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US Entry related question regarding CIMTs

Discussion in 'Criminal Convictions and Act' started by Wayne W, Jan 10, 2017.

  1. Wayne W

    Wayne W New Member

    I am looking to take my brother on vacation (flight to FL then a 10 day cruise).


    The problem I encounter is that he has multiple CIMTs.



    I have tried to obtain an answer, but I cannot get anything definitive... so it is my hope you might be able to give me an answer.



    It is in regards to the following:



    Conviction of Two or More Offenses [INA ยง 212(a)(2)(B)]: Any foreign national convicted of 2 or more offenses, regardless of whether the conviction was in a single trial or whether the offenses arose from a single scheme of misconduct, and regardless of whether the offenses involved moral turpitude, for which the aggregate sentences to confinement were 5 years or more, is inadmissible.




    My brother was charged with fraud and utter forge doc. These are his only adult charges. He received a 3 year suspended sentence in Canada (which was probation with upto 9 months prison if he reoffended). He went through probation without issue and has not been charged since.


    I am really wanting to take him on a trip. It is my hope that I can take him on this cruise. If I am unable to, I will take him to the Dominican... but I rather go for 10 days on a cruise ship with him.


    Please help!
     
  2. newacct

    newacct Well-Known Member

    what's the question?
     
  3. Wayne W

    Wayne W New Member

    Is he eligible to enter the USA?

    There seems to be a sentence of less than 5yrs incarceration (was only probation and not jail/prison), but I'm not sure about the aggregated sentence aspect
     
  4. newacct

    newacct Well-Known Member

    I think he probably has the lifetime 2B ban. The multiple offenses don't have to be CIMTs; they can be any offenses. He could still try to enter and see what happens, or apply for a waiver.
     
  5. Wayne W

    Wayne W New Member

    I hope I can get a more definitive answer. I wouldn't want him to try and get rejected as we're on US soil waiting to go to the boat for the cruise. That would be a waste of money to have got his plane and cruise tickets for nothing :(
     

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