charged but no conviction?

[needhelpnow 0]

Hi. I just read over the qualifications for "moral turpitude" and have a quick question that I really hope someone can answer for me.

My husband was charged with a crime that he did not commit yesterday in his country. Unfortunately his country does not assign court dates quickly so it usually takes anywhere from one to three years.

We have not filed yet but I will file the I-130 next week hopefully. My question is.....at what point does this become pertinent? Basically I'm wondering if everything else will go accordingly without having this be an issue until he gets to the interview point. Then we can deal with whether or not he's had his day in court and all that and hopefully he'll be found innocent.

If i know that this process will still go on until that point then I think I'll be able to breath a little more so I really hope the answer is positive!

Thanks!

[sarah and hicham 3]

[~Jackie~ 30]

Probably after the filing, during security checks.....or perhaps when he has to get police record before the interview.

Good luck. Hopefully someone will be along with constructive answers.

Jackie

[arwensun1965 1]

I think the answer here is no you probably can not file, he still has to go to court and if he gets found guilty then you will have trouble at the interview stage. Which country is he in? Has he got a Lawyer? You need to find out a little more. Good luck .

Janice

[Jenn! 918]

What was the charge?

[Caladan 19]

The beneficiary's police record isn't requested until the interview. When you get the packet from the embassy one of the forms (don't recall which one) has one question that asks you to check if you were arrested or convicted of any crime.

If your husband isn't going to be tried and/or sentenced for three years, sending off the forms next week is probably premature. A consultation with a lawyer familiar with your embassy is probably very wise.

What is the accusation?

[needhelpnow 0]

The beneficiary's police record isn't requested until the interview. When you get the packet from the embassy one of the forms (don't recall which one) has one question that asks you to check if you were arrested or convicted of any crime.

If your husband isn't going to be tried and/or sentenced for three years, sending off the forms next week is probably premature. A consultation with a lawyer familiar with your embassy is probably very wise.

What is the accusation?

Well the actual court date isn't known for a certainty so we're going to gamble and send it in anyways in the hopes that it is shorter. He's not exactly sure what this particular district is like so we're going to just take it one day at a time and do our best.

The charge is something that was planted on him by the jerks that did this to him if that is any clue. I'd rather not say right out what it is. Basically it's something that happens often in this country. The fact that he was only in jail for two days is promising I guess. They beat the ####### out of him just for the heck of it, which is also very common there unfortunately.

Basically we will file and inshallah when it gets to the interview hopefully this will all be a done deal in a good way. It will take about 6 to 9 months to get an interview anyways so maybe we'll get lucky. He doesn't have a prior record or anything like that so who knows. I'm so numb now anyways but I do have hope so I guess that is good. lol.

Thanks

[Caladan 19]

You probably should talk to a lawyer familiar with the consulate he will go through. "Something that often happens in this country" doesn't necessarily mean "admissible without a waiver." Best of luck.