criminal record

jeff23

New Member
16 years ago, I changed price stickers on a school textbook. I was caught, arrested and charged with fraud. I went to court,plead guilty and received a sentence of conditional discharge. This happened in Canada (I am Canadian)

Does anyone know what the implications are for consular processing? Thanks.
 
No Title

CP and AOS will be same result.
If your crime was of "moral turpitude" you will be rejected. Although the definition is vague, there are classifications of crimes, also on the web, but better consult an attorney for this is very serious matter, even if not "moral turpitude".
In any case, you will need to obtain court records to present to INS.
 
Re: No Title

How do you explain
http://www.ins.usdoj.gov/lpBin/lpex...?f=templates&fn=document-frame.htm#slb-act212

INA: ACT 212

2) Criminal and related grounds.-


(A) Conviction of certain crimes.-


(i) In general.-Except as provided in clause (ii), any alien convicted of, or who admits having committed, or who admits committing acts which constitute the essential elements of-


(I) a crime involving moral turpitude (other than a purely political offense or an attempt or conspiracy to commit such a crime), or


(II) a violation of (or a conspiracy or attempt to violate) any law or regulation of a State, the United States, or a foreign country relating to a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)), is inadmissible.


(ii) Exception.-Clause (i)(I) shall not apply to an alien who committed only one crime if-



(I) the crime was committed when the alien was under 18 years of age, and the crime was committed (and the alien released from any confinement to a prison or correctional institution imposed for the crime) more than 5 years before the date of application for a visa or other documentation and the date of application for admission to the United States, or


(II) the maximum penalty possible for the crime of which the alien was convicted (or which the alien admits having committed or of which the acts that the alien admits having committed constituted the essential elements) did not exceed imprisonment for one year and, if the alien was convicted of such crime, the alien was not sentenced to a term of imprisonment in excess of 6 months (regardless of the extent to which the sentence was ultimately executed).



Originally posted by Abu_lafya
CP and AOS will be same result.
If your crime was of "moral turpitude" you will be rejected. Although the definition is vague, there are classifications of crimes, also on the web, but better consult an attorney for this is very serious matter, even if not "moral turpitude".
In any case, you will need to obtain court records to present to INS.
 
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