I-601 and INA Act Section 212

[ecusa2011 0]

Hi anyone please I need an explanation on exclusions under Section 212 (a) (2) (i) (1) of Immigration and Nationality Act, which specifies that if the alien is not sentenced to imprisonment for a criminal offense for a period more than 6 months he/she is exempt from this law which makes the alien inadmissible for a visa or green card. I am the U.S. citizen and my husband is the beneficiary. He had his interview last week and I was there with him during his interview. The U.S. consulate only asked four questions about our relatioship then we were told that the petition cannot be approved because my husband is considered inadmissible to received an immigrant visa under the above mentioned Immigration Act. However, they said he may apply for a waiver(I-601)My husband was sentenced by the Crown Court in England a few years ago to serve 7 days in jail or to pay a £200 fine for a violation he committed, which is considered a crime of moral turpitude. My husband paid the £200 fine. He never served any time in jail. My question is: Should he have been excluded from the above Immigration Act since he never served any time in prison and was only required to pay a fine? Please any help will be greatly apreciated

[cyclotheme 0]

What exactly were the charges? That will help people to explain.

[Sergi9 110]

Hi anyone please I need an explanation on exclusions under Section 212 (a) (2) (i) (1) of Immigration and Nationality Act, which specifies that if the alien is not sentenced to imprisonment for a criminal offense for a period more than 6 months he/she is exempt from this law which makes the alien inadmissible for a visa or green card. I am the U.S. citizen and my husband is the beneficiary. He had his interview last week and I was there with him during his interview. The U.S. consulate only asked four questions about our relatioship then we were told that the petition cannot be approved because my husband is considered inadmissible to received an immigrant visa under the above mentioned Immigration Act. However, they said he may apply for a waiver(I-601)My husband was sentenced by the Crown Court in England a few years ago to serve 7 days in jail or to pay a £200 fine for a violation he committed, which is considered a crime of moral turpitude. My husband paid the £200 fine. He never served any time in jail. My question is: Should he have been excluded from the above Immigration Act since he never served any time in prison and was only required to pay a fine? Please any help will be greatly apreciated

Short answer YES if its a CIMT. Depending on the circumstances of the actual crime it could be something your attorney can look into for you. Steven Heller is there in UK might be worth a phone call and a consult which is quite affordable. He actually was an adjudicator at USCIS London some time ago.

[ecusa2011 0]

What exactly were the charges? That will help people to explain.

The charges were:

(1) Possession of false identity documents.

(a)an identity document that is false and that he knows or believes to be false;

(b)an identity document that was improperly obtained and that he knows or believes to have been improperly obtained; or

©an identity document that relates to someone else.

He was accused under the Identity Cards Act of 2006 Section 25(1)

[ecusa2011 0]

Short answer YES if its a CIMT. Depending on the circumstances of the actual crime it could be something your attorney can look into for you. Steven Heller is there in UK might be worth a phone call and a consult which is quite affordable. He actually was an adjudicator at USCIS London some time ago.

Thank you for that information.