Legal Question in Immigration Law in District of Columbia

petty offense/juvenile offense exception?

I am confused as to the use of section 212(a)(2)(A)(ii) of the immigration act. As far as i tell it is an Exception to the preceding ground of inadmissibility for certain crimes of moral turpitude.

* Does this mean that it is not technically a waiver of inadmissibility?

*if it is not a waiver, do you still need to fill out a form (say I-601)?

*if no form, do you bring a motion or affidavit?

*what evidence is needed, admissible?

Please help if you can, your responses are greatly appreciated. I am confused as to the exception/waiver distinction for inadmissibility essentially. Anything about using this section practically would be wonderful. Thanks!


Asked on 4/16/09, 11:07 am

1 Answer from Attorneys
Marc Seguinot Seguinot & Associates, P.C.

Re: petty offense/juvenile offense exception?

You are correct in that Sec 212(a)(2)(A)(ii) is an EXCEPTION to the grounds of inadmissibility for certain CIMT's. Thus, you do not need a waiver. If you read the Act, any crimes, whether aggravated felonies or crimes involving moral turpitude will direct you to a possible waiver -- IF THERE IS ONE. For example, if you read Section 212(a)(2)(F), it will direct you to subsection (h) which functions to waive other charges of inadmissibility, but which can only be waived by filing an I-601 waiver form. If you are in proceedings now, please get a good lawyer to help you. My office is located near the USCIS in Fairfax/Dunn Loring. You might want to call my office and set up an appointment for a consultation just so that we can review what you have. If you are not in proceedings, and are only asking to become more knowledgeable about immigration laws, then good for you -- we need more of you out there! Good luck.

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Answered on 4/16/09, 11:31 am


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