My Waiver of Grounds of Inadmissibility as been denied is to antway to get a green card after been convicted for shopplifting ten years ago. I have a 14 years old son, and i do most of the working to maintaining my family structure, is there any hope for me getting a green card. Please help!!
If the crime you are convicted of is an AGGRAVATED FELONY (as defined by 1996 Reform Act), then you are highly unlikely to overcome the denial of your waiver.
And I am not going to even attempt to help you because you had no excuse to willfully committ an AGGRAVATED FELONY in US.
Posts: 2501 | Location: NJ, USA | Registered: 03-11-2006
First, you need to return the item that you shop lifted. Second, antifascist was correct, a felony conviction might hurt your chance of waiver approval. He's also antishoplifter; hence, the kind of comment you got from him.
No, the double count shoplifting happened ten years ago which I severed 4days in holding it was not an "aggravated felnoy". All this is happening because I fellowed my friends, ****n!!!!How often can I file the waiver of inadmissibility?
Shoplifting is usually a misdemeanor, otherwise the offense would be charged as grand theft or something of that sort. The problems with the waivers is that they are usually poorly documented. You may need to contact an attorney to help you with your situation. FYI, aggravated felonies are treated in the same way as any other CIMT when it comes to admissibility. It sounds strange that your waiver was denied given the age of the conviction and possible rehabilitation, but then again, any poorly documented waiver is likely to be denied; it's your burden to establish the hardship, equity and rehabilitation and you cannot do that without evidence, documentation and maybe even sworn statements. This is not legal advice, contact a good attorney if you need legal help.
Depends on the amount of the item taken. What if what he got was a jewelry valued at one million dollars? Or he shoplfted a huge top of the line TV set? Even if it happened 10 years ago, you must return it plus interest computed 10 years. Only then can your case be reconsidered.
The US does not need to import thieves. Go home. I applaud the Dept of Homeland Secutity adjudicators for denying your waiver. Scumbags should just go back to your own country and steal whatever few items on the shelves in your pitiful stores.
ON WAHT basis you applied green card, is there any other problem other tHAN SHOPLIFTING too , becuase i heard they can let you to adjust if you have two or less minor crimes like shoplifting still its better you consult with good immigration attorney
Huge TV set? Why not? He could have asked the store manager to help him carry that to the van. It's still shoplifting 'cause he didn't pay for it. As to Someone12's suggestion that he goes back to his country, well to balance the whole thing, he could steal or shoplift in his country and bring these items to the US. Then he can just tell the USCIS or DHS..."Okay, here are the items I got from my country to make it even."
For car lifters, they need a heavy mechanical lifter. Why not? He can bring one to a car dealer and car lift. But then, his crime would be worse and instead of getting a waiver, he sure will be deported. That's the only risk.
"In re Sidney MICHEL, Respondent Decided by Board January 30, 1998 Interim Decision #3335"
"An alien who has not previously been admitted to the United States as an alien lawfully admitted for permanent residence is statutorily eligible for a waiver of inadmissibility under section 212(h) of the Immigration and Nationality Act, despite his conviction for an aggravated felony."
(The opinion continues, analyzing the AF conviction only as a CIMT) "We recognize that although a conviction for an aggravated felony is not a ground of inadmissibility, the respondent is inadmissible to the United States under section 212(a)(2)(A)(i)(I) of the Act because his conviction constitutes a crime involving moral turpitude. However, an alien who is inadmissible under this section may, if statutorily eligible, seek a waiver of inadmissibility under section 212(h) of the Act. See Matter of Mendez, 21 I&N Dec. 296 (BIA 1996)."
(Limitation of the opinion by 212(h)) "No waiver shall be granted under this subsection in the case of an alien who has previously been admitted to the United States as an alien lawfully admitted for permanent residence if either since the date of such admission the alien has been convicted of an aggravated felony or the alien has not lawfully resided continuously in the United States for a period of not less than 7 years immediately preceding the date of initiation of proceedings to remove the alien from the United States."
Also: "Neither the seriousness of a criminal offense nor the severity of the sentence imposed is determinative of whether a crime involves moral turpitude". The BIA only looks at the specific language of the statute to determine whether a violation must necessarily involve moral turpitude, "without consideration of the circumstances under which the crime was, in fact, committed."
Did I say that waivers are Impossible to obtain or did I say it is highly unlikely for someone convicted of aggravated felony to overcome the denial of the waiver? If the waiver is denied* they must have already looked into it and considered all applicable law before adjudicating it. And it is highly unlikely (though not entirely impossible) that such denial of waiver could be overcome , based on technicalities or errors in earlier decision.
See, you are a poopsterhead, full of assumptions.
[quote]"An alien who has not previously been admitted to the United States as an alien lawfully admitted for permanent residence is statutorily eligible for a waiver of inadmissibility under section 212(h) of the Immigration and Nationality Act, despite his conviction for an aggravated felony."[/quote]
Yes, I remember this, and I remember you making a great deal out of it while discussing HR4437 whereas you said that HR4437 has loopholes allowing convicted aggravated felons to obtain waivers and get AOS, while simple overstays who are immediate relatives of USC would be made into felons ineligible to remain in US. You also had a funny remark to the effect that under HR4437 INA would sound like "You may, but you may not..May be you can , but you can not" You spoke of gangsters and violent criminals faring better under HR4437 than those convicted of least crimes.
So, what is your point?
Aren't you a poopsterhead for arguing with the product of your own imagination?
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* waiver denied - waiver of inadmissibility based on conviction of crime, be it Aggravated Felony, multiple misdemeanors, CIMT or else.
This message has been edited. Last edited by: Antifascist1,
Posts: 2501 | Location: NJ, USA | Registered: 03-11-2006
The items that I stole were clothing, the letter states that: In 1994 you were charged with criminal possession of stolen property in the 4th, the charge was dropped to petit larceny and a misdemeanor but still a crime involving of moral turpitude ( cimt).Then you were arrested and charged with criminal possession of stolen property in the 4th degree. You pled guilty to criminal possession of stolen property in the 5th degree, which is also a cimt. By discretion and section 212(a) the adjudicating office, on May 16, 2003 denied your application for lack of establishing moral character. Due to this fact you are ineligible to be legally admitted into the United States.
My question is what is cimt? and will I still be able to file another waiver.
AOS is a discretionary form of relief. The crime of shoplifting is not the same as a violent crime such as rape, assault with intent or even major fraud. In Cervantes, the court noted "...subsequent Board decisions found the fact of marriage and family relationships to override the adverse factor of a criminal conviction. See, e.g., Matter of Battista, 19 I&N Dec. 484 (BIA 1987)"; this is why I noted that the waiver was probably very poorly documented. But I'm not here to argue with others or to get called any names; I thought this board was a civilized place for discussion, not some sort of playground for people to have at each other.
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