Visa refusal because of conviction a crime, what to do?

[kotkanapowy 0]

7 hours ago, SusieQQQ said:

Well, you will have lost your chance at DV. I’m not sure what you mean by start everything again… enter the lottery again and hope to be selected again?

Yes, I ment DV lottery again, when 15 years have passed and we will be eligible for waiver. 

 

8 hours ago, Boiler said:

If you had won you could have got yours and then sponsored him and you would be able to file a waiver 

Or maybe.. I think that would be a good idea. 

[kotkanapowy 0]

6 hours ago, Jorgedig said:

Which is why you are not eligible for a waiver

But when 15 years after that crime passed, we will be eligible and able to try again? 

I understand that one of these two conditions is enough to qualify for a waiver.

[kotkanapowy 0]

7 hours ago, SusieQQQ said:

By the way for US immigration purposes you have to declare any convictions ever,  even if expunged in your home country.

I know, we even took a translation of the sentence for the interview. That conviction was the only one. 

 

[Austin96 15]

On 7/17/2021 at 10:39 PM, kotkanapowy said:

I am aware this consequences. That's why I am asking. 

This is document we get from Consular Officer in Embassy. He checked we are eligible for waiver. 

 

 

I read instructions for form I-601 at USCIS website and it says "...or if the crime was a CIMT, but you committed only one CIMT, for which the maximum possible sentence is 1 year or less of imprisonment, and the actual sentence you received was 6 months or less". That is true for my husband sentence, but in our country's law. There is something like expunge of criminal record, so he could get certificate of no criminal record. But I know it doesn't work in american law. 

 

Instruction for this form says also "At least 15 years have passed since the activity or event that makes you inadmissible, you have been rehabilitated, and your admission to the United States will not be contrary to the national welfare, safety, or security". If 15 years had passed, we would have had a better chance of success. But does the fact that 15 years have not passed yet mean that there are no such chances at all?

On the basis of what you have stated i.e. offence  sentence was less than 6 months, perhaps you may wish to consider the "petty offence exemption". This is wholly dependent on the statute applicable in your country under which your husband was convicted. In other words, if the maximum penalty for the crime committed was maximum a year of less under the laws of your country, then it is possible that you may fall under the petty offence exemption and therefore may not need to file the I-601. With respect, I have seem AAO cases, where the CO has failed to address or identify the petty offence.