PennyDoe

In case anyone finds themselves in this situation, I figured I’d provide an update of what happened. I was refused my Visa at my interview on May 20th and told to get a waiver for the criminal charge. I was pretty confident that they made an error in their decision for two reasons 1. I was never actually convicted of a crime according to immigration law (absolute discharges are technically not convictions), and 2. Even if I was viewed as being convicted, it fell under the petty offence exception. I secured an excellent attorney a few days after the interview, he agreed with what I thought and was confident they had made an error. He contacted both the Consul General and Legalnet. The consulate responded after about a week and requested more court records. After a few weeks they then requested my passport to issue the visa. All in all, it took about 2 months and my attorney emailing or calling the consulate almost every other day, but they ultimately reversed their decision and issued me my Visa.

How recently was he conditionally approved for the Nexus? Was it before or after his consular interview? I have held a NEXUS for over 5 years and received notice only 3 days after my interview that my nexus pass was revoked, I assume due to "inadmissibility to the US". Funny how quick these govt departments can move when they deem it important enough. So you're probably right, he'd likely be denied and my guess is that CBP (who issues the nexus) is already aware of his inadmissibility standing without him even bringing it up.

My attorney just said he’s had success with the fact that I have established care with an OB in the US already and I have documented evidence of Canadian OB’s in my area saying they can’t take me on this late as a patient for my due date because their practice is full already. Most people establish prenatal care before 12 weeks, So I’m too far along to get regular care at this point and would likely not see a doctor until I go into labor and go to the emergency room (unless I continue seeing my OB in the US).

I know what you mean about expensive shoes, that’s how I’m feeling about the pair of jeans in my situation. never thought I’d be spending upwards of 10 grand on them 😅 I did read about your situation and see you’re expecting. I’m also expecting, which adds another layer of stress. Did your attorney ever contact the Department of State? Or speak with the consular manager? Our attorney said he doesn’t even bother waiting for a consular response and just goes straight to the manager and department of state to bypass that 30 day wait. I’m unfortunately totally solo because my husband is in the US with his other children so we are also going to try to parole me into the US for medical care for the pregnancy. I’ll keep you updated as well and yes please update me when you hopefully get a response soon.

I appreciate the link. I was charged with theft under $5000. Which yes, you've provided the link showing that it was punishable by summary conviction. However, in 2010-2011 when the offence occurred and I was sentenced, this was the law that applied for summary convictions: https://laws-lois.justice.gc.ca/eng/acts/c-46/section-787-20081001.html#wb-cont and that's what's quoted in my court records. So I don't think it was specific to my case, I think it was the general law that applied. The 4 immigration attorneys I've spoken to have said I need to use the law that applied during when I was charged and sentenced, not the current law because I can't prove that they would have convicted me under the current law, I can only prove they convicted me under the law at that time.

I was charged with theft under $5000 punishable under section 334: https://laws-lois.justice.gc.ca/eng/acts/c-46/section-334-20030101.html And this is the section that defines the maximums for the summary conviction at the time of the offence: https://laws-lois.justice.gc.ca/eng/acts/c-46/section-787-20081001.html#wb-cont Again, I only had 1) one theft charge punishable by summary conviction, 2) summary convictions at the time had a maximum of 6 months, and 3) I was sentenced to absolutely no prison time. Those 3 components seem to indicate that I would easily qualify for the petty offence exception. And I'm additionally frustrated that the officer didn't even give me an opportunity to explain any of that.

Yes, the criminal code listed in my police check and on my court records specifically states “punishable by a maximum of 6 months imprisonment”. I’m not sure what code you’re referring to, I’m just pulling it directly from what’s on my court records.

The lawyer I spoke with said they did not know whether that was possible and that they strictly do waivers so I don’t know.

I am looking for an attorney but I’m trying to find one that is actually familiar with requesting a review of a decision, if possible, rather than the waiver as the waiver would be my very last resort.

I did in my NVC application when it asked about arrests and convictions. But not a separate document. also I could see him walk over to the printer and then sign the refusal form. He never spoke to anyone, the whole process took 3 minutes.

Hi @Hopelessincanada, I’m wondering if you’ve had any updates in the past few weeks? I’m in a very similar situation. Also, did your finance try to visit the US after the denial and was refused entry? I’m scared to try even though I used to visit every weekend.

I’m Canadian living in Canada, my spouse is a US citizen. I have been in the process of getting an IR1 visa for about 3 years. I finally had my interview this week at the consular office in Montreal. However, I was denied and told I was inadmissible to the US due to my criminal record. I have one offence on my record from almost 15 years ago for shoplifting when I was 18. I knew this was likely considered a “crime of moral turpitude” however the Immigration Act explicitly lays out an exception around petty offences. I fall into this definition - only 1 offence, maximum penalty possible according to the Canadian criminal code was 6 months imprisonment, I served no jail time (I received an absolute discharge). I brought all of this information to the interview, but the officer did not even ask me about he. He asked me about my spouse for about 2 minutes then walked away and returned with the refusal based on a crime a moral turpitude. He said I could apply for a waiver but that was it. Is there anything I can do to have the decision reviewed or challenged by a supervisor or visa office as I believe this is an error since I meet the exception requirements and the Immigration says the inadmissibility “shall not apply” to an alien that falls within the exceptions.