DID OUR COMPETITOR OR A LAWYER SAY THAT YOU DEFINITELY NEED A US ENTRY WAIVER. WELL, PERHAPS THEY WERE UNAWARE OF THE PETTY OFFENCE EXEMPTION.
Q: What actually is this Petty Offence Exemption?
A: Well it is simple...An alien is not inadmissible if the CIMT conviction is for a petty offence. A conviction (or admission) is considered a petty offense: “if the maximum penalty possible for the crime, of which you were convicted, did not exceed imprisonment for one year and your sentence served did not exceed 6 months.
NOTE THAT DRUG OFFENCES DO NOT QUALIFY FOR THIS SPECIAL EXEMPTION.
Q: Well, what happens if I have committed or even admitted to actually more than 1 petty offence?
A: Well, this special exemption would not be applicable if more than one C.I.M.T has been committed or admitted.
Q: Well, what if I committed more than 1 crime, but only the 1 is a CIMT?
A: Actually, there is a provision that if there was a second CIMT, the “stop-time” rule will apply. Now note that the petty offense exception only applies to the first CIMT. However, it will remain effective where one of your two offences offenses was not for a CIMT.
Example: You were convicted of Fraud and then you had a second conviction for Assault. The assault won't give a §212(a)(2) conviction. Hence, you are still eligible for this exemption.
Q: What if I did admit to facts of a particular crime?
A: If there was no conviction but you admit facts, the petty offence exemption will still apply as long the maximum sentence that you could have or did receive did not exceed one year of imprisonment.
Q. Well which crimes are considered a C.I.M.T?
A: This is a very interesting question. This list is constantly changing. Also, we have access to this list as well as other helpful tools that could show that your conviction is not a C.I.M.T. Contact us for more information. We may be able to use this as well as other tools to get you out of needing a us entry waiver.
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