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  1. #1
    Join Date
    May 2012
    Posts
    5

    Default 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

  2. #2
    Join Date
    May 2012
    Posts
    126

    Default Re: Arrest Record and I-485 Application

    Just be truthful with them - they will access the records and verify what your status is....if you have no conviction that's it - they may look into what the exact circumstances were IE bar fight vs punching out an old lady or whatever.

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