QUESTION
Do I need to say yes and submit the Certified Copy from Court about the Removal of my Court Record for filing I-485?
Asked on Mar 15th, 2017 on Immigration - Georgia
More details to this question:
I was involved in a car accident and arrested for DUI in November 2014. I failed the sobriety test and officer held me for the night. I also refused to take the breath analyzer. Later, I worked with my attorney to plead not-guilty and get my arrest record removed and destroyed. I was charged with the suspension of my license and other penalties but the District Court Ordered/Adjudged/Decreed to seal the court records and destroy all the Police/Bureau of Criminal Identification Records on my File. I was on H1B visa when the incident took place. After that, I went to India and got my visa stamped: US Consulate asked to submit the Medical Tests before approving my visa as I declared Yes for the Arrest Question in my DS-160 Form. I was given entry to USA without any further questions from CBP. This year, I will be filing the I-485 and want to understand if I should say Yes to the below Question: "Have you Ever, in or outside the United States Been Arrested, cited, charged, indicted, convicted, fined or imprisoned for breaking or violating any law or ordinance, excluding traffic violations"?
1 ANSWER
With any immigration application it is essential for an applicant to provide information truthfully, and since indeed you were charged with an offense that is other than a traffic violation you should identify that matter and be ready to supply a complete set of court-certified disposition documents. Despite sealing of a criminal offense file or even full expungement of a court case, the USCIS will know about it from the very extensive background checks it conducts in an adjustment of status application process. While the offense you described shouldn't stand in the way of eligibility, failure to disclose it indeed may stand in the way of eligibility. It would be wise for you to work with an immigration attorney who, after learning all of the relevant information and seeing the court-certified disposition documents, could advise about eligibilities, options and strategies to attain your goals, and who then could offer legal representation in the often complex application process.
Answered on Jun 08th, 2017 at 6:05 PM