Need Information Please FAST

[zyggy 9]

He may qualify for PETTY OFFENCE EXCEPTION. Read about classes of inadmissible alliens, there is one exception.

(A) Conviction of certain crimes.-

(i) In general.-Except as provided in clause (ii), any alien convicted of, or who admits having committed, or who admits committing acts which constitute the essential elements of-

(I) a crime involving moral turpitude (other than a purely political offense or an attempt or conspiracy to commit such a crime), or

(II) a violation of (or a conspiracy or attempt to violate) any law or regulation of a State, the United States, or a foreign country relating to a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)), is inadmissible.

Exception.-Clause (i)(I) shall not apply to an alien who committed only one crime if-[/color](I) the crime was committed when the alien was under 18 years of age, and the crime was committed (and the alien released from any confinement to a prison or correctional institution imposed for the crime) more than 5 years before the date of application for a visa or other documentation and the date of application for admission to the United States, or

(II) the maximum penalty possible for the crime of which the alien was convicted (or which the alien admits having committed or of which the acts that the alien admits having committed constituted the essential elements) did not exceed imprisonment for one year and, if the alien was convicted of such crime, the alien was not sentenced to a term of imprisonment in excess of 6 months (regardless of the extent to which the sentence was ultimately executed).

The rules are based on US law and what the punishment for the crime would be in the US... Theft of more than $1000 would result in maximum prison time of more than a year... Petty theft is generally less than about $500 or so... So IMO, I don't think your exceptions would apply... For instance, theft of more than $200 but less than $1,000 in Michigan carries a maximum penalty of 5 years imprisonment. Theft between $1,000 and $20,000 carries a maximum penalty of 10 years imprisonment.

The OP should anticipate that a waiver will be required and prepare herself accordingly. The good news is that there is a very good chance that the waiver will be approved... I suggest that the OP needs to channel her energies to creating a sucessful waiver package and less to attacking members here who are only telling her the way it is...

Sorry, but the world isn't fair and you won't always be told what you want to hear...

Edited May 12, 2006 by zyggy

[rebeccajo 14]

The OP should anticipate that a waiver will be required and prepare herself accordingly. The good news is that there is a very good chance that the waiver will be approved... I suggest that the OP needs to channel her energies to creating a sucessful waiver package and less to attacking members here who are only telling her the way it is...

Sorry, but the world isn't fair and you won't always be told what you want to hear...

Well, you can lead a horse to water, but you can't make it drink. We all tried.

[munchkins 0]

He may qualify for PETTY OFFENCE EXCEPTION. Read about classes of inadmissible alliens, there is one exception.

(A) Conviction of certain crimes.-

(i) In general.-Except as provided in clause (ii), any alien convicted of, or who admits having committed, or who admits committing acts which constitute the essential elements of-

(I) a crime involving moral turpitude (other than a purely political offense or an attempt or conspiracy to commit such a crime), or

(II) a violation of (or a conspiracy or attempt to violate) any law or regulation of a State, the United States, or a foreign country relating to a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)), is inadmissible.

Exception.-Clause (i)(I) shall not apply to an alien who committed only one crime if-[/color](I) the crime was committed when the alien was under 18 years of age, and the crime was committed (and the alien released from any confinement to a prison or correctional institution imposed for the crime) more than 5 years before the date of application for a visa or other documentation and the date of application for admission to the United States, or

(II) the maximum penalty possible for the crime of which the alien was convicted (or which the alien admits having committed or of which the acts that the alien admits having committed constituted the essential elements) did not exceed imprisonment for one year and, if the alien was convicted of such crime, the alien was not sentenced to a term of imprisonment in excess of 6 months (regardless of the extent to which the sentence - End quote

Angie

I am not going to get in a slanging match here but would like to point out in response to Julie's answer, the beneficiary was not a minor when he committed the offence and I do not think the theft of £1000 is considered to be petty.

angie you have been given good advice here, especially from Becca, remember she has been there and done it and now gives her time to helping others go through this process and I for one think that should be respected.

Instead of wasting valuable time in insulting, in a very crude manner I might add, people who are trying to help you, why do you not check out the waiver thread or immigrate2us and get your waiver together. At the end of the day it is better to be safe than sorry, If your partner finds at the interview he is not asked to file a waiver, brilliant, if he is, he should have it all to hand ready to hand over and then let the process take it's course. Because Angie, if he has to file one, there is not a damn thing you can do about it but do as they say

Edited May 12, 2006 by munchkins

[meddykomp 0]

I agree. I think I would prefer to spend some time preparing forms I don't need than need forms that I do not have.

[KarenCee 3]

For whatever its worth, when I'm at work my posts are often short as I don't have the time to do a thesis. If they seem abrupt or short, then I apologize for that.

As Tracy said, filing a waiver doesn't mean the end of the line.

You asked for links and I told you where to go. And you asked if he could use the VWP and I told you no. Funny I thought I was answering your question. Oh well, my bad.

And everybody here already knows I'm the queen. Sorry if it was a revelation for you.

*bows to the Queen* Lady Karen, at your service Your Majesty

[iceyspots 0]

Madame of the Throne