I-601 Vs. Overturned Conviction?

[birdoluv 0]

My husband was deniled his I130 visa 4 months ago due to one conviction they deemed CIMT. He was falsely accused and convicted of abuse due to the poor justice system in his country. The embassy let us know we can file the i601, and have a yr to do so. He is in the process of going to the higher court and getting it overturned, because he was clearly 100% innocent w/ evidence provided. It was even stated in court records that we sent to the embassy, but they just went by the conviction. The court messed up, His C.J lawyer has no doubt he can win his case. He also was held in remand for 4 months, and never in jail. This is also the ONLY thing on his record. The big question is..if he is successful getting this conviction overturned, do we still need to file the i-601, or can we send the overturned conviction to the embassy , and is there certain paperwork we need when we send the overturned conviction? He has never overstayed his visits, and has been in his country this whole process. What is the best way to go about this? Should we file i601 at the same time while we wait for his court date as back up, or is it necessary ? What happens if he is denied the i601, but the coviction gets overturned successfully? Any help would be greatly appreciated. Thank you.

Edited January 8, 2015 by birdo6

[Boiler 43,433]

What was he convicted of?

Theoretically if the conviction is overturned then there is no need for a waiver.

You can not expect the Consulate to re try the case.

Waiver takes say 6 months or so. Guess it depends how certain and how quick any re trial will be.

[birdoluv 0]

So even if we did get it overturned, sending it to the embassy at that time would do no good? Would we have to start the I-130 all over?

Edited January 8, 2015 by birdoluv

[Boiler 43,433]

I never said that.

[Jawaree 717]

I 130 should be still alive, why don't atty or your Congress-person push

for a re-interview with consulate telling them the reason, then he can take in

original certified from court and have them take care of it.

[Villanelle 4,121]

Mrs Bird-

You need to slow down and breathe. You wrote a lot of stuff and Boiler answered you.

We can go over it again:

You=blue

Boiler=red

The embassy let us know we can file the i601, and have a yr to do so.

He is in the process of going to the higher court and getting it overturned

The big question is..if he is successful getting this conviction overturned, do we still need to file the i-601, or can we send the overturned conviction to the embassy?

Theoretically if the conviction is overturned then there is no need for a waiver.

What is the best way to go about this? Should we file i601 at the same time while we wait for his court date as back up, or is it necessary ?

Waiver takes say 6 months or so. Guess it depends how certain and how quick any re trial will be.

What happens if he is denied the i601, but the coviction gets overturned successfully?

So because "You can not expect the Consulate to re try the case."- you either need the 601 on time with the proof or if not on time you would refile.depends how certain and how quick any re trial will be