Incorrect information given on Refusal Worksheet that we received at Interview?

[kkramps79 0]

So I just now took a close look at the paper the Consular Officer gave us at my husbands interview yesterday. My hubby needs a waiver for criminal inadmissibility.

On the paperwork the officer checked the right box but the typed in explanation is incorrect. He typed in that my husband has 2 counts of auto theft. That is not what his charges are (well actually I guess technically 1 is so thats fine) but the other was theft of gasoline.

I assume he just made a mistake while typing it out but will that effect us in anyway? When we go to apply for the waiver and we have to put in his own words on the application why he was denied and he puts in something different will that cause a problem?

I emailed Montreal to see if we could have it corrected but they tend to be painfully slow in responding.

Do you think that paper is JUST for our reference and it won't matter or is this something I should have them correct ASAP?

[canadian_wife 1,791]

Well, in terms of moral turpitude, theft includes anything when it involves the intent for permenant taking. It does not decipher between a car and gas.

So... I guess to you does it matter? I doubt it will matter for your waiver, but I would explain (and not give excuses as you seem to be doing regarding the theft vs joyriding) in your waiver

Good luck

[kkramps79 0]

just on a side note, not making any excuses, it was a joyride it is clearly stated in the court documents as that. But the charge was theft. I'm not disputing that. When bothers me is in the report the interviewer gave us it says 2 counts of auto theft. That is not the case. Had he put 2 counts of theft I would be OK with that, had he said 1 count of auto theft and theft of gasoline, I would be OK with that too. I just dont like the fact that it says 2 counts of auto theft when that is not what the charges were, like I said I know it was just a mistake in typing on his part. And as long as that report is only for our reference then it is fine. I just dont want husband to explain his charges in the application and then have whoever reviews waivers come back and say thats not what the interviewer said.

[canadian_wife 1,791]

Then start bugging Montreal. They are slow to begin with but the longer you delay your I601 waiver the long this whole process is going to take.

Remember, it is important to show that your husband has rehabilitated, espeically with 2 counts, not excuse his behaviour. It will also be important to show why you cannot live in Canada, also difficult to do since you've been living there for 2 years.

You have a lawyer correct?

Good luck

[kkramps79 0]

We do not have a lawyer, but I am returning to Minnesota here in the next 2 weeks. I do have signifigant hardship arguments so I know his approval will not be an issue when it comes to that and even the interviewer said with just his 2 convictions that were summary convictions from 11 and 12 years ago we should be fine. I will just keep bugging Montreal to have them corerct things before we file. We cant file right away anyway because of the costs

[canadian_wife 1,791]

Well if you are in no rush to file then keep bugging them, maybe call DOS as well and bug them (or see if it is a big deal as to the wording of his convictions)

Good luck

[Ontarkie 13,915]

Yes the wording is very important, auto theft is not considered a summery offence and having 2 charges of auto theft changes a lot.

Your husband has his court record showing it as theft under 5000 for both charges and that makes it a summery offence for both charges.

That could be a typo or the CO could of got confused by the papers you got saying it was joy riding making him think car theft. You need to get that cleared up because that would be an indictable offence that's a big difference from summery offense.

I think you may need a quick consult with a lawyer.

[kkramps79 0]

Thank you Ontarkie! Yeah I think he may have just gotten confused while he was typing up stuff. Because the interviewer even told us he didnt think we would have any problem getting a waiver with just the 2 summary offences. On my husbands police check and on the court records it is very clear he was charged with Theft Under $5000, summary offence.

I will just keep on bugging Montreal (wonder if we can just walk back up there or if they would turn us away).

[Ontarkie 13,915]

If you haven't gotten any copies of his court records make sure get at least 3 more certified copies. He will need them later down the road for ROC or Citizenship, they never look at the ones they already have.