ExpertLaw.com Forums

Arrest Record and I-485 Application

Printable View

  • 05-12-2012, 04:58 PM
    PundaSmith
    Arrest Record and I-485 Application
    Hello,

    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 and fingerprinted. But the case was dismissed later (in 1996) in exchange for a PeaceBond, which I kept. Hence there was no criminal conviction. I request a criminal background check from the Canadian authorities (i.e., RCMP) and it showed that I had to record of 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 prove that there was an arrest, but 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.

    I have been tracking this file since January this year to no avail: I called the Police Office in Canada, as well as the courts where I recall the case was held, and they are unable to track any details about the proceedings in their information systems. The last resort for the police is that they may have to comb through their archives, containing thousands of files to track it - but they are not sure whether that would be successful given that they can't even find my name in their computer systems.

    So I have hit a brick wall. All I have is a certified criminal background check from Canada indicating that there is no criminal conviction on file. My I-485 application is ready to be filed. Is it worth spending another six months pursuing and tracking these records regarding how the case was disposed of? In the absence of these records, how else can I explain my predicament - that the case was disposed of with a Peace Bond? For example, would a letter from the Police indicating that they are unable to attest to the case disposition be enough?


    Thanks - Punda Smith
  • 05-14-2012, 07:37 AM
    Mr. Knowitall
    Re: Arrest Record and I-485 Application
    If it would take you six months of effort to track down the records, perhaps it is time to retain a law firm in the Province in which you were charged to obtain the records you need. I doubt it would take a Canadian lawyer very long to secure documentation of the dismissal. This is a U.S. forum so, although there's a small chance somebody familiar with the records system in the unidentified province might come along, it's not something we can walk you through.
  • 05-16-2012, 09:55 AM
    PundaSmith
    Re: Arrest Record and I-485 Application
    M. Knowitall, thanks for your response. Indeed, I want to ask my lawyer to contact another criminal lawyer from the Province to track down the case. But since I have contacted all the likely sources of such documentation and verified that there is none, I am hoping the hired lawyer can come up with something.

    My question however is what would be the worst case scenario is we are unable to secure documentation of the case dismissal? Would a letter from the police department and the courts that they are unable to locate the records be ok?

    Rgds, Punda
All times are GMT -7. The time now is 07:53 PM.
Powered by vBulletin® Version 4.2.4
Copyright © 2023 vBulletin Solutions, Inc. All rights reserved.
Copyright © 2004 - 2018 ExpertLaw.com, All Rights Reserved