Please help- Incorrect Police record

[jamonyqueso 0]

Hello all,

My fiancé was arrested and charged with possession of a controlled substance in 1999 in his native country. His jail time was waived because he completed rehabilitation classes, and in 2004 the charge was removed from his record so he could move to Spain.

Now, we have a clean Argentine police record for him. But, the Spanish police record is showing that arrest and classifying the charges incorrectly (and with a much more serious offense). We’ve filed a request to correct his Spanish police record, but have been informed that it could take between 3 months to a year to receive.

My question is: Can we go ahead and schedule the Embassy interview?

We have all the other requirements for packet 3. We also have a certified copy of the court record stating that the charge was to be removed from his record, as well as a certified document stating the correct charge.

If we take the clean Argentine police record, the court records from Argentina, and a copy of the filed request to correct his Spanish record to his interview, will that be enough proof that the Spanish police record is incorrect and invalid?

Thanks in advance for your advice!

[Penguin_ie 5,994]

Never heard of such a situation, so this is purely speculation, but I'd say don't schedule an interview yet. Firstly, you do not have a proper police cert right now, so you aren't really ready for interview. But more importantly, a drug conviction (even many years ago and a minor one) is very serious in the eyes of the US government (usually requiring a waiver to get any visa), so if there is any way you can have it completely disappear, that would be great.

[Gary and Alla 3,694]

Hello all,

My fiancé was arrested and charged with possession of a controlled substance in 1999 in his native country. His jail time was waived because he completed rehabilitation classes, and in 2004 the charge was removed from his record so he could move to Spain.

Now, we have a clean Argentine police record for him. But, the Spanish police record is showing that arrest and classifying the charges incorrectly (and with a much more serious offense). We’ve filed a request to correct his Spanish police record, but have been informed that it could take between 3 months to a year to receive.

My question is: Can we go ahead and schedule the Embassy interview?

We have all the other requirements for packet 3. We also have a certified copy of the court record stating that the charge was to be removed from his record, as well as a certified document stating the correct charge.

If we take the clean Argentine police record, the court records from Argentina, and a copy of the filed request to correct his Spanish record to his interview, will that be enough proof that the Spanish police record is incorrect and invalid?

Thanks in advance for your advice!

Depends. IF the charge on the Spanish Police Ceriticate would not be a disqualification then you are worried about something on an obscure document that makes no difference. IF it would disqualify him, then you need to get it corrected before having an interview. If you have the interview they will not issue the visa and your visa petition will expire. The petition will expire anyway, unless you extend it but that is not an infinite process.

So without knowing the exact charges, and determining whether it would be a disqualifier, those are your options. Maybe you already know if it would disqualify him and then you know what to do.

[jamonyqueso 0]

Thanks so much for the replies. I truly appreciate them.

Here's the thing that is killing both of us...Yes, the crime that is currently showing on his Spanish record would mostly likely disqualify him but it's NOT what he was charged for and he NEVER has been arrested or charged with the crime listed on the Spanish record. It's a massively wrong data entry error.

We have certified documents from Argentina listing the correct charge, and also stating that the charge was officially removed; hence the clean police record from Argentina.

This is an obvious data entry error because the dates and reference numbers listed on the Spanish record correspond with the original court information from Argentina. However, the crime entered on the Spanish record is completely incorrect.

How can they disqualify him for something he never did?