Any help/guidance will be highly appreciated....specifically if from California immigration attorney!

Asked about 2 years ago - San Jose, CA

I have filed for AOS after marrying a U.S.Citizen girl.

I was arrested for a misdemeanor and i hired a criminal defense attorney who got the case DISMISSED via PC1385 without any conviction,probation.fine etc.

While filing the paperwork i sent the certified copy of court disposition and now i have received the interview appointment.....

My question is do i need to get the certified copy of the arrest report from police too or just take the original certified copy of court disposition only to the interview?

Thanking you.

Attorney answers (4)

  1. Ksenia Alexandrovna Maiorova

    Contributor Level 16


    Lawyers agree

    Answered . I always advise my clients to bring complete certified records, including the arrest report. You don't want to show up without it, and have your case stalled when the USCIS officer requests that you send it in. Better to be over-prepared than under-prepared.

  2. Carl Michael Balediata

    Contributor Level 7


    Lawyers agree

    Answered . you need to bring court certified copies of the complaint, judgment, and final disposition. That is all that the DAO will require to see if you are in San Diego or Los Angeles, it could be different in Northern or Central California so you might want to also do a LIVE SCAN which is what I believe the standard request for all USCIS AOs. The LIVE SCAN results are usually enough. Make sure your conviction does not render you inadmissible or removable by seeking an immigration attorney for guidance. Good Luck.

    The answer provided is based only on information provided does not guarantee any outcome or establish attorney-... more
  3. Dean P Murray

    Contributor Level 18


    Lawyers agree

    Answered . I agree with Attorney Maiorova. While it is highly unlikely that you will need to show USCIS the arrest report, I would have it in the unlikely event that it contains information that USCIS may need. I highly doubt, however, that it will be needed. If you cannot get it in time, I would not sweat it. If this answer was helpful, kindly consider marking it BEST ANSWER or HELPFUL. Good luck to you.

    Mr. Murray's response is NOT legal advice and does NOT create an attorney-client relationship. You should NOT rely... more
  4. Andrew James Vazquez

    Contributor Level 3


    Lawyers agree

    Answered . If the entire case was dismissed then there is no conviction. You should have the certified court disposition to show that is was dismissed. As for the arrest report, I would only take in the LiveScan report. If there is no conviction, the officer doesn't need to see the arrest report. The LiveScan report should take care of any issue (if the officer wants arrest information).

    If the arrest was for anything related to drugs or domestic violence you should consult with an experienced immigration lawyer before going to the interview to assist you in dealing with any question(s) the officer might ask in relation to the arrest.

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