My crime was domestic assault with a ex girlfriend back in 1990
I was incarcerated for just short of two years.
I'm on my fifth waiver the last one being for five years.

Theft is always considered a crime of moral turpitude, whereas assault is considered a crime of passion (or the heat of the moment situation). And that is why DUIs are looked at differently in the U.S. as well. It is what it is, and that's the way the INA law is written, unfortunately.

There is a provision of the petty offence exception, but one must keep in mind that the maximum POTENTIAL term of incarceration must be less than the set threshold of one year, regardless of how much of a sentence that a judge has ultimately imposed (even if it was served under house arrest).

I was under the impression theft or possession under was not an indictable offence, thus not considered a crime of moral turpitude. I suppose it depends on how you were prosecuted, though; the crown could have requested you be charged indictable as opposed to summarily.

It could be, however, that any property crime is considered low moral turpitude according to the USA. Beat someone with a weapon, you're free to enter; steal someone's shoes, you're not welcome....

It was over 20 years ago. Theft under and possession of a tool.. Theft is a crime of moral turpitude but a 1/2" wrench that I had in my pocket to tighten loose engine bolts is not. And yes I was denied just recently. The way I read the INA 212 act I should be exempted as it is only one crime involving moral turpitude.

@puzzled - you have to wait 5 or 6 years I believe after a criminal offence. I guess it depends on the type of crime. Were you denied?