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Law Educator, Esq.
Law Educator, Esq., Immigration Law Answer Team
Category: Immigration Law
Satisfied Customers: 111567
Experience:  Immigration Law Expert
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I was charged summarily with personation in 2008. I paid a

Customer Question

I was charged summarily with personation in 2008. I paid a $400 fine and no jail time. The maximum jail time for a summary convicition in Canada is 6 months. I took this evidence to the border and was still denied entry. I claimed the petty theft exception however the CBP officer said that this did not fall under the petty theft exception
JA: Have you talked to a lawyer yet?
Customer: no
JA: Anything else you think the lawyer should know?
Customer: no
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Immigration Lawyer about your situation and then connect you two.
Submitted: 5 months ago.
Category: Immigration Law
Customer: replied 5 months ago.
Can i return to the border and speak to another CBP officer or am I wasting my time? What steps should I take for this? I have the criminal record with finger prints from the RCMP and it lists only 1 criminal offence which falls under a CIMT as far as I can tell (personation with intent) when I used my brother's name when I got pulled over while driving under suspension. There was no jail time. Sorry I mentioned above that this charge was from 2008, I meant to say that it was 1998. That is the only thing on my record. I have considered applying for the waiver but it seems like a mute point since this falls directly within the parameters of the petty offence exception.
Expert:  Law Educator, Esq. replied 5 months ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Unfortunately going back to talk to another CBP officer is not going to change the matter. You are going to have to file an I-601 waiver of inadmissibility ( https://www.uscis.gov/sites/default/files/files/form/i-601instr.pdf). You will need to attach the proof it has been at least 5 years from the date of completion of your sentence. False Personation is not under the petty offense exception, it is essentially considered an identity theft type crime and as such they will require the waiver.

Customer: replied 5 months ago.
It appears that an I-601 waiver is for someone who seeking a visa due to hardship of a relative living in the USA. I don't think I fall under the outline of it's intended use as I have no relatives (that I know of) in the united States so no hardship would come of that. We do however own property and a cottage in Michigan State. The link above gives me a 404 error. Is Identity theft not considered Fraud? Thank you for your help
Customer: replied 5 months ago.
I was told that I need an I-192 waiver. I have never heard of the I-601. If you could please send the link again that would be very much appreciated.
Expert:  Law Educator, Esq. replied 5 months ago.

Thank you for your reply.

Sorry, if you are not seeking permanent visa, the non-resident admission waiver is the I-192. The temporary waiver application, Form I-192, Application for Advance Permission to Enter as Nonimmigrant [Pursuant to Section 212(d)(3) of the INA] See: https://www.uscis.gov/sites/default/files/files/form/i-192.pdf . The form should be filed with CBP if you are an inadmissible visa exempt nonimmigrant or a nonimmigrant with appropriate documents who subsequently becomes inadmissible under Section 212(a) of the INA.

False personation, identity theft etc. is considered a "crime of moral turpitude" which is the basis for inadmissibility.

Customer: replied 5 months ago.
then does this fall under petty theft exception?
A crime involving moral turpitude is considered a “petty offense” if:the maximum penalty that you could have received for committing the offense is exactly one year or less, AND
you personally were sentenced to no more than six months imprisonment, regardless of the amount of time you actually served.
Expert:  Law Educator, Esq. replied 5 months ago.

No this does not fall under the petty offense exception, it is a "moral turpitude" issue, you did something immoral in your offense, you lied about your name, and that is why you will require a waiver.

Customer: replied 5 months ago.
the crime is NOT a CIMT which wouldn't make it inadmissible. Yet at the border the first time they turned me away for CIMT, which is the same crime we are talking about. The second time they said it wasn't a CIMT. So can you see where I am confused. Is there somewhere that I can reference as to what impersonation constitutes as. You mentioned that it's is an immoral crime but isn't that was a Moral Turpitude is?
Expert:  Law Educator, Esq. replied 5 months ago.
thank you for your reply.
It is a crime of moral turpitude, it is a false impersonation crime, that is what the CBP is telling you. I have told you all along it is a crime of moral turpitude and you need to file the waiver like you were told. You LIED about your name, which led to the charges. Lying is immoral according to CBP and that is why you are being told it is a crime of moral turpitude, so again, fill out the waiver and file it.

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