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  1. #1
    Join Date
    May 2010

    Default Determining Inadmissibility and How to Contest It

    When I was 17 I was arrested for felony credit card fraud but the disposition states "dismissed, no charges filed".

    When I was 18 I was arrested and tried for misdemeanor shoplifting ($40 worth of merchandise). The disposition states "dismissed by state nolle prosequi". I did community service, paid a fine, paid the company and that was the end of it. I don't even remember pleading, but I found a letter from my attorney saying that the case was reduced to excessive vehicle noise. However, the court only has the disposition on the case with no details on the pleas. It shows that I was charged with stealing and that the charges were dismissed.

    A few years later I got a DUI for which I got a suspended imposition of sentence until completion of 2 years probation and paid fines. The case is now completely closed and the court paperwork states "no alcohol or drug related pleas or convictions". However, I have some other paperwork showing that I pleaded guilty.

    The thing is... I went for an initial interview for my 485 and the immigration officer told me that they would call me to come back another day because he needed to do research on the case. He also told me that we might need to explore other options such as a waiver of inadmissibility depending on his findings (I am married to a USC, so we would need to prove extreme hardship).

    The immigration officer told me that the credit card case did not make me inadmissible because I was 17 at the time and because nothing ever happened with that and because I never pleaded, but he told me he needed to look into the other 2 cases. He mentioned that my DUI is not a CIMT as it was a simple DUI (not an aggravated DUI) but that he could take the DUI into consideration in determining inadmissibility.

    The thing is...I have contacted 3 different attorneys and they are not able to answer me. I did the 485 processs through an attorney and she doesn't answer my calls. I am not sure if I am inadmissible or not, but the shoplifting case seems to qualify for the petty theft exception as the maximum penalty is up to 1 year and I did not do any jail fact, the case was dismissed.
    The DUI itself is not a CIMT, so I don't think that makes me ineligible and given the fact that the credit card case never went to court, no charges were filed and I was a minor at the time, does it seem like I am inadmissible?

    In the case that I am not inadmissible but the immigration officer determines that I am, how do I contest it other than a waiver?

    I'll let you all know the outcome of my case once I am called to go back again to the immigration office for follow up.

    Just as an additional note - I was honest with the officer and admitted all the crimes. Title 18, section 1001 of the US code establishes that lying to a government official is a crime punishable by up to 5 years of imprisonment. It could also ban you from the US for misrepresentation, so be careful if you are going to lie.

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: Determining Inadmissibility and How to Contest It

    The question of whether or not your record will inspire the officer who is reviewing your case to determine you to be inadmissible is something that will be determined by that individual officer. Others can share their opinions of what that officer may determine, or what they think the officer should determine, but it's his decision to make (subject to your possible appeal if it's an adverse determination). If you do get an adverse determination you can appeal and/or seek a waiver.

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