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I-601 Waivers: Trademark Violations as CIMT

Transcript of the above video:

As the title of this video suggests, we are discussing I-601 Waivers. This is a Waiver of a Ground of Inadmissibility and we are discussing it in the context of what is called Crimes Involving Moral Turpitude. 

These are crimes, and it may not necessarily be a crime, for example, it may not necessarily be a conviction, it may just be a factual admission, so you have got to be careful with the CIMTs. What we are talking about here is species of fraud to one degree or another. Things like forgery, embezzlement can be this type of thing. One thing we have seen here recently in the past couple of years, where we have seen findings of inadmissibility be made has involved things like copyright and trademark violations. Out here in Thailand especially associated with the selling of counterfeit goods, so things like high-end label purses or t-shirts or clothing and things but it is a knock-off for lack of a better term, it is a boot leg, it is not real. Folks will be cited for this if the police discover it and that can be on their record and then that is disclosed in a US Immigration application and we oftentimes see Consular Officers make the determination that that is a crime involving moral turpitude. If that is the case, you have to go ahead and deal with it by means probably of an I-601 Waiver.

We have discussed I-601 Waivers at length on this channel although not particularly recently. Basically, you have to oftentimes show depending on the circumstances, but CIMTs for the most part you have got to go ahead and show extreme hardship to a qualified relative associated with not letting that person in. It is a rather high threshold to meet. It is possible to do that but briefs for an I-601 Waiver are substantial. Most of ours are like a phone book when we file an I-601 a waiver application to waive the ground of inadmissibility and CIMT is no different. You have just got to deal with it and explain the situation and try to show why it should be waived. 

So this is something we have seen come up so I went ahead and made this video. Hopefully this is of some use to some folks. I can't stress enough, in my opinion, a 601 Waiver, especially something involving a CIMT, you really do want to go ahead and have in my opinion, good solid professional legal advice and gain some guidance in order to go ahead and file such a document.