QUESTION
What can be done if USCIS is asking for a disposition of the case but county clerk says none exist?
Asked on Dec 18th, 2012 on Immigration - Louisiana
More details to this question:
I was arrested along with others on auto theft. I was bailed out and hired a lawyer which I only saw once and apparently he took care of it. I told USCIS I had been arrested and now they are asking for a disposition along with a police report. Police report is on its way but when I went to go get a disposition from the county clerk, they told me that I don't have one since the case never went to court, is what the county clerk says. What do I do in this case?
6 ANSWERS
Immigration Law Attorney serving Los Angeles, CA
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Law Offices of Alan R. Diamante APLC
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Get a certified letter from the court stating that nothing has been filed in your name.
Answered on Dec 21st, 2012 at 12:33 AM
Immigration Attorney serving Torrance, CA
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Marie Michaud, Attorney At Law
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Simply go back to the court, ask for a letter that there is no case against you and that there was never a case against you. Make sure it is certified.
Answered on Dec 21st, 2012 at 12:14 AM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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There is a form letter that most court clerks have that basically says that they made a search and no records were discovered. Go back to the clerk's office and ask for this letter. That should be enough for USCIS.
Answered on Dec 21st, 2012 at 12:07 AM
Civil Litigation Attorney serving New York, NY
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Havens & Lichtenberg PLLC
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After you receive the arrest record: First, go back to the county clerk and ask for a certificate stating that there is no record of disposition. The clerk will not want to do that, but you have to convince her to help you, pretty please. Bring with you the Request for Evidence letter that USCIS sent you, and the arrest record. Second, go to the District Attorney's office and ask for a letter stating that no charges were brought against you. Again, they do not have to give it to you, so you will have to ask for help. If you do not get these two papers, you will have to retain an attorney to do it for you. Retaining an attorney would be a good idea, anyway, because you do not want the USCIS to see your arrest record (which will likely result in denial of your application and, possibly, in your being placed in removal proceedings).
Answered on Dec 19th, 2012 at 2:21 PM
Contact the lawyer who took care of it and see what he/she has in the records.
Answered on Dec 19th, 2012 at 2:14 PM
Stanley Stephen Spring
If it's Louisiana and charges were dismissed there should have been a transmittal on disposition sent to LSP crime bureau. Arrest is subject to expungement as well.
Answered on Dec 19th, 2012 at 1:20 PM