Petty crime exception

[Canadian in GA 34]

Hey everyone!

anyone have any advise on the Petty crime exception? i have been requested to file a I-601, but i have been reading up on the petty crime exception, and i believe i fall into this category.

does anyone have knowledge on how i can see if i can do this? i don't think there is a form, but I do have an appointment to talk to the USCIS office on the 8th, maybe i can bring all my evidence, and talk to them there? ( i booked this appointment as my green card was taking so long, but i got the i-601 instead, but ive kept the appointment)

will it do any good? or should i just forget about it and file my i-601?

thanks!

[HeatDeath 430]

I would keep the appointment, and ask them about it. It don't think it could hurt anything.

But once your case gets to the point where you are filing an I-601, most people here would recommend getting a good immigration lawyer. I know we say that most normal cases don't normally need a lawyer, but cases that need an I-601 are no longer normal. That I-601 represents careful argumentation and advocation of your position, just as if this were a courtroom situation. You want it prepared by someone who is intimately familiar with what they are doing.

Because US immigration is defined by US federal law, it is the same over the entire US. Make sure you get the best lawyer you can find and afford. Don't worry about whether they are local to you. Believe me, the long distance phone fees will be the least of your concerns. Better to get a good lawyer a few states away than a total n00b who happens to be local.

An immigration discussion forum that has much more detailed information on I-601 preparation than we do is immigrate2us.net. If you haven't already, you should probably spend several hours digging through their archives for anything even tangentially related to your situation.

Edited November 27, 2010 by HeatDeath

[Canadian in GA 34]

thank you for the repy, do you know or heard of anyone doing the petty crime exception? andhow do they go by applying this?

[spookyturtle 9,465]

I sent you a pm.

[DaveyOntario 1]

thank you for the repy, do you know or heard of anyone doing the petty crime exception? andhow do they go by applying this?

Jen, there are a few of us Canadians dealing with the same issue as you. Seems to be something about the MTL Consulate patterns. PM me if you like.

Davey

[Used to be broken 143]

I would keep the appointment, and ask them about it. It don't think it could hurt anything.

But once your case gets to the point where you are filing an I-601, most people here would recommend getting a good immigration lawyer. I know we say that most normal cases don't normally need a lawyer, but cases that need an I-601 are no longer normal. That I-601 represents careful argumentation and advocation of your position, just as if this were a courtroom situation. You want it prepared by someone who is intimately familiar with what they are doing.

Because US immigration is defined by US federal law, it is the same over the entire US. Make sure you get the best lawyer you can find and afford. Don't worry about whether they are local to you. Believe me, the long distance phone fees will be the least of your concerns. Better to get a good lawyer a few states away than a total n00b who happens to be local.

An immigration discussion forum that has much more detailed information on I-601 preparation than we do is immigrate2us.net. If you haven't already, you should probably spend several hours digging through their archives for anything even tangentially related to your situation.

Ditto on the attorney, not sure about the appointment, anytime you are speaking to consular or USCIS its on record. Call Carl Shusterman if he doesn't deal with this he knows who to refer you to.

[Used to be broken 143]

Jen, there are a few of us Canadians dealing with the same issue as you. Seems to be something about the MTL Consulate patterns. PM me if you like.

Davey

Davey,

they are not dealing with the MTL Consulate, they are dealing with USCIS stateside on an AOS application. Same case law applies if the Petty Theft exception is in play here, but bad news is the same standard for the I601 also applies which is meeting the "extreme hardship" standard. Very difficult when dealing with Canada as the alternate country.

"It is important to prove both why the

qualifying relative cannot move abroad

AND why the qualifying relative cannot

simply live in the US without the alien. It is

not enough to say that the qualifying relative

will miss the alien’s company as this is

considered “normal” hardship, not extreme

hardship. "

Again folks here is a good overview of the Extreme Hardship Process

http://www.scottimmigration.net/I601Memo.pdf

Edited November 28, 2010 by brokenfamily

[Used to be broken 143]

Hey everyone!

anyone have any advise on the Petty crime exception? i have been requested to file a I-601, but i have been reading up on the petty crime exception, and i believe i fall into this category.

does anyone have knowledge on how i can see if i can do this? i don't think there is a form, but I do have an appointment to talk to the USCIS office on the 8th, maybe i can bring all my evidence, and talk to them there? ( i booked this appointment as my green card was taking so long, but i got the i-601 instead, but ive kept the appointment)

will it do any good? or should i just forget about it and file my i-601?

thanks!

Here is an attorney discussing it:

Whether you qualify for a green card really depends on whether your incident and conviction qualifies under the petty offense exception.

Petty theft is generally considered a crime involving moral turpitude and one that would render someone inadmissible to the U.S. There is an exception though if it is your only conviction for a crime involving moral turpitude and if you served less than six months in jail and if the maximum penalty for the conviction was one year or less. See INA § 212(a)(2)(A)(ii)(II). The petty offense exception applies if:

(1) Commission of only one crime involving moral turpitude, at any time

(2) You were not sentenced to a term of imprisonment in excess of six months and

(3) The conviction carries a maximum possible sentence of one year or less

Regards,

Andrew M. Wilson, Esq.

Serotte Reich Wilson, LLP

www.srwlawyers.com

Edited November 28, 2010 by brokenfamily

[Used to be broken 143]

Here is a couple BIA decisions on Petty Theft Exception;

http://www.nilc.org/immlawpolicy/removcrim/removcrim081.htm

[Canadian in GA 34]

Here is a couple BIA decisions on Petty Theft Exception;

http://www.nilc.org/immlawpolicy/removcrim/removcrim081.htm

thank you for the information, I am trying to finr out HOW, i can go by asking for this exception? i believe i fall into this catagory, and I need to find out how i can ask for it, or apply-or anything!!! thanks.

[HeatDeath 430]

I think [can anyone corroborate?] that you just make a formal request for the waiver in your AOS packet cover letter, and include the I-601 and all necessary accompanying documentation along with the normal AOS packet forms and documentation.

But the I-601 form itself, and the accompanying documentation, that is what should be prepared by a lawyer with significant experience with this stuff.

As for your InfoPass appointment, it might be worth getting a 30 minute consultation with an immigration lawyer to find out if talking to USCIS about your case, in the absence of counsel, is a good idea.

Edited November 28, 2010 by HeatDeath

[canadian_wife 1,791]

Laurel Scott at scottimmigration.net offers free immigration chats on Wednesdays, perhaps you can ask your question there. She specializes in cases like yours

Good luck

[Used to be broken 143]

thank you for the information, I am trying to finr out HOW, i can go by asking for this exception? i believe i fall into this catagory, and I need to find out how i can ask for it, or apply-or anything!!! thanks.

Here is the problem, if they handed you the I601 and told you that is what you need, they already decided it doesn't meet the exception rules. That is why you need an attorney if they erred then the attorney can get advisory opinion and get the error fixed. If you still need the I601 the attorney can tell you how to proceed. Like the previous poster said, it may not be a good idea to approach USCIS without a counsel with attorney. keep in mind if you do not prevail on this and its you and your spouse fighting the formidable US Government and all their attorneys, it means you get a deportation notice, not something to do it yourself kit on.

laurel scott does handle this stuff, but waiting for a free chat session to be told you need a full consult and a attorney to represent you is just wasting time, we have already determined that. Get a lawyer, I don't want your next post to be, "I got kicked out of the country what do I do now?"

[Canadian in GA 34]

Its just this its simple I can not afford 7000-8000 on a lawyer, if I could I would, so I am hoping of some support on getting it throuh on my own, any help?

[HeatDeath 430]

You can try to talk a lawyer into working "pro bono" [the legal profession, as a community, expects lawyers, as working professionals, to devote a certain percentage of their working hours to working cases for free]. Catholic Charities is an organization that can put you in touch with immigration lawyers willing to take pro bono clients. I'm virtually certain you don't have to be Catholic.

Alternatively, you could try to do most of the leg-work yourself and just drop a few hundred dollars here and there, as you can afford it, on short consultations, to get answers to issues that come up and occasional guidance.