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Can my dad still visit me? (B2 question)

By otter~ in Tourist Visas

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otter~ Collaborator

otter~   17

Posted
Filed: AOS (pnd) Country: United Kingdom
 Timeline
Posted

Hi guys. Was wondering if you could give me some advice

My family want to visit me here in the US, everyone should be eligible for the VWP, apart from my dad, I think

He has a shoplifting charge from 33 years ago, but he said he was given a conditional discharge for it. He had a police caution a few years ago (a shopkeeper was being extremely rude to my brother, my dad defended him and the guy called the police because of the argument) and also was taken to court over a disagreement with a work colleague who accused him of theft but was not guilty.

Supposedly shoplifting counts as one of the crimes to make someone ineligble for VWP...so does that mean he needs a B2? Will he still be allowed to visit me and my husband?

His brother had to get a B2 a few years ago because he also had previous charges and was issued a B2. So I am hoping it will be the same for my dad. I really miss him and am hoping he will be able to visit me here and that mistakes made over 30 years ago won't stop that :(

k1 journey <3 -

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K1 journey over! Next stop AOS! married! :D

AOS <3

-23rd may 2014 send paperwork with USPS

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Boiler Grand Master

Boiler   45,673

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

Sounds like a CIMT and needs a B2 with waiver.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

otter~ Collaborator

otter~   17

Posted
Filed: AOS (pnd) Country: United Kingdom
 Timeline
  • Author
Posted

Sounds like a CIMT and needs a B2 with waiver.

Thanks guys! Glad to know that there is still a chance with the B2

Also is a waiver something he would need to file separately or?

k1 journey <3 -

-30th oct 2013: sent I-129f package

-1st nov 2013: package arrived at lockbox

-6th nov 2013: received noa1 email/text

-8th nov 2013: alien registration number changed

-15th nov 2013: noa1 hard copy arrived

-19th nov 2013: noa2!!!!

-17th dec 2013: nvc receive

-23rd dec 2013: consulate receive

-15th jan 2014: medical done

-3rd feb 2014: found out interview date via email

-7th feb 2014: received interview letter

-14th feb 2014: interview APPROVED!!!!!! <3

-22nd feb 2014: visa in hand

-26th feb 2014: POE New York JFK

-26th feb 2014: together <333

K1 journey over! Next stop AOS! married! :D

AOS <3

-23rd may 2014 send paperwork with USPS

-26th may 2014 usps says delivered!

-2nd june 2014: NOA1 texts received

-4th june 2014: biometrics letter receive

-26th june 2014: biometrics appointment

-6th august 2014: EAD card production ordered!!!!

otter~ Collaborator

otter~   17

Posted
Filed: AOS (pnd) Country: United Kingdom
 Timeline
  • Author
Posted

unless he stole something worth a couple of grand or more, mere shoplifting is not considered a CIMT (but multiple charges of shoplifting might be).

He says he was 22 at the time and it was nothing big at all, just something silly that he did with friends as a young adult. I just know that there is a question regarding this on the VWP so I wasn't sure whether to tell him to try for a VWP (but he could get turned away at the POE for having a record) or to just go for a B2

k1 journey <3 -

-30th oct 2013: sent I-129f package

-1st nov 2013: package arrived at lockbox

-6th nov 2013: received noa1 email/text

-8th nov 2013: alien registration number changed

-15th nov 2013: noa1 hard copy arrived

-19th nov 2013: noa2!!!!

-17th dec 2013: nvc receive

-23rd dec 2013: consulate receive

-15th jan 2014: medical done

-3rd feb 2014: found out interview date via email

-7th feb 2014: received interview letter

-14th feb 2014: interview APPROVED!!!!!! <3

-22nd feb 2014: visa in hand

-26th feb 2014: POE New York JFK

-26th feb 2014: together <333

K1 journey over! Next stop AOS! married! :D

AOS <3

-23rd may 2014 send paperwork with USPS

-26th may 2014 usps says delivered!

-2nd june 2014: NOA1 texts received

-4th june 2014: biometrics letter receive

-26th june 2014: biometrics appointment

-6th august 2014: EAD card production ordered!!!!

Boiler Grand Master

Boiler   45,673

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

http://www.murthy.com/2013/11/29/beware-serious-immigration-consequences-of-shoplifting/

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

 
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