Pliskin

Why won't they issue you a visitors visa? Because you have the pending IR-1 application?

Just curious because I've read elsewhere that other ppl waiting to get their immigrant visa have been allowed to cross into the US to visit.

Yes that is the website that I got the quote from, I apologize for not posting the link, I didn't even think to do that.

We have an immigration attorney already helping us on our journey so I guess the smartest thing to do would be to ask them (tho, I am reasonably sure that the attorney is aware of her conviction, this same attorney represented her at her hearing at the border when my wife gave back her green card and

her withdrawal of application for admission to US granted by the court.)

And our attorney hasn't mentioned ANYTHING about filing a waiver when she asked us for our supporting docs for our CR-1 application.

An oversight/incompetence on our attorney's part do you think?

Sorry to be obsessing, we just want to start the waiver *if* we need it but we don't want to pay the $545 if we don't need to...

I've been researching everything I can on this issue online and I found this...

Summary Convictions Under Canadian Criminal Law. A Canadian citizen who has a single conviction involving a crime of moral turpitude may not be inadmissible if the conviction was by "summary judgment" and not by "indictment." Under Canadian law, certain offenses may be treated by the court as summary convictions. A summary conviction in Canada carries a maximum term of imprisonment of six months. Therefore anyone with only one conviction, when it is a summary conviction for a CIMT, is not inadmissible to the U.S. This exception applies to only one CIMT conviction. If the person has more than one summary conviction, they are inadmissible and must apply for a waiver. It should be noted that the exception applies only to CIMT's and not to any type of drug convictions.

The burden of proof is always on the person to show that he is admissible. When it is known that the person has a conviction, they must provide evidence that the conviction was treated summarily. Acceptable proof of summary conviction will include a criminal record, showing the code section of a summary conviction, or court records showing that the alien was summarily convicted.

Absolute Discharge, Conditional Discharge, and Canadian Pardon. Absolute discharges for all crimes are not convictions for the purposes of U.S. immigration law. This includes all CIMT's and all drug-related charges as well.

Conditional discharges are convictions for purposes of U.S. immigration law, even though in the eyes of the Canadian government they are not convictions. This includes conditional discharges for all offenses, CIMT's and drug-related offences. Conditional discharges are granted for convictions handled both by summary conviction and as indictable offenses. So a conditional discharge for an indictable offense renders the person inadmissible, but a conditional discharge for a single CIMT offense convicted summarily will place the person within the exception, and the person is otherwise admissible.

I asked her for the exact wording of her court docs -she told me it was a conditional discharge on a summary judgement. I think this is what the above covers, yes?

I just called her and asked her to read to me what her removal proceedings paperwork said...

ORDER OF THE IMMIGRATION JUDGE - "This is a summary of the oral decision entered on today's date. This memorandum is soley for the convience of the parties."

And at the bottom is checked "Other: Withdrawal of application for admission to US granted"

That's a removal order, correct?

She was convicted of a theft under $5000 I believe.

Thanks again for your help.

Hello. I am a US citizen and my wife is CDN.

She was previously married to a USC and lived in the US for approx. 5 years with her perm resident card.

Her mom had a stroke, she came back up to Canada to look after her and help out, that turned into much longer than anyone anticipated and her and her ex's marriage fell apart. She started her life again in Canada.

In 2004 she was convicted of a crime in Canada. She got a conditional sentence, no jail time and 15 months probation. Since then, she has been in no other legal trouble.

In 2006 she was at a POE and was denied entry because of (this I am not 100% sure of) either her conviction OR the fact that she "abandoned" her US status. At any rate, she was put in removal proceedings, retained a lawyer, attended her hearing and gave her green card back.

Since then, she has successfully(as a CDN citizen) crossed into the US many times, she keeps her court document from the removal hearing with her but has never been asked for it, nor has her conviction ever been brought up by the POE guards.

Ok so fast forward to now...we are married, and in the process of applying for CR-1. We have an immigration attorney, she is aware of all of this (she represented my wife at the removal proceeding). My wife has gotten her RCMP fingerprint criminal record check - and that conviction does NOT show up on it, it's clear. My wife questioned the RCMP officer, he said because it was conditional, and that she met all the conditions and didn't get into any other trouble, that it "fell off" her record.

Here's my questions:

Do you think my wife's previous conviction will result in our application getting denied?

Does she need a waiver? If it's "off" her record?

Thanks for any suggestions/information anyone can provide.

I kinda thought that too because prolly, even though it's "off" her record, the police/border guards can see deeper (if that makes any sense). Plus, we want to be 100% honest of course.

Yes, she did the fingerprint version.

If she's been permitted to travel into the US so many times after the fact, will that be an issue with acceptance of our CR-1 do you think?

Thanks!

Hello everyone. I have a question to ask. I am a USC, my wife is a CDN citizen. We are going the CR-1 route, have already gotten our NOA1 and are waiting on our NOA2. I was reading on another thread about the DS-230, specifically about the question "have you been charged, arrested or convicted of any offense or crime?"

So approximately 6 years ago, my wife was convicted of a crime. She pled guilty and was sentenced to a conditional discharge and 15 months of probation. She fufilled all conditions of her probation and has never been in any legal trouble again. She went to her local police (RCMP) and got a criminal background check. When it came back, it came back clear, as in, no record. She asked the RCMP officer how that could be (since she was convicted in 2004) and he told her because of her conditional sentence, after she did her probation and did not get into any trouble since then, it was gone from her record.

She has crossed into the US many times, with no troubles...

So my question is...should she still answer "yes" to the above question when the time comes?

Thanks for any suggestions...