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Showing posts from September, 2009

Are You Sure You Are Inadmissible?

If you were denied entry to the US because of a criminal conviction (a crime involving moral turpitude, or CIMT) and you've committed only 1 offense then you might be eligible for the petty offense exception under INA §212(a)(2)(A)(ii) if you satisfy all of the following 3 statements: he/she has committed only one CIMT; he/she "was not sentenced to a term of imprisonment in excess of six months (regardless of the extent to which the sentence was ultimately executed)"; and the offense of conviction carries a maximum possible sentence of one year or less. In other words the individual can only have one Crime Involving Moral Turpitude (CIMT), this crime must be a misdemeanor, and the sentence that the individual received could not have been for more than 180 days. If this is the case, the individual will be “forgiven” and the individual cannot be deemed inadmissible for this crime! (this is a para-recap of a prior posting entitled " Can you claim the Petty Offense Exc