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How do someone know if they has a criminal record: Immigration status

Asked almost 13 years ago in Criminal Defense

Yunior’s answer: Your question is not very clear, but if you are asking what typically constitutes criminal records, it generally includes things such as criminal arrests and court dispositions (decisions). You may generally obtain arrest reports from the arresting agency (i.e. police) and court dispositions (outcome) from the court in which the criminal case was adjudicated (decided). Some states offer a way to obtain a criminal history report by contacting the state agency in charge of such records, and typically this will include a general report of arrests. A criminal history report may also be obtained from the FBI as provided on their website. Keep in mind that nobody is in a better situation to know if they have committed a crime than the person committing the crime. I point this out because it is important to realize that when, for example, immigration, questions someone regarding crimes, they are asking a person to respond truthfully, and the fact that a crime may somehow not be reflected in a given report for any reason (including errors), does not make that crime not subject to disclosure – a crime is a crime. Additionally, note also that immigration typically includes a question which asks if you have committed a crime for which you were not arrested. In essence, be very careful in your responses to immigration because you may find yourself in a situation where immigration determines that you have lied to them, which could result in serious consequences, including situations where not even a waiver is available to you. Of course this answer is not specific to you or your question, especially to the extent that I do not really know what you are ultimately asking. I hope this helps, however. When pursuing an immigration process, especially when crimes are involved, I always strongly recommend that one use a knowledgeable attorney specializing in immigration law.

Answered almost 13 years ago.


Do I have to go into details if I was found not guilty?: I am removing my conditions of my 2 years conditional gc based on marriage. I was arrested for domestic violence but found not guilty (we both were charged and invoked marital privilege against each other). Now I read on the I 751 that if I answered yes to questions number 20 I will have to ad a page with detailed information and a court document. Is it not enough to send the court document stating that I have been found not guilty? SO I have to tell them in detail what happened? Thank you!

Asked almost 13 years ago in Immigration

Yunior’s answer: It is important to note that immigration forms change on a fairly regular basis, so what you are refereeing to as question 20, may not be the same question on a different edition of the form. I believe you are referring to the question with regard to prior arrests. Refer to the instructions to Form I-751 which provide significant guidance as to what is needed in the various possible scenarios surround crimes. Generally, and likely the case in your specific scenario (where there appears to be an arrest and court disposition if not guilty), you will need to provide the basic documents which are always needed. Specifically, certified copies of the arrest/police reports and certified court dispositions for all cases. Additionally, keep in mind that if your case is set for interview with immigration, you will likely be asked about the case. In my opinion, especially in situations like yours, where there are crimes involved, it is best to have the petition prepared by a knowledgeable attorney specializing in immigration law, and if the case is set for an interview with immigration, for the attorney to attend such interview with you. Often times if the I-751 is prepared and filed in a thorough and legally sufficient manner, immigration does not require an interview, but rather approves the petition and sends the new permanent resident card by mail. Remember the old saying: a stitch in time saves nine.

Answered almost 13 years ago.


Changing biometrics appointment for N400.: I have filed N400. I cant make it to biometrics appointment date which is 3 weeks from now. Rather than mailing them the letter asking to reschedule, i think it would be faster if I can go to USCIS office, which is near by house. Currently I have a leg cast and cant walk. So, can my parents go the USCIS office with my signed reschedule request letter.

Asked about 13 years ago in Immigration

Yunior’s answer: You may also, in an abundance of caution, mail a brief requests for your needed change (to the address indicated at the bottom of the I-797. It is also always a good idea to send the letter via certified mail or at least with delivery confirmation, and of course keep a copy of the letter and I-797 for your records. If you can go before your scheduled time and date (avoid Mondays and Fridays), especially with your condition, you would likely be allowed to have your fingerprints taken that very day.

Answered about 13 years ago.