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Pooley

Determining if crime is petty

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Hello all,

 I know I've posted on this but I'm having a lot of trouble finding out what category my fiance's juvenile charge and caution are considered. His juvenile charge is Having a knife in public. (He was a party cutting pizza and ran outside when he heard screaming and fighting. He wasn't involved and didn't touch anyone. Just hand it in his hand when cops arrived). He received no jail time or fines but did get 9 months probation where he had to do community service. The caution was for Handling Stolen goods (receiving), which I know is considered a CIMT crime however, I can't figure out how to tell if it's considered petty or not, which I've been asked a few times if it was when asking for advice. He bought a dirt bike for 300 pound and it was reported stolen. He told the officer he had no idea that it was but was cautioned because he admitted that he did buy it. If anyone has any knowledge of what classifies as petty other than the maximum penalty carrying a year. We don't have cautions in the US so trying to determine that without having all the paperwork is confusing.

 

Also.. do you fill out the I-160 before the interview or after?

Thank you!

Edited by Pooley

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Petty crime exception is for cases with only ONE conviction. Given that he has two cautions (treated as convictions by US immigration law) it most likely wouldn't apply anyway.

Edited by EM_Vandaveer

Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

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7 minutes ago, Pooley said:

Also.. do you fill out the I-160 before the interview or after?

 

The DS-160 is the application for the visa. You can't interview for a visa until you first apply for a visa.

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1 minute ago, Wuozopo said:

 

The DS-160 is the application for the visa. You can't interview for a visa until you first apply for a visa.

Oh Okay. Thank you! I'm guessing I need to wait until I receive my NOA2?

Edited by Pooley

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Only 1 offense can qualify for the petty offense exception.

I'm not sure if the knife offense would qualify as a CIMT, though. The CO will make that call.

 

https://www.nolo.com/legal-encyclopedia/when-the-petty-offense-exception-excuses-crime-moral-turpitude.html

"A crime involving moral turpitude is considered a “petty offense” if:

  • the maximum penalty that you could have received for committing the offense is exactly one year or less, AND
  • you personally were sentenced to no more than six months imprisonment, regardless of the amount of time you actually served. "

Bolding is my emphasis. For that criteria, the crime must have had a maximum sentence of 1 year or less, regardless of the sentence actually received.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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16 minutes ago, geowrian said:

Only 1 offense can qualify for the petty offense exception.

I'm not sure if the knife offense would qualify as a CIMT, though. The CO will make that call.

 

https://www.nolo.com/legal-encyclopedia/when-the-petty-offense-exception-excuses-crime-moral-turpitude.html

"A crime involving moral turpitude is considered a “petty offense” if:

  • the maximum penalty that you could have received for committing the offense is exactly one year or less, AND
  • you personally were sentenced to no more than six months imprisonment, regardless of the amount of time you actually served. "

Bolding is my emphasis. For that criteria, the crime must have had a maximum sentence of 1 year or less, regardless of the sentence actually received.

Yes, that's the only information I've been able to find as well. But he was never charged, just cautioned because he said he had no idea it was reported as stolen. So how do I know what the maximum penalty would be? And also, he served no jail time or fines as he was only cautioned. 

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1 minute ago, Pooley said:

Yes, that's the only information I've been able to find as well. But he was never charged, just cautioned because he said he had no idea it was reported as stolen. So how do I know what the maximum penalty would be? And also, he served no jail time or fines as he was only cautioned. 

You would need to look up the specific offense (as of the date it occurred) to determine the maximum penalty.

Caution = conviction as far as US immigration is concerned.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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26 minutes ago, Pooley said:

Yes, that's the only information I've been able to find as well. But he was never charged, just cautioned because he said he had no idea it was reported as stolen. So how do I know what the maximum penalty would be? And also, he served no jail time or fines as he was only cautioned

Had he been convicted, what would have been the maximum sentence, that's what you need to find out. Caution=conviction.

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16 minutes ago, Lemonslice said:

Had he been convicted, what would have been the maximum sentence, that's what you need to find out. Caution=conviction.

Ohh okay. Even that is a bit tricky to find out. It was a used dirt bike for 300 pound. I guess I'll do more digging. Thank you!!

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Yeah, make sure you get the exact statute that his offense fell under. I tried a quick search regarding "Handling Stolen Goods" and it's sounding like the Theft Act defines a maximum sentence far in excess of 1 year (although guidelines make actual sentences sought far less).


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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1 minute ago, geowrian said:

Yeah, make sure you get the exact statute that his offense fell under. I tried a quick search regarding "Handling Stolen Goods" and it's sounding like the Theft Act defines a maximum sentence far in excess of 1 year (although guidelines make actual sentences sought far less).

Yes, I've looked it up and there's so many little guidelines of the worth, the damage, etc. to determine the maximum sentence. Which is why I'm having trouble figuring it out. I know if wasn't above a 1000 pound. And the Police Certificate and the SAR state the same thing so I really have no way of knowing. 🤷‍♀️

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