my fiancé is denied under CIMT (split topic)

[Inharket 0]

On 1/6/2025 at 8:02 AM, Family said:

 

 

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.

 

Keep in mind the petty offense exception does not apply if you already attended an interview, and the consulate informed DHS of your CIMT at the time of the interview. You will still have to do the 601 waiver, even if you qualify for the exception. 

Basically, @Hopelessincanada, you will unfortunately just have to progress with the 601 waiver. If it makes you feel better, we'll be in the trenches together. 

[Hopelessincanada 4]

1 hour ago, Inharket said:

Keep in mind the petty offense exception does not apply if you already attended an interview, and the consulate informed DHS of your CIMT at the time of the interview. You will still have to do the 601 waiver, even if you qualify for the exception. 

Basically, @Hopelessincanada, you will unfortunately just have to progress with the 601 waiver. If it makes you feel better, we'll be in the trenches together. 

No idea if the consulate informed DHS. My fiancé was never asked about the theft during the interview. We’re waiting on the response to our lawyer from now and will go from there. 

[Inharket 0]

4 hours ago, Hopelessincanada said:

No idea if the consulate informed DHS. My fiancé was never asked about the theft during the interview. We’re waiting on the response to our lawyer from now and will go from there. 

If your partner has an ESTA and it was cancelled then they've been informed. If it says anywhere that his visa application has been refused under 212, they've very likely been informed and it apparently cannot be overturned at this point.

 

[Hopelessincanada 4]

9 hours ago, Inharket said:

If your partner has an ESTA and it was cancelled then they've been informed. If it says anywhere that his visa application has been refused under 212, they've very likely been informed and it apparently cannot be overturned at this point.

 

Idk what an ESTA is. He’s never had issue going back and forth to US. 

[Boiler 45,993]

Not applicable to Canadians