my problem is... My fiancee is up here in Canada with me returning home for a bit every six months. Se took time off college to move here and brought her son. We have another baby on the way and since she has no medical Im paying outta my pocket for all the medical fees.. thats fine but, Im hearing the waiver takes around 12-18 months and if that is the case I think even thought we have a baby on the way that Its probably easier on us both to go our separate ways, at least she can finish her school and not have to wait almost 2 years.

[Bobbie 1]

Ok so im about to go for my intervie for my I-129F in Vancouver. Im pretty sure im gonna need the waiver because I have a Mischief, Breach of probation and a theft under (item was $5.. dumb i know.) first one was a separate case and i got 6 months probation.. that went fine then they gave me a summons for the other charges. Plead guilty, got 100 community hours and one year probation. Did the community hours right away and later they suspended my sentence..

Now my problem is... My fiancee is up here in Canada with me returning home for a bit every six months. Se took time off college to move here and brought her son. We have another baby on the way and since she has no medical Im paying outta my pocket for all the medical fees.. thats fine but, Im hearing the waiver takes around 12-18 months and if that is the case I think even thought we have a baby on the way that Its probably easier on us both to go our separate ways, at least she can finish her school and not have to wait almost 2 years.

Do you know for sure you will need a waiver? Oh by the way, because you must wait two years, that is a really slack reason for giving up on a relationship, unless you are already tossing in the towel. Why do I say this? That baby. That is why. Im sorry but your letter is upsetting to me. It sounds so casual. This child will grow up knowing daddy was committed, but hey kid, not past 2 years...wooaaaa thats a long time.

Sorry, I dont understand.

Bobbie

[Earmuffs 1]

I don't know if i will need the waiver thats kinda why im asking in here.. but from what ive read and heard im guessing i will.

[Bobbie 1]

I don't know if i will need the waiver thats kinda why im asking in here.. but from what ive read and heard im guessing i will.

I think there is a possibility you dont need the waiver. You must read more about the 601's. It sounds like your "situations" were not that big of deal. I really think you need to read the law, and not just the responses.

Im sorry to be so hard on you. I just think parents who are so easy to give up do such a large disservice to their children. Not saying your son or daughter will turn out bad, but where do you think these kids who commit violent crimes at age 10 or begin to smoke meth or crack at 12...where do you think they come from? Not typically 2 parent households who are committed to the family...they come from families where a parent has skated becaused they saw a new bright shiney object and lost interest......

I really think you arent going to have as much problem as you think, look into it.

Good Luck

[kitkat1 5]

I don't know if i will need the waiver thats kinda why im asking in here.. but from what ive read and heard im guessing i will.

Why don't you do a little more research and perhaps consult with a qualified immigration attorney who has experience with criminal waivers before you throw it all away?

http://www.americanlaw.com/exclude3.html

Criminal Grounds of Inadmissibility

[Earmuffs 1]

Multiple Criminal Convictions

Under INA §212(a)(2)(B), an alien who has been convicted or two or more offenses (other than purely political offenses), regardless of whether or not the convictions arose from a single trial or arose from a single scheme of conduct involving moral turpitude ande whether or not the offenses involved moral turpitude, is excludable if the aggregate sentence of confinement actually imposed is five years or more.

ok so i got 6 months probation and a suspended sentence. So does that mean i might be ok because the aggregate sentence of confinement imposed was probation and not even jail?

Edited May 16, 2007 by Earmuffs

[garyandkris 0]

Multiple Criminal Convictions

Under INA §212(a)(2)(B), an alien who has been convicted or two or more offenses (other than purely political offenses), regardless of whether or not the convictions arose from a single trial or arose from a single scheme of conduct involving moral turpitude ande whether or not the offenses involved moral turpitude, is excludable if the aggregate sentence of confinement actually imposed is five years or more.

ok so i got 6 months probation and a suspended sentence. So does that mean i might be ok because the aggregate sentence of confinement imposed was probation and not even jail?

This is where things get a little (more) confusing. Theft's considered a Crime involving Moral Turpitude even when it's petty, but mischief probably wouldn't be considered a CiMT depending on the circumstances. More fun reading : http://www.foia.state.gov/masterdocs/09fam/0940021aN.pdf Technically, you are ineligible if you have committed just one CiMT unless you fall under the "petty exception" clause, INA §212(a)(2)(A)(ii)(II). If your conviction for theft falls under the petty exception clause, and your mischief charge isn't considered a CiMT, then you should be eligible under the clause you cited above.

I would think you wouldn't need a waiver, but you might want to go to your interview prepared to show why you don't need one. Do a little research into what you were specifically convicted of to ensure you fall under the exception clauses, and maybe write a small brief to take with you if you want. It's fun. Really.

[Earmuffs 1]

yeah for the theft they never even found the item on or near me they said it and my fingerprints on it. the item had a value of $5 dollars

[Earmuffs 1]

Multiple Criminal Convictions

Under INA §212(a)(2)(B), an alien who has been convicted or two or more offenses (other than purely political offenses), regardless of whether or not the convictions arose from a single trial or arose from a single scheme of conduct involving moral turpitude ande whether or not the offenses involved moral turpitude, is excludable if the aggregate sentence of confinement actually imposed is five years or more.

ok so i got 6 months probation and a suspended sentence. So does that mean i might be ok because the aggregate sentence of confinement imposed was probation and not even jail?

This is where things get a little (more) confusing. Theft's considered a Crime involving Moral Turpitude even when it's petty, but mischief probably wouldn't be considered a CiMT depending on the circumstances. More fun reading : http://www.foia.state.gov/masterdocs/09fam/0940021aN.pdf Technically, you are ineligible if you have committed just one CiMT unless you fall under the "petty exception" clause, INA §212(a)(2)(A)(ii)(II). If your conviction for theft falls under the petty exception clause, and your mischief charge isn't considered a CiMT, then you should be eligible under the clause you cited above.

I would think you wouldn't need a waiver, but you might want to go to your interview prepared to show why you don't need one. Do a little research into what you were specifically convicted of to ensure you fall under the exception clauses, and maybe write a small brief to take with you if you want. It's fun. Really.

ok I think im clear on the mischief.. I should fall under the damaging private property.. for spray painting a railway car. Where would i find the exemption for petty theft?

[garyandkris 0]

ok I think im clear on the mischief.. I should fall under the damaging private property.. for spray painting a railway car. Where would i find the exemption for petty theft?

The "petty exception" clause is:

(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).

http://travel.state.gov/visa/frvi/ineligib...Ineligibilities

I assume given the nature of your offense, taking an item worth $5.00, you were tried summarily (no indictment). Section 785 of the Criminal Code of Canada states that the maximum penalty for a summary conviction offense is a sentence of 6 months of imprisonment, a fine of $2000, or both. So the maximum sentence for your particular offense is probably six months, which is well under the 1 year limit.

For lesser crimes of theft in general, though:

Theft Under $5000 is punishable by imprisonment for not more than 2 years

and, if treated as a summary conviction offence, 6 months imprisonment, a fine of $2000 or both.

http://en.wikipedia.org/wiki/Theft#Theft_in_Canada

If you weren't tried summarily, the max sentence you could have received would be 2 years, and you wouldn't be eligible under the petty exception clause.

I missed the "breach of probation" part in your first post; I'm really not sure how that will be viewed. You may want to have a consult with an immigration attorney about your situation. It should only cost about $100 and will really help clear things up.