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Posted

Hello everyone! I have a question that has yet to be answered by searching the forums and posting this in another thread. Here is the situation.

-I attended school in the U.S on an F-1 visa from 2002-2008. In 2002 while in the U.S. on a visa without immigrant intent I was arrested and pled guilty to a Minor in Possession of Alcohol, I was 18 at the time and I am definitely not proud of it! Please no judgements, just factual information.

- Appeared in court and was sentenced to a $225 fine. Never looked back on it until now. In fact I was never questioned about it at the U.S or Canadian border until I moved back to Canada, only questioned about it at the U.S. border while continuing visits my fiance who is in the U.S. Every time they asked me about it I answered honestly and most of the time the border guards laughed about it.

- Most of what I have found on VJ and elsewhere points to this offense not being a CMTP

My question is: Is this considered a crime of moral turpitude? And will I need a waiver?

The clinic in Vancouver that will be doing the medical exam has this question listed on their instructions, and I am also wondering if the "different procedure" may affect me even though the offense was not a felony and did not have to do with (controlled substance)drug possession or traffiking? What is the different procedure? I am waiting response from the clinic to see what is meant by this as well.

10. If you’ve been convicted of an offense (including DUI), please let us know when booking your

appointment. A different procedure is required. Informing us can save you a time & expense.

What type of offense are they talking about? I am assuming it has to do with questions related to the DS-230 about drug trafficking violations and crimes of moral turpitude? Can anyone share some insight to this?

Thank you in advance.

AOS

Sent- 10-21-09

Tracking says Delivered by USPS-10-23-09

Check cashed-10-30-09 (MSC case # on back)

NOA 1 date-10-29-09 (Received Date 10-23-09)

Hard copy NOA - 11-02-09

Touch- 11-03-09

Received bio appt letter-11-07-09(dated 11-03-09)

Bio appt- 11-19-09

Transfer to CSC-11-18-09

Touch on 485/765- 11-19-09

Touch on 485/765- 11-20-09

Hard copy of transfer to CSC- 11-23-09

Touch on 485- 11-24-09 (now processing @ CSC email)

Touch on 485- 11-25-09

Touch on 485- 11-27-09

Touch on 485- 11-30-09

Touch on 485- 12-01-09

Touch on 485- 12-02-09

Touch on 485- 12-03-09

EAD/AP approved-12-18-09

EAD/AP touch- 12-21-09

GC APPROVED!!- 12-21-09

Notice mailed welcoming PR-12-21-09

2nd Card Production ordered email-12-22-09

Approval notice sent-12-28-09

GC arrived in the mail-01-05-10

Done with USCIS until September 14, 2011!!

ROC

Sent: 09-14-11

Received: 09-16-11

Check cashed: 09-21-11

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Posted

They probably would do more tests to look for drugs or other abused substances.

Your were charged, and convicted of an offense - so answer the question with the information you provided above.

It does not fall under the moral turpitude definition.

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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