Q: This is a question regarding my wife's potential bar to entry by CBP based on Crimes of Moral Turpitude.
My wife came into US as a dependent (F2) in 2002 and has progressed through H4 (through my H1B) and now she has EAD/Advanced Parole waiting for the green card to be issued (India quota). She was charged with shoplifting in 2014 and received a deferred sentence in Colorado (Class 2 Misdemeanor for shoplifting). Upon successful completion, the case has been dismissed without any actual sentence. She has a trip to India coming up, will she be denied entry into US based on the Crimes of Moral Turpitude? Can we invoke the petty offense exception to CIMT (sentence less than 1 year and no jail time and crime not committed in the first 5 years of her being in the US)? Please advise if she needs to obtain an inadmissibility waiver (Form I-192) beforehand? Thanks
A: This question is too specific for this venue (answering would create an attorney-client relationship). I suggest that you either contact a lawyer or schedule an office visit with USCIS in Denver.
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