my fiancé is denied under CIMT (split topic)

[Hopelessincanada 4]

On 6/5/2024 at 11:00 AM, muamenulano said:

yeah, i'm honestly shocked at her not being denied. I dont know if this will be helpful but the only options i can think of are:

• it is discretionary and we got lucky
• she was never actually in jail for the shoplifting charge, just detained at the station for 3 days (though that's not how i understand the law to work)
• we have been dating for nearly a decade so there wouldn't really be any question about it being a bona fide relationship
• (i personally think this is shitty if true but the thought did occur) Japan being such a low marriage fraud country, they might be less strict in their approval process
• I'm a recently graduated law student. I don't think that would do it but maybe.
• my joint sponsor is fairly well off. maybe they look at that? (again, shitty if true)

I'm happy to answer any questions if it helps but that's about all i can think of.

I don’t know if you’ll answer as your post is back in June. We were JUST informed by my senator that my fiancé is denied under CIMT and to file I-601. I’m at a loss at how your fiancé was approved. My fiancé stole a pair of shoes from his job in 2009- so almost 16 years ago now- was never in jail, paid for the shoes and fine, and that was that. We’ve been approved every step of the way in this process and they’ve now held his passport for SEVEN months before dropping this bomb on us. They didn’t even ask my fiancé about it during his interview!! I just retained a lawyer using emergency $ because I just don’t know what to do anymore. Even on the instructions of the 601 is says that you don’t need a waiver if it was one CIMT. So now we wait. Pay more. And our family suffers in the meantime. If anyone else wants to chime in too with their experience, I’d appreciate it too!

[appleblossom 3,030]

1 hour ago, Hopelessincanada said:

I don’t know if you’ll answer as your post is back in June. We were JUST informed by my senator that my fiancé is denied under CIMT and to file I-601. I’m at a loss at how your fiancé was approved. My fiancé stole a pair of shoes from his job in 2009- so almost 16 years ago now- was never in jail, paid for the shoes and fine, and that was that. We’ve been approved every step of the way in this process and they’ve now held his passport for SEVEN months before dropping this bomb on us. They didn’t even ask my fiancé about it during his interview!! I just retained a lawyer using emergency $ because I just don’t know what to do anymore. Even on the instructions of the 601 is says that you don’t need a waiver if it was one CIMT. So now we wait. Pay more. And our family suffers in the meantime. If anyone else wants to chime in too with their experience, I’d appreciate it too!

 

Have you actually had anything official or just word from the senator? I'd wait until you get a formal notice to see exactly what it says. It may not be the CIMT itself that is the issue, has your fiancé ever entered the US and not declared his crime? 

Edited November 19, 2024 by appleblossom

[Hopelessincanada 4]

4 hours ago, appleblossom said:

 

Have you actually had anything official or just word from the senator? I'd wait until you get a formal notice to see exactly what it says. It may not be the CIMT itself that is the issue, has your fiancé ever entered the US and not declared his crime? 

I received the email from the consulate today. In part: 

In light of the information available to us, the applicant is found ineligible for a visa under section 212(A)(2)(A)(I)(I) of the Immigration and Nationality Act (INA). Under this section of law, any individual who was convicted of a crime involving moral turpitude is ineligible for a visa and inadmissible to the United States  
 

 

He has never had an issue entering the US. It has never even been brought up, by land or air. 

[carmel34 3,654]

16 hours ago, Hopelessincanada said:

I just retained a lawyer

This is your best path forward.  Check if this lawyer has experience with US immigration and waivers for CIMT.

[appleblossom 3,030]

13 hours ago, Hopelessincanada said:

He has never had an issue entering the US. It has never even been brought up, by land or air. 

 

He had a I-192 waiver? 

 

Good news that it's a standard criminal inadmissibility denial, I know you probably don't think that though! But I was worried it was because of misrepresentation due to previous entries when he was inadmissible, which would be much more serious. This should be fairly easy to overcome, it'll just add more time unfortunately. 

 

I hope the lawyer can help you get the waiver filed asap, if you decide to do it yourself then there are tons of people on here who can help. 

 

Best of luck. 

 

 

Edited November 20, 2024 by appleblossom

[Hopelessincanada 4]

4 hours ago, appleblossom said:

 

He had a I-192 waiver? 

 

Good news that it's a standard criminal inadmissibility denial, I know you probably don't think that though! But I was worried it was because of misrepresentation due to previous entries when he was inadmissible, which would be much more serious. This should be fairly easy to overcome, it'll just add more time unfortunately. 

 

I hope the lawyer can help you get the waiver filed asap, if you decide to do it yourself then there are tons of people on here who can help. 

 

Best of luck. 

 

 

He never had a I-192 waiver. He’s never has a problem entering the US. Nothing comes up when we have gone to the US to visit my family. The theft and fees he paid for the theft were on his initial I-129f application. The theft occurred almost 16 years ago now. He was approved no problem from the start. It’s just bizarre, he wasn’t even asked a single question during the interview about it and when they gave him 221g they wanted his passport sent with the additional docs they asked for. They’ve been sitting on his passport for 7 months so we’ve been just stuck in canada, only for them to do this now. We’re waiting on the lawyers analysis now. He’s strictly an immigration lawyer, including winning CIMT cases (I assume that means the win sent the case back to the consulate without having the I-160 waiver). The processing time for the waiver right now is 29 MONTHS. We just found out we’re expecting too, we’re in the process of selling our house. It’s all just a nightmare. 

[Inharket 0]

On 11/21/2024 at 5:47 AM, Hopelessincanada said:

He never had a I-192 waiver. He’s never has a problem entering the US. Nothing comes up when we have gone to the US to visit my family. The theft and fees he paid for the theft were on his initial I-129f application. The theft occurred almost 16 years ago now. He was approved no problem from the start. It’s just bizarre, he wasn’t even asked a single question during the interview about it and when they gave him 221g they wanted his passport sent with the additional docs they asked for. They’ve been sitting on his passport for 7 months so we’ve been just stuck in canada, only for them to do this now. We’re waiting on the lawyers analysis now. He’s strictly an immigration lawyer, including winning CIMT cases (I assume that means the win sent the case back to the consulate without having the I-160 waiver). The processing time for the waiver right now is 29 MONTHS. We just found out we’re expecting too, we’re in the process of selling our house. It’s all just a nightmare. 

 

Did your lawyer give you more information yet? I have some insight on this, but if your lawyer has already gotten back to you, you're likely in good hands. 

[Hopelessincanada 4]

On 12/19/2024 at 12:28 AM, Inharket said:

 

Did your lawyer give you more information yet? I have some insight on this, but if your lawyer has already gotten back to you, you're likely in good hands. 

Sorry for my delay in response. I would very much appreciate your insight anyway!

 

my lawyer is filing a petty exemption (fiancé beyond qualifies for it) request directly to the consulate, they’re giving them 30 days to respond. If they don’t, they Will send another request and give a 15 day timeframe. If the consulate doesn’t respond, they’re going to the DC office which oversees the consulate. They were very clear that Montreal is not very responsive (that will shock no one here haha). They said if it’s not approved that we will have to file for exemption, which last I checked was 29 month processing time. 

[appleblossom 3,030]

On 1/3/2025 at 9:48 PM, Hopelessincanada said:

my lawyer is filing a petty exemption (fiancé beyond qualifies for it) request directly to the consulate, they’re giving them 30 days to respond. 

 

Are you sure he qualifies for a petty offence exemption? Was the offence committed in Canada? Theft with a value of $5k or less still has up to a 2 year maximum sentence under the Canadian criminal code. 

[Family 4,175]

1 hour ago, appleblossom said:

 

Are you sure he qualifies for a petty offence exemption? Was the offence committed in Canada? Theft with a value of $5k or less still has up to a 2 year maximum sentence under the Canadian criminal code. 

You are on point, it will not qualify and Consulate will stick to requiring the I-601. 
 

Interesting how the attorney says he will give the Consulate a 30 Day demand to respond 😂. ..when he is just emailing consular unit a brief …with no judicial teeth since there is no court action to compel any response, let alone on a clock.
 

..nothing stopping attorney from contacting LegalNet over refusal and with same argument /brief. 
 

Some reading resources 

 

https://fam.state.gov/fam/09FAM/09FAM010304.html

9 FAM 103.4-1  (U) IN GENERAL

(CT:VISA-60;   02-25-2016)

(U) There is no appeal process for visa refusals; however, applicants and their representatives of record may pose legal questions regarding pending or recently completed visa cases by email to LegalNet@State.gov.  See 9 FAM 601.7-3 for information regarding correspondence with attorneys or other intermediaries. 

 

 

https://torontofraudlawyer.ca/USA-travel-fraud-charges.htm

Someone said fraud under $5000 (shoplifting or theft from the workplace) is a summary offence and not an indictable one therefore it shouldn’t be a problem

The “someone” who told you that is wrong. Fraud Under $5000 in any form is a hybrid indictable (felony) offence. It is not a straight “summary” or “summary conviction” offence in Canada. When someone is charged with fraud under $5000, even if because they switched a $2 price tag, they are subject to indictable prosecution and up to 2 years in prison as a sentence. 

There is a lot of misinformation about this issue that is sometimes being provided by people who work for the Government (Ontario or Federal) in Canada. The U.S. INA and the U.S. CBP Directives and Handbooks are extremely clear that all forms of fraud, including fraud under $5000, are moral turpitude offences. U.S. immigration law further states that if the maximum punishment is more than 1 year for the moral turpitude offence it is not subject to an exception. Since all forms of fraud under $5000 carry a maximum sentence of 2 years in prison they do not meet this exception.

 

 

https://nortontooby.com/topics/petty_offense_exception

Petty Offense Exception

 

Since so many offenses can be classified as crimes involving moral turpitude, many noncitizens risk being excluded even for minor convictions. Coming within the Petty Offense Exception is one way to avoid this exclusion. This exception excuses inadmissibility, but not deportability, on account of a conviction of, or admission of committing, one crime of moral turpitude. It does not excuse any other ground of inadmissibility, such as a drug conviction.

Elements of the Petty Offense Exception

 

Under the Petty Offense Exception, a noncitizen is automatically not inadmissible, on account of a conviction or admission of a crime involving moral turpitude, if all three requirements are met:[1]

• s/he has committed only one crime involving moral turpitude; and

• s/he “was not sentenced to a term of imprisonment in excess of six months (regardless of the extent to which the sentence was ultimately executed)”; and

• the offense of conviction carries a maximum possible sentence of one year or less.[2]

Thus, a person convicted of a misdemeanor first-offense CMT with a maximum of one year and a sentence imposed of six months or less is not inadmissible under the moral turpitude ground.  There is no discretionary component to this rule, and the noncitizen need not seek a waiver of any kind.  The statute creating this ground of inadmissibility simply has an exception.

 

[SalishSea 18,117]

On 1/3/2025 at 6:48 PM, Hopelessincanada said:

Sorry for my delay in response. I would very much appreciate your insight anyway!

 

my lawyer is filing a petty exemption (fiancé beyond qualifies for it) request directly to the consulate, they’re giving them 30 days to respond. If they don’t, they Will send another request and give a 15 day timeframe. If the consulate doesn’t respond, they’re going to the DC office which oversees the consulate. They were very clear that Montreal is not very responsive (that will shock no one here haha). They said if it’s not approved that we will have to file for exemption, which last I checked was 29 month processing time. 

Please let us know what happens with this.

[Hopelessincanada 4]

On 1/5/2025 at 2:02 PM, Family said:

You are on point, it will not qualify and Consulate will stick to requiring the I-601. 
 

Interesting how the attorney says he will give the Consulate a 30 Day demand to respond 😂. ..when he is just emailing consular unit a brief …with no judicial teeth since there is no court action to compel any response, let alone on a clock.

 

Idk what is so humorous to you. It’s called advocacy. Considering we’ve sent the application in three years ago, he was never even asked about the theft during the interview, which lasted maybe 5 minutes and they kept his passport for 8 months only to then deny it, so yeah I’m appreciative they’re asking for a response in a reasonable timeframe.
 

As to another poster, The court record itself says the maximum punishment was one year, if given jail time. Which he wasn’t. Single offense, paid fine, no jail time, crime occurred more than 15 years ago. It is what it is at this point, so whatever happens we’ll just keep moving forward. 

Edited January 13 by Hopelessincanada

[Hopelessincanada 4]

11 hours ago, Hopelessincanada said:

Idk what is so humorous to you. It’s called advocacy. Considering we’ve sent the application in three years ago, he was never even asked about the theft during the interview, which lasted maybe 5 minutes and they kept his passport for 8 months only to then deny it, so yeah I’m appreciative they’re asking for a response in a reasonable timeframe.
 

As to another poster, The court record itself says the maximum punishment was one year, if given jail time. Which he wasn’t. Single offense, paid fine, no jail time, crime occurred more than 15 years ago. It is what it is at this point, so whatever happens we’ll just keep moving forward. 

This applicant was approved in the interview despite CIMT and up to TEN year prison sentence of the crime in her country of origin. Not asked about it either. 
This process makes no sense 

[Family 4,175]

12 hours ago, Hopelessincanada said:

Idk what is so humorous to you. It’s called advocacy. Considering we’ve sent the application in three years ago, he was never even asked about the theft during the interview, which lasted maybe 5 minutes and they kept his passport for 8 months only to then deny it, so yeah I’m appreciative they’re asking for a response in a reasonable timeframe.

You misinterpreted my “laugh”, as Montreal is dreadfully non responsive and ‘’tough” in a by the book rigid way. 

 

You have a very good attorney who spelled out for you in clear terms that consulate may not respond, laid out a tight schedule for him to try a couple of times, seek and advisory opinion and prepared you to accept the I-601 may be inevitable. 

[Hopelessincanada 4]

23 hours ago, Family said:

You misinterpreted my “laugh”, as Montreal is dreadfully non responsive and ‘’tough” in a by the book rigid way. 

 

You have a very good attorney who spelled out for you in clear terms that consulate may not respond, laid out a tight schedule for him to try a couple of times, seek and advisory opinion and prepared you to accept the I-601 may be inevitable. 

It’s been a nightmare every step of the way, so I’m preparing myself that it might fail and we’d have to go the I-601 route. Don’t know what else to do beyond that point.