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Old Crimal charges/Cannot remeber what they were from

append delete Debbie

Im trying to get all the paperwork together to apply for my U.S. Waiver.. I was at the point where I am needing to expain my convictions.. I had 2 charges of "obstructing a peace officer" and I cannot for the life of me remeber what happened.. It was 1994 and the court sent a letter back stating the files have been destroyed.. I have a pardon for these charges as I applied for this in 2008 HOWEVER I cannot recall what I did... Thoughts?? .. Also my charges state they are from Peterborough and on my pardon it states Toronto.. Very confused and and worried..

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append delete #1. Hats

Assaulting a peace officer either way is not a CIMT if a weapon was not used or serious injuries did not result, neither is simple assault or DUI. This is what US immigration INA states. You shouldn't need a waiver for the crimes I stated above. But then again with how things are changing presently, don't take my word on it. You might also fall under the petty exception rule if one CIMT is committed and the max sentence is a yr or less and you were sentenced to six months or less. Laws keep changing however and the new administration might change all that.

CBP agents have total discretion on who to let in or not. People who have done nothing wrong have been denied. That being said many CBP agents simply don't care about the petty offence rule. A lot of firms will also profit in telling you need a waiver to make money when in reality you don't. Even lawyers seem to be confused. My advice to you would be to go see a clerk at the courthouse to ask for files in the archives so you can apply for a waiver.

append delete #2. Debbie

Hi, thank you for your response.. I contacted to the courts and they have destroyed the records and have sent a letter to that affect.. So... Im very concerned now because i just cannot remember what the heck I did!!!! I have received a pardon these charges already in 2008.. Is there anywhere I can look or go and find out what I did???? Im drawing a complete blank!


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