redroses7 Posted July 24, 2018 Report Share Posted July 24, 2018 Charged with assault causing bodily injury/family violence in 2012. Was always pulled in for secondary inspection. However, the last two times it did not happen. Charges were dropped after completing pre-trial diversion program in Texas. The maximum penalty for this offense is upto 1 year and the PTIP lasted 6 months. Does anyone know if the secondary inspection was skipped because 5 years since the offense? Also, does this qualify as a petty offense while renewing GC/applying for citizenship? Link to comment
Provence Posted July 24, 2018 Report Share Posted July 24, 2018 Since when is a Domestic Violence arrest, causing bodily harm to a spouse, a petty offense? Perhaps an immigration lawyer you were advised to consult answer the CBP inspection query. Link to comment
redroses7 Posted July 25, 2018 Author Report Share Posted July 25, 2018 since it is a CIMT which happened more than 5 years after admission. Sentence was not more than 1 year and the actual punishment (community service/anger management) was not more than 6 months. Some of the lawyers we contacted even said that this is not a CIMT. I am wanting to know if anyone else is in the same boat. Link to comment
natan111 Posted July 26, 2018 Report Share Posted July 26, 2018 On 7/25/2018 at 11:57 AM, redroses7 said: since it is a CIMT which happened more than 5 years after admission. Sentence was not more than 1 year and the actual punishment (community service/anger management) was not more than 6 months. Some of the lawyers we contacted even said that this is not a CIMT. I am wanting to know if anyone else is in the same boat. Petty offense exception applies only to CIMT. You were convicted of CIMT (for immigration purposes) and seem to meet the 2 conditions, so you should qualify for petty offense exception. (I'm not a lawyer. Hire one.) Link to comment
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