Has anyone not needed a waiver with cimt?

[JPKandCAK 0]

Ok so, I've been trying to figure out whether we'll need a waiver or not. Just over 3 years ago i got a fixed penalty fine for shoplifting under £25 and then a caution for shoplifting again I was stupid.. I know. I've been using the vwp and im not even sure if i should have been using it. The caution showed up on my police certificate but not the fine.. The fine did show up on the subject access papers though. I didnt have any jail time or anything like that. We applied for a cr-1 visa for me and my son who is 3 and are currently at the nvc stage. I wanna know what will happen to my sons visa if he gets approved and i dont because if it takes more than 6 months for a waiver to be approved then wont his get cancelled if it isn't activated? I'm so confused and just wondering if people can tell me their experiences and if they needed a waiver or not. Thank you

[Tim/Mav 305]

Ok so, I've been trying to figure out whether we'll need a waiver or not. Just over 3 years ago i got a fixed penalty fine for shoplifting under £25 and then a caution for shoplifting again I was stupid.. I know. I've been using the vwp and im not even sure if i should have been using it. The caution showed up on my police certificate but not the fine.. The fine did show up on the subject access papers though. I didnt have any jail time or anything like that. We applied for a cr-1 visa for me and my son who is 3 and are currently at the nvc stage. I wanna know what will happen to my sons visa if he gets approved and i dont because if it takes more than 6 months for a waiver to be approved then wont his get cancelled if it isn't activated? I'm so confused and just wondering if people can tell me their experiences and if they needed a waiver or not. Thank you

I'am alittle confused as to who shoplifted? The Petitioner or the beneficiary. The Post states: We, Were, Us but I'm sure it was not both of you. So who is asking the question?

Shoplifting is a Misdeameanor and involves "Posible Jail" though not in this case. A Fine of Monetary statute which was paid. The USC would not require a Waiver unless this was a repeated Offense which Is unlikely. However, You did say it should up on the Police reports so I would assume it is reportable.

Your Timeline indicates you have been in this process for sometime now. Why is it now that you are asking a question that happened 3 years ago. Restitution was paid on your part. (fine). I think a Waiver is for More Serious things than one Offense of Shoplifting. (Unless, theres more to the story)

You are very far into the process. If this was3 years ago I'm sure USCIS has an Idea. Be sure and indicate records for your own protection in the future. As you stated: It does show on paper. Don't take no chances.

Just me! Good luck.

[JPKandCAK 0]

Sorry, it was me who shoplifted.. I'm the beneficiary. There was no jail time and i paid the fine on time.

[JPKandCAK 0]

I'm only just asking this cos i didnt even think that the fine would come up on my subject access paper. I was honest when filling in the ds-230 and admitted to the caution but it doesnt ask anything about fines. Grr. I'm not very good at this immigrating business. Just the one caution is on my police certificate. The fine and the caution are both on the subject access. I mean, If i need a waiver then i'll just have to be positive about it and have it ready but i'm hoping i wont need one.

[Canadian in GA 34]

Hey!

I was in the same situation. I did the same thing, and paid a fine. I do not have a criminal record, and never served any time.

I was truthful on my application (I-485) and provided all the paper work showing that the charges were dropped and I do not have a criminal record.

I was approved for my I-131 and work auth. and went for my I-485 interview. at the interview I was approved. the lady said i would get my green card within a month.

2 months later, I got a letter in the mail saying i needed to file a I-601. even though I was never charged, they still wanted me to do it! and i only had 1 month to file it.

I filed Dec 29th, and still waiting.

you should prepare to file, maybe have it all ready and hand it over to them if they request it. but don't bring it up unless they do, but be truthfull with everything

let me know if you need anymore help. pm me or write on here if u need to.

[JPKandCAK 0]

Hey!

I was in the same situation. I did the same thing, and paid a fine. I do not have a criminal record, and never served any time.

I was truthful on my application (I-485) and provided all the paper work showing that the charges were dropped and I do not have a criminal record.

I was approved for my I-131 and work auth. and went for my I-485 interview. at the interview I was approved. the lady said i would get my green card within a month.

2 months later, I got a letter in the mail saying i needed to file a I-601. even though I was never charged, they still wanted me to do it! and i only had 1 month to file it.

I filed Dec 29th, and still waiting.

you should prepare to file, maybe have it all ready and hand it over to them if they request it. but don't bring it up unless they do, but be truthfull with everything

let me know if you need anymore help. pm me or write on here if u need to.

That sucks So i guess we should get a waiver ready for the interview. I hope I dont need one but to be honest i'm guessing i will. I wonder how long that will set us back. I just dunno what will happen about my son cos he cant go without me.

[Canadian in GA 34]

what application are you filling out first? it could take a wile, and yeah it sucks. have you thought about staying in the usa and waiting? say for 6 months which you are allowed to?

p.s I added you to facebook, but it didnt give me an option to write a message that it me! haha, i thought that would be the best way to help you out. "Jen Baker"

[JPKandCAK 0]

We filed for cr-1's. We're at nvc stage. I wouldn't be able to wait 6 month cos i've been using the vwp. I dont think i should have been using it but it didn't cross my mind till my subject access papers came back with a caution and fine on. I think i'll defo need a waiver.. Also, i wondered who it was who added me on fb haha.

[Canadian in GA 34]

yeah its a stressful but well worth it!

anyone else in the cr-1', and at nvc stage? who may need or is filing an I-601?

please chime in!

[Sergi9 110]

Ok so, I've been trying to figure out whether we'll need a waiver or not. Just over 3 years ago i got a fixed penalty fine for shoplifting under £25 and then a caution for shoplifting again I was stupid.. I know. I've been using the vwp and im not even sure if i should have been using it. The caution showed up on my police certificate but not the fine.. The fine did show up on the subject access papers though. I didnt have any jail time or anything like that. We applied for a cr-1 visa for me and my son who is 3 and are currently at the nvc stage. I wanna know what will happen to my sons visa if he gets approved and i dont because if it takes more than 6 months for a waiver to be approved then wont his get cancelled if it isn't activated? I'm so confused and just wondering if people can tell me their experiences and if they needed a waiver or not. Thank you

You have two issues, the CIMT and the Misrepresentation of coming and going on the VWP while not checking the box regarding CIMT.

Be sure to address both in the waiver packet, and get an attorney.

A person commits shoplifting if, while in an establishment in which merchandise is displayed for sale, such person knowingly obtains such goods of another with the intent to deprive him of such goods by:

Removing any of the goods from the immediate display or from any other place within the establishment without paying the purchase price . . .

A.R.S. § 13-1805(a)(1).

While there is no established definition of a crime of moral turpitude, the Board of Immigration Appeals has often found “theft” crimes to be crimes of moral turpitude. See, United States v. Villa-Fabela, 882 F.2d 434, 440 (9th Cir. 1992), overruled in part on other grounds, United States v. Proa-Tovar, 975 F.2d 592 (9th Cir. 1992)(en banc); Chiaramonte v. INS, 626 F.2d 1093, 1097 (2nd Cir. 1980); Morasch v. INS, 363 F.2d 30, 31 (9th Cir. 1966). However, theft universally requires a permanent intent to deprive one of goods. Theft is defined in Black’s Law Dictionary, Sixth Edition, (1990) as “any of the following acts done with the intent to deprive the owner permanently of the possession, use or benefit of his property …” (emphasis added). Black’s Law Dictionary 1477 (6th Edition, 1990). The BIA has also held that only offenses involving taking of goods with the permanent intent to deprive constitute crimes of moral turpitude. Matter of Grazely, 14 I&N Dec. 330, 333 (BIA 1973). Unless Respondent’s records of conviction clearly show that he had the intent to permanently deprive the owners, he did not commit a crime involving moral turpitude.

Under BIA Precedent, Theft Convictions Only Constitute Crimes of Moral Turpitude if the Offense Involves the Intent to Permanently Deprive.

In a consistent line of precedent decisions, and in a recent unpublished decision, the Board has held that in order for a theft conviction to constitute a crime of moral turpitude and a theft offense, it must involve the intent to permanently deprive a person of his or her property. Matter of Grazley, supra at 333; See, Matter of N, 7 I&N Dec. 356 (BIA 1956)(“Moral turpitude exists where there is a taking with intent to permanently deprive the owner of property.”); Matter of T, 3 I&N Dec. 641 (BIA 1949). In Matter of Grazley, the respondent was convicted under the Canadian theft statute, which required the intent to deprive the owner, either temporarily or absolutely.

[JPKandCAK 0]

So even though i was never arrested or convicted i still have to file a waiver? Can someone link me to some waiver examples?

[trojam227 18]

This is a tricky one...I have been researching & trying to decipher the INA code for over 2 yrs now, and I think you just won't know until you interview. I am certainly not a lawyer or expert in inadmissability & waivers, but my suggestion is to be prepared for a denial and I-601. Maybe you should consult with a solicitor since you are getting close to interview time, even if its just to inquire how it will affect your son's visa. Are you a member of immigrate2US.net? some good advice on waivers..I hope you won't need it though. Best of Luck!

[JPKandCAK 0]

This is a tricky one...I have been researching & trying to decipher the INA code for over 2 yrs now, and I think you just won't know until you interview. I am certainly not a lawyer or expert in inadmissability & waivers, but my suggestion is to be prepared for a denial and I-601. Maybe you should consult with a solicitor since you are getting close to interview time, even if its just to inquire how it will affect your son's visa. Are you a member of immigrate2US.net? some good advice on waivers..I hope you won't need it though. Best of Luck!

No I'm not a member of immigrate2us.net but i'll sign up now I've read so many conflicting things about cimt and i just dunno what to expect. We'll defo get a waiver ready though. Someone said laurel scott is a good lawyer so i may do an email consultation with her (i assume she/he's a female haha).

[Sergi9 110]

No I'm not a member of immigrate2us.net but i'll sign up now I've read so many conflicting things about cimt and i just dunno what to expect. We'll defo get a waiver ready though. Someone said laurel scott is a good lawyer so i may do an email consultation with her (i assume she/he's a female haha).

http://photos.state.gov/libraries/unitedkingdom/164203/cons-visa/AmEmbassy_London_visa_webchat11.pdf

You should use Heller he is in UK and has Embassy specific experience and is no where near as expensive as Scott.

[Sergi9 110]

http://www.fongandchun.com/lawyer-attorney-1422915.html