Case of T.B.

T was in the US as Work Travel participant — and was caught shoplifting various items from different stores. Unfortunately, he was charged with several counts of shoplifting, and because he had to leave the US, accepted the charges. As a result, he had more than one conviction and did not qualify for the petty offense exception. But when he applied for a visa, he was found inadmissible not only for committing a crime of moral turpitude, but under the “multiple convictions” provision of the Immigration and Nationality Act — Section 212(a)(2)(B). However, this provision only applies if the aggregate sentence for multiple convictions totaled at least five years (e.g., for one crime sentenced to four years, for another — 1 year). This was not T’s situation. We brought this to the attention of a consular manager, who corrected this error. We then represented T in his I-601 waiver application under Section 212(h) of the INA. We were able to show that his US citizen mother would have experienced extreme hardship in the event of T’s denial, and USCIS approved the application.