Section 266 CCC tried summarily

[Kerri1972 3]

Hi. I came to the USA on a K1 visa. At my interview in Montreal the officer asked me about a 2011 section 266 assault charge that was tried summarily. I received 9 months of probation for it and a conditional discharge. She confirmed I was eligible for the visa and it was granted.  

I recently had my AOS Interview and the officer there wasn't so sure that it's no a CIMT. So I was given an RFE .I have to provide the exact criminal code and the punishment involved. My question here is have any other Canadians had this issue ? It's stressing me out so bad 

Thanks 

 

 

[Cryssiekins 976]

I have the reverse situation, I suppose, having to get permission for the USC to enter Canada with a misdemeanor charge.  

 

I’m thinking the process would be quite similar?  Here’s what we did:

 

1.) Look up the charge in both countries so

they can see what each entails and dispositions for it, to make sure they are similar. (Literally print the relevant sections)

 

2.) Contact the court and ask for a copy of everything related to the charge and sentence.  There may be a charge for this, but it should be like an actual record that has date of arrest, court date(s), charges and reductions, and the ultimate disposition.

 

3.) Proof that you completed conditions of the discharge.

 

Good luck!!

[Kerri1972 3]

From what I've researched this charge is not an inadmissable one regarding visiting the USA but can't find any real laws regarding immigrating. I do have all the other information but don't know what charge it would be similar to in the states.

[Cryssiekins 976]

2 hours ago, Kerri1972 said:

From what I've researched this charge is not an inadmissable one regarding visiting the USA but can't find any real laws regarding immigrating. I do have all the other information but don't know what charge it would be similar to in the states.

Check a website like justia or even a google search for the stage and federal penal code.  

 

In our case, the charge was more severe in the US than what it would have been in Canada.

 

Also check with the bar associations in your county and state, as they will have a referral program and some attorneys will offer a free consultation and may be a good way to ensure you find the equivalent charge stateside.  Even if you have to pay a nominal fee for their assistance - it should be quick on their end, and give you some peace of mind.

[geowrian 22,335]

* Moved from Waivers to Canada regional forum as the specific criminal charge relates to the Canadian criminal system *

[Smashy 155]

On 12/26/2018 at 5:24 PM, Kerri1972 said:

From what I've researched this charge is not an inadmissable one regarding visiting the USA but can't find any real laws regarding immigrating. I do have all the other information but don't know what charge it would be similar to in the states.

This might help you do more research: https://www.uscis.gov/ilink/docView/SLB/HTML/SLB/act.html

[Kerri1972 3]

In case anyone has this same issue. It turned out fine and is not an inadmissible charge.