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 2,680]

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 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 3,639]

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 2,680]

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 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.