Does CBP make errors? Just want to drive.

In Aug 2006, I was refused entry into the US while crossing Detroit POE, Cargo Division (I am a truck driver). I had been crossing the border, always declaring my criminal record and showing the I-94 card they issued me. They told me I was inadmissible due to the fact that I had committed a Crime of Moral Turpitude. They took my I-94 away from me. They gave me a I-192 waiver package and sent me home, where I lost my job. During the process of assembling my waiver package, I did some research into my situation. What I can find, I am admissible. Without specifics, here's what I have:
1) Youth charge, committed the act and charged while under 18, jurisdiction remained in Youth court, conviction date appears 4 months after my 18th birthday, not a violent crime.
2) Possession of a Weapon, namely a pellet gun (laughed at by CBP) - Not against the law in US.
3) Adult charge, summary conviction, one year probation.

From the information I can find, they cannot use the youth charge against me. From the Foreign Affairs Manual Volume 9:

"9 FAM 40.21(a) N9.2 Using U.S. Standards
(TL:VISA-46; 08-30-1991)
A foreign conviction based on conduct which constitutes an act of juvenile delinquency under U.S. standards, however treated by the foreign court, is not a conviction for a “crime” for the purpose of INA and, accordingly, may not serve as the basis for a finding of ineligibility under INA 212(a)(2)(A)(i)(I)."

So that leaves me with one charge for which the conviction was summarily, that is, the maximum sentence was 6 months jail and/or $2000. Does it not therefore qualify for a petty offense exception?

Did the CBP make an error in my denial? If so, how do I correct it?

Any help appreciated.
JT

[randalljd]

Hire an immigration lawyer to help you to get permission or a visa. It would seem there indeed may have been an error.

I have hired a lawyer and he is going down to the POE in question to meet with the Chief Director of the port. Hopefully all goes well.

Thanks for your opinion.
JT

[able1]

Let us know how it goes!

Originally Posted by able1 Let us know how it goes!

Well my lawyer went down to the Detroit POE to meet with a supervisor (not the one he usually deals with). The supervisor "did not seem to have a good grasp" of the laws. He wouldn't even listen to my lawyer's legal arguments. He said that multiple CMTs require a waiver... and that was it.

My lawyer is going down next week to talk to his "usual" guy (he's been on vacation for 2 weeks). Will let you all know what happens.

JT

Hmmm...does not sound great.

[JuniorTexx]

Originally Posted by Unregistered Hmmm...does not sound great.

The key is staying positive. My lawyer's contact at the border is said to be "a compassionate CBP officer". If you ask me, that's an oxymoron. My lawyer tells me that he (CBP officer) has gone so far as to give my lawyers clients his business card so that if they get stopped at the border again, you can ask the CBP officer to phone him, so that he can explain to them why you are admissible.

You might want to get a second legal opinon about that. That is not how it normally works.

Well, I finally have an answer to my questions;

Does CBP make errors?

YES!

Can I drive internationally again?

YES!

My immigration lawyer finally went down to the border after preparing a breif (almost an inch thick) and presented to the Senior Supervisor at the WinDet Tunnel. After spending almost an hour reviewing it, CBP agreed with my lawyer that I was admissible, based on "legacy" case law. CBP's only comment about being turned back a year ago was that "if your client had of had his court documents with him, this could have been avoided". Funny, I've been carrying them since 2002. I guess that's their way of saying "we were wrong, but it's not our fault." Not like I was expecting to apologize.

So the end result is even with a Youth conviction (CMT), an adult charge (not CMT), and another adult charge (CMT), I am admissible.

No waiver needed, no special anything, I'm admissible just as though I didn't have a record at all, though I can see myself explaining this all to CBP again and again.


Now to get back to work.

Good luck to all that are still trying.

JuniorTexx@hotmail.com

My Lawyer: http://siskindsimmigration.com/showl...asp?lawyer=111