QUESTION
How does my arrest record affect the I-485 application?
Asked on May 15th, 2012 on Immigration - Florida
More details to this question:
I am about to file my AOS application, and have a question about an incident that happened in 1995 in Canada. I was arrested, charged with assault (against my wife at the time, now my Ex). I do not recall whether I pled guilty or not. What I do remember is that the case was dismissed/withdrawn later (in 1996) in exchange for a PeaceBond, which I kept. Hence there was no criminal conviction. I requested a criminal background check from the Canadian authorities (i.e., RCMP) and it showed that I had to record of criminal convictions.However, given that there was an arrest record dating back to 1995, I had to answer YES to the arrest question on the I-485 form (in fact, USCIS is probably aware about this since I have been asked once at a POE). The only Police Record I was able to obtain was incomplete: it does not indicate that the case was disposed of, giving the false impression that the case is still ongoing, when it is actually not. Unfortunately, due to relocation, I have lost the file containing any records about this case, including details about its disposition. Since January of this year, I have tried to contact the courts, police service and the lawyer who worked on the case to see if I get any details about its disposition. The lawyer claimed he no longer has those case records. I called the Police division in Canada responsible for the arrest. They agreed that it was odd that their records was not complete, and they are unable to track any information from their end about how the case was concluded. The last resort, the Police told me is to manually search their paper archives, containing close to 100 thousands of cases to see if they can track it, but there is no guarantee. I also contacted the the court where I recall the case was held, and they are unable to track any details about the proceedings in their information systems. So I have hit a brick wall. All I have is a cert
5 ANSWERS
Assault Attorney serving Richardson, TX
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I have considerable experience dealing with cases similar to yours and can advise you that it will be a long and difficult effort to succeed. You will need legal help, either through an agency like Catholic Charities or other provider of legal help or a private attorney with experience in both criminal and immigration cases. If you try without help, it will be extremely risky.
Answered on May 22nd, 2012 at 6:53 PM
Immigration Law Attorney serving Los Angeles, CA
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Law Offices of Alan R. Diamante APLC
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You need to get certified letters from the police and the court that there is no record. You should not have problem.
Answered on May 21st, 2012 at 1:09 PM
Business Law Attorney serving Atlanta, GA
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Elkhalil Law, P.C.
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Not really you did not hit a brick wall. Always disclose your arrest to the USCIS on any application you submit to them. If you cannot find the records, ask the court, the police, or your lawyer to give you letters that they are unable to locate or find the records and submit same to the USCIS with your application. If the record show that you are convicted, you may have to file for a waiver.
Answered on May 18th, 2012 at 3:13 PM
Immigration Attorney serving Arlington, TX
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Law Office of Pho Ethan Tran, PLLC
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Unless you admit to the elements of a crime, only a conviction can be used against you. However, during the processing of your application, immigration may request you to provide certified copies of the arrest report and court disposition. Unless you provide them with those records or documentation from Canada (a letter from the police or court) that the records are unavailable or could not be found, immigration may still deny your case for failing to respond to a request for evidence.
Answered on May 18th, 2012 at 3:11 PM
Immigration Law Attorney serving Orlando, FL
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Stoller & Moreno, P.A.
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I think that the answer is a certified record search from the Royal Canadian Mounted Police. I ran into a similar issue with a Canadian national some years back and I was able to send his fingerprints (obtained with the assistance of a local law enforcement agency) and we submitted this to the immigration authorities here in Florida. My client obtaind his green card and is now applying to become a US citizen. So I think that there is a way to handle your case and I would look into the RCMP background search. As I recall, information from the RCMP site is available and it sets forth the process and costs of obtaining thes records. At the same time, I would also suggest that you discuss your case with an attorney. There is some question of foreign law here and while ultimately it looks like it is not all that big of a deal, you never know what you are going to get with a CIS officer and you probably want someone to speak the language of the immigration law with the officer reviewing your case rather than trying to explain what you understand, the office explaining to you what he/she understands and having major confusion. Hope this helps.
Answered on May 18th, 2012 at 2:27 PM