Nol Prosique (spelling?)

[Melissa_31375]

I have a question....my husband EWI in May 2000 and we are in the process of me filing the I-130 I know because of his illegal presence he will be banned for 10 yrs....my question is do you think he will be eligible for the I601 waiver? Earlier this year he was charged with assualt and batter, Class 1 misdemeanor but it never went to court and a nol prosique was entered. Do you think this will effect his chances of eligibility of the waiver?

[dianna832]

The reason my husband was detained by ICE was because he was charged with two counts of Aggravated Assault. Turned out it was a setup, charges were dismissed and disposition entered as a NOLLE PROSEQUI. The immigration judge terminated proceedings. He stated that since there was no conviction, he had not broken any immigration law to their knowledge...

They later found out he had a visa overstay so he was re-entered into proceedings...

[aguafria]

I'll be able to let you know in a few weeks. My fiancé had a Noelle prosequi on a charge and the embassy (Honduras) asked for copies of the court documents to further determine eligibility. They had already informed him that he was eligible, but I guess when they ran the record check, they wanted more information.

[Laura]

I have a question....my husband EWI in May 2000 and we are in the process of me filing the I-130 I know because of his illegal presence he will be banned for 10 yrs....my question is do you think he will be eligible for the I601 waiver? Earlier this year he was charged with assualt and batter, Class 1 misdemeanor but it never went to court and a nol prosique was entered. Do you think this will effect his chances of eligibility of the waiver?

He should be eligible for the waiver, but he will most likely be put into the backlog at his waiver appointment because they'll want to more carefully review the circumstances.

[mandee3911]

If his crimes aren't deportable and he came on a visa. is he not eligible to adjust status here through the court??

[USnoiva]

So this would be an in-country I-601 to allow the eligibility for AOS, right?