Exception Criminal Ground - Can someone please explain?

[Amandaa 0]

 

If someone was convicted for a crime involving moral turpitude... very stupid thing and there was the smallest possible penalty given without any prison or imprisonment will the clause II still apply to crime involving moral turpitude or just the clause I ?  there is mentioned the word '' or'' so I do not really understand this. Someone can relate?

 

 

 

(I) a crime involving moral turpitude (other than a purely political offense) or an attempt or conspiracy to commit such a crime, or

(II) a violation of (or a conspiracy or attempt to violate) any law or regulation of a State, the United States, or a foreign country relating to a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)), is inadmissible.

(ii) Exception.-Clause (i)(I) shall not apply to an alien who committed only one crime if-

(I) the crime was committed when the alien was under 18 years of age, and the crime was committed (and the alien released from any confinement to a prison or correctional institution imposed for the crime) more than 5 years before the date of application for a visa or other documentation and the date of application for admission to the United States, or

(II) the maximum penalty possible for the crime of which the alien was convicted (or which the alien admits having committed or of which the acts that the alien admits having committed constituted the essential elements) did not exceed imprisonment for one year and, if the alien was convicted of such crime, the alien was not sentenced to a term of imprisonment in excess of 6 months (regardless of the extent to which the sentence was ultimately executed).

[Villanelle 4,121]

Where exactly did you get the text you cut and paste from? Consequences of convictions for crimes of moral turpitude depend on where in the process you are. Are you trying to adjust status (get a greencard in the US or through a visa from consular process)?  trying to remove conditions? Applying for citizenship? What state is it? What is the final disposition from the court? 

 

Generally speaking the word 'or' means it can be the first thing written or the following thing written. For example you can have an apple or an orange. Another example you can enter this building if you are wearing a hat or are 6 feet tall. 

 

In the text you quoted (which again Im not sure where you found it because that can matter) it talks about being inadmissible- which typically refers to getting a greencard- you need to be admissible to get a greencard. So  it basically says you are inadmissible if you 1 commit a crime of moral turpitude OR 2 have a controlled substance offense. If its #1 and not controlled substances then theres exceptions if you were under 18 or if you are over 18 then  the max penalty for the crime did not exceed prison of 1 yr (doesnt matter how long your sentence was for this part, just that the max sentence available for them to impose was not over 1yr) and then your actual sentence was not over 6 months (doesnt matter if you served less- meaning you were given 8 months but let out early at 5 months- that wouldnt qualify, they look at the fact you were given 8 months which is more then 6). But again its better if you can just post exactly whats going on to be sure that you are looking at the correct statutes and policy law. 

 

 

[Amandaa 0]

Thank you so much for the answer. 
i took it from the US government page.

I got a penalty just paid 250 euro  and was covicted for fraud. When I was younger I was then 25 years old and I am 28 now. I changed a price label (70euro difference) for shoes and was caught.

i am a spouse of us citizen and I am abroad waiting for the I130 approval. 
i dont know what steps should I do next. Will it be an waiver for me?  Or am I inadmissable?
 

1 hour ago, Villanelle said:

Where exactly did you get the text you cut and paste from? Consequences of convictions for crimes of moral turpitude depend on where in the process you are. Are you trying to adjust status (get a greencard in the US or through a visa from consular process)?  trying to remove conditions? Applying for citizenship? What state is it? What is the final disposition from the court? 

 

Generally speaking the word 'or' means it can be the first thing written or the following thing written. For example you can have an apple or an orange. Another example you can enter this building if you are wearing a hat or are 6 feet tall. 

 

In the text you quoted (which again Im not sure where you found it because that can matter) it talks about being inadmissible- which typically refers to getting a greencard- you need to be admissible to get a greencard. So  it basically says you are inadmissible if you 1 commit a crime of moral turpitude OR 2 have a controlled substance offense. If its #1 and not controlled substances then theres exceptions if you were under 18 or if you are over 18 then  the max penalty for the crime did not exceed prison of 1 yr (doesnt matter how long your sentence was for this part, just that the max sentence available for them to impose was not over 1yr) and then your actual sentence was not over 6 months (doesnt matter if you served less- meaning you were given 8 months but let out early at 5 months- that wouldnt qualify, they look at the fact you were given 8 months which is more then 6). But again its better if you can just post exactly whats going on to be sure that you are looking at the correct statutes and policy law.