Determining if crime is petty

[EnglishLove 112]

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 February 8, 2019 by Pooley

[EM_Vandaveer 2,368]

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 February 8, 2019 by EM_Vandaveer

[Wuozopo 4,285]

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.

[EnglishLove 112]

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 February 8, 2019 by Pooley

[geowrian 22,335]

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.

[EnglishLove 112]

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. 

[geowrian 22,335]

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.

[Lemonslice 4,553]

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.

[EnglishLove 112]

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!!

[geowrian 22,335]

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).

[EnglishLove 112]

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. 🤷‍♀️

[Lemonslice 4,553]

2 hours ago, Pooley said:

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!!

Was it worth 300 pounds, or did he pay a reduced price because it was stolen? 

[EnglishLove 112]

1 minute ago, Lemonslice said:

Was it worth 300 pounds, or did he pay a reduced price because it was stolen? 

I'm not sure. All I know is it was used and that's the amount that he bought it for.