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  1. #1
    Join Date
    Jul 2010
    Posts
    2

    Default Non-Immigrant Visa After Immigrant Denial

    Hello people,

    Need help please. First let me tell the story. I am a US citizen.

    My brother was in the US for 6 month abount 4 years ago. Before he got to US he was a fabricated case against him, convicted and given conditional sentence. Never was arrested. When applying he did not lied about convictions, and arrests, answerd "NO" because there was none. It happend in Uzbekistan, I do not want to raise issues of corruptions here. But anyhow, he came here, never violated anything. Came back. Then he won a DV after about 1 after returning, and started the process. As you may guessed he was denied based on this conditional sentense. After this sentence almost 5 years past, all these bs was vocated, nothing on his record back in Uzbekistan now. So, now I have a questions:

    What will be the best stretegy and posibility to obtain a non-immigrant visa for my brother? He applied with DV before, does it constitute his immigrant status? If so, is there any chance to get the non-immigrant visa.

    Thanks for your help in advance.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Non-Immigrant Visa After Immigrant Denial

    Quote Quoting dimon
    View Post
    When applying he did not lied about convictions, and arrests, answerd "NO" because there was none.
    So you're stating that he did not lie about being arrested, because he wasn't arrested, but that he did lie about being charged and about his disposition? On what exact immigration document(s) did he claim not to have any criminal history?

    What is the exact INA section that was cited as the basis for his exclusion when he was caught? If he was found to have committed fraud while attempting to gain a visa, he may be permanently barred from entry into the U.S.

  3. #3
    Join Date
    Jul 2010
    Posts
    2

    Default Re: Non-Immigrant Visa After Immigrant Denial

    I guess I did not explain myself right...when he applied for the non-immigrant, he NEVER lied about anything....there was no charge, on the fabricated case he was as witness...they were trying to drain money out from him...so he never lied, and was granted the VISA...then they finished the court, made the conditional sentence...so there were never any formal charge, all was settle in court...I know it is sounds crazy, but you will be supprised what few 000s can do to the "judge" opinion...so they set the process, and then accused him...but during the application process and VISA interview there was no lie...ok, then he came here, stay here, no violations...went back...conditional sentence kept ticking....he won the DV lottery and went through the process, when asked to bring the paper from the authorities...his showed that sentence....dinial as a result...now all his records are clean with the authorities..sentence gone, and it was petitioned by the prosecutor...which makes matter even funnier...so I want to see what will be the best way for him to get here

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