Non-violent misdomeanor committed as minor likely to backlog?

[tasksgirl]

Is it likely to result in a backlog? I just don't want to be naive thinking I'll be pilot approved if it won't be .. I know everyone should prepare for backlog but how likely do you think it is.. it was for vandalism.. he was 17

[tasksgirl]

oops..! I meant to post this in I-601 but actually I guess I wanted to ask Laurel also..

[Pinkpig]

oops..! I meant to post this in I-601 but actually I guess I wanted to ask Laurel also..

I moved it for you :)

[tasksgirl]

Thank you!! That was fast :)

[kitkat1]

Vandalism is considered a crime of moral turpitude. CIMT under the age of 18 are not visa ineligibilities, which is a good sign. But it seems impossible to know what causes certain waivers to be backlogged.

[tasksgirl]

I had tried to see before if it was CIMT but I wasn't sure do you have a section of the law where it says ? That sounds like it would be a likely backlog though..

[kitkat1]

http://www.state.gov/documents/organization/86942.pdf

Other crimes committed against property involving moral turpitude involve an inherently evil intent, such as the act of arson. The following list comprises crimes frequently committed against property, which may be held to involve moral turpitude for the purposes of visa issuance:


10. Malicious destruction of property

http://www.expertlaw.com/forums/showthread.php?t=1936
In general terms, a crime of moral turpitude refers to a crime that encompasses a base or vile act. The case law interpreting the term "moral turpitude" is not always consistent. However, the following offenses, whether charged as felonies or misdemeanors, are of the type that have typically been found to be crimes of moral turpitude:

* crimes which involve either an intent to defraud or an intent to steal as an element;

* crimes which involve an element of intentional or reckless infliction of harm to persons or property

[tasksgirl]

I know it says destruction of property but aren't there different crimes under that like arson I've never been able to find a place where it said for sure or not vandalism.. does anyone else know.. will it affect us differently if it is a CIMT?

[kitkat1]

The definition of vandalism is destruction of property is. Arson is something else. It wouldn't matter if it's a CIMT or not if it happened under the age of 18.