cr1 Police clearance/ Criminal Record

[MrsRaj 1]

On 3/24/2023 at 4:37 PM, pushbrk said:

More accurately, during the interview, the Consular Officer will determine whether you get a visa.  I doubt this issue will cause a denial.

Please could you advise after reading the below which I have put down in detail, also please let me know if I need to hire immigration lawyer or have some kind of documentation when going for interview? Will I need a waiver? Thank you! 

 

 

 

I am in dire need for some help and advice with my  case, I am the beneficiary for my spouse visa (CR1) and I have 1 criminal record. In 2016, I pleaded guilty to one count of theft. I attended all my hearings and also provided restitution (jewelries were returned and paid $400usd) the total amount was approximately $1400usd total for theft. The verdict of the judge: 

 

1. You said that you are willing to pay back for what you have stolen. You promised not to re-offend. Subsequently you paid $ 400 dollars for
   restitution.
2. In this case I pick 18 months as the starting point. For the aggravating factors I enhance the sen ence by 3 months. For the mitigating factors I deduct 3 months Further I give you a 1/3 discount for the early plea.
3. Further I give you a 1/3 discount for the early plea.
4. Having considered your previous clean records and the fact that you did restitution, I decide to suspend your sentence.
5. Accordingly I impose 12 months imprisonment on you and suspend it for 5 years.

 

 I was 22 years old at that time, now I am 29. I had previous clean record and this is the only criminal record that I have under my name. I have been extremely anxious and depressed if this will cause a denial as we are at the NVCstage, I know at the interview I will be asked and I will tell honestly about the conviction however I am anxious if this case is going to cause the CO to deny my visa. 
 

Kindly requesting your help and advice, has anyone else been in a similar situation or position and can give me advice please. 
 

Your help will truly help me calm me down. 
 

thank you in advance 

[Chancy 6,241]

On 4/2/2023 at 12:21 AM, MrsRaj said:

please let me know if I need to hire immigration lawyer or have some kind of documentation when going for interview? Will I need a waiver?

 

Bring all the court documents about your case.  As others already mentioned, only the consul office can decide if you need a waiver or not.  If you want to prepare in advance for the possibility, consult with an immigration lawyer experienced with waivers for CIMT inadmissibility.  But you cannot apply for a waiver ahead of the visa interview.

 

[AKN2 49]

I can understand your anxiety. The NVC won't be a problem as long as you upload all your documents correctly. For the interview, be prepared with a concise summary of the conviction, including all  important details. I'd suggest you prepare a rough draft of what you want to say and rehearse it several times before the interview. However,  knowing what I now know, you're more likely to go into AP after the interview rather than an outright denial. In my experience, consulting with an immigration lawyer before the interview is fruitless; you'll have to wait for the CO's decision and take it from there. It's a nerve-wracking process and takes a lot of patience. Be prepared to wait for what will seem like an eternity. Try not to be depressed. Things will work out. I wish you luck. 

[AKN2 49]

So, did you get DQ'd? Do keep us updated about your case. All the best!

[Ra2023 11]

On 4/4/2023 at 10:26 PM, Chancy said:

 

Bring all the court documents about your case.  As others already mentioned, only the consul office can decide if you need a waiver or not.  If you want to prepare in advance for the possibility, consult with an immigration lawyer experienced with waivers for CIMT inadmissibility.  But you cannot apply for a waiver ahead of the visa interview.

 

You right Chancy I am in a same boat call solar Officer denied my visa and give papers to file waiver.