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Crime of Moral turpitude and the petty offence exception

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  • Crime of Moral turpitude and the petty offence exception

    Hi,

    Back when I was in college 5 years ago, I made some poor decisions and I got convicted of Give Peace Officer False Name/Birthdate/ID Card, which is a CIMT and my sentence was Stay 85 Days For 1 Yr . Last summer, I had to go back home for a family emergency, and It ' s been 7 months that I have been stuck there. When i went to apply for the visa, the consulate was really nice to me and told me that they applied for a waiver of ineligibility for me. I needed to apply for an F1 visa because I had to go back to pursue my graduate school. While I was searching , I find out that I was eligible for a petty offense exception under the Immigration and Nationality Act ( INA) section 212(a)(2)(A)(ii). it state that: You are only inadmissible if your conviction is deemed a Crime Involving Moral Turpitude (CIMT). If that’s the case, you still might not need a criminal waiver thanks to the “petty offense exception” set out in section 212 of the Immigration & Nationality Act.

    To qualify for the petty offense exception, you must show that:

    You have committed only one Crime Involving Moral Turpitude (CIMT) at any time, ever.*
    The conviction carries a maximum possible sentence of one year or less.
    You were not sentenced to a term of imprisonment any longer than six months.

    According to my sentence, I might be eligible to the petty offence exception. I would like to know if anyone can help me in how i can prove it to the consular officer. Also, can you still be eligible for the petty offence exception even if your case is awaiting for a waiver of ineligibility already?

  • #2
    what is the outcome

    Hi ,

    COuld you please update what happened in your case ? I am in similar situation

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