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birdoluv

Conviction Overturned. Do We Need I-601?

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Filed: Timeline

My husband was denied his visa this past month because of a wrongful conviction on his recored from 2 years ago that he clearly did not commit, and was never in jail for. 212(a)2. It even stated it in the court records we sent in with our I-130 that it is clear he did not do what he was falsely accused of. But the justice system is his country is so unfair that it ended up on his record anyway. And it seems all the embassy looked at was the conviction, and did not even read the court records. They let us know at the embassy we can file the I-601, and have a year to do so. But he is going to take this convition to court to get it overturned ASAP. If successful, do we just send the overturned conviction to the embassy, or do we have to file special paperwork? Would we need to file the I-601? What would be the best option? He has never overstayed his visits, and this is the only thing on this record. He has been in his country durning the whole I-130 process, and is still is:(

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You need to provide more information - which country, why was he convicted, was he arrested, what does his police record say?

Also, please complete your timeline.


ROC 2009
Naturalization 2010

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Filed: Timeline

If the embassy told him to have the *no arrest, or record ever*

proven by court then get this from court certified & get your atty

to schedule an appt to give them this proof.

Be forewarned if a charge is dismissed USCIS/DOS can still up-hold

the charges by reason to believe and look at the time applicant could

have received....U clearly stated he has never been arrested so there

could have been an error...very hard in the justice system to delete

they will prefer to amend saying "dismissed" get an atty to vacate this

and it should say "vacated due to error" USCIS does not accept vacatur

for immigration solely, but for errors...good luck

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Filed: Timeline

If there was no conviction then there is nothing o overturn re your

husband, the court should issued an official letter with contacts to

them as he has never been arrested and convicted in their system.

They will not take just anyone word they need proof at consulate

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