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Old Mar 18th 2008, 1:22 pm
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Default Need Advice

For my coming I485 interview, the USCIS have requested a certified court disposition of my arrest 10 years ago in my home country. It was a minor incident and was taken to the police station and after the officer entered the info on his computer, 45 minutes later I left. Never went in front of a judge and never heard anything. When I applied for AOS, I've requested my criminal records from my home country and there is nothing. Today I've talked to a criminal lawyer from my country to hire him to get me this certified court disposition and he said since I was never brought in front of judge there is nothing such document and he can't do nothing. He said my name may be on a data that list any arrest. But the police didn't pursue it. What can I do now if I can't bring this certified court disposition that doesn't exist? Sure, I can explain my situation to the adjudication officer, but will he buy into it? I know it's so different from how arrests go here. Can they deny me because of this? I appreciate any advice.
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Old Mar 18th 2008, 3:26 pm
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Default Re: Need Advice

Originally Posted by Ocean11
For my coming I485 interview, the USCIS have requested a certified court disposition of my arrest 10 years ago in my home country. It was a minor incident and was taken to the police station and after the officer entered the info on his computer, 45 minutes later I left. Never went in front of a judge and never heard anything. When I applied for AOS, I've requested my criminal records from my home country and there is nothing. Today I've talked to a criminal lawyer from my country to hire him to get me this certified court disposition and he said since I was never brought in front of judge there is nothing such document and he can't do nothing. He said my name may be on a data that list any arrest. But the police didn't pursue it. What can I do now if I can't bring this certified court disposition that doesn't exist? Sure, I can explain my situation to the adjudication officer, but will he buy into it? I know it's so different from how arrests go here. Can they deny me because of this? I appreciate any advice.
A letter from the Lawyer saying there is no record would be helpful ...
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Old Mar 18th 2008, 5:01 pm
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Default Re: Need Advice

My husband needed a police/court record from Turkey. When he went to the courthouse, they issued him a document saying there was nothing on his record. Perhaps there is a document you can get like this from your home country.

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Old Mar 19th 2008, 12:07 am
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Default Re: Need Advice

Originally Posted by Ocean11
Today I've talked to a criminal lawyer from my country to hire him to get me this certified court disposition and he said since I was never brought in front of judge there is nothing such document and he can't do nothing.
I agree with Ray... have the lawyer write a letter saying that no such court information is available.

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Old Mar 19th 2008, 12:50 am
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Default Re: Need Advice

Thanks all for the advice. I will ask the lawyer and hope he make it.
To Noorah, I am in the US and can't go to my home country to get something. My interview is next week. In case I have a difficult adjudication officer, can they deny my I485?
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Old Mar 19th 2008, 3:02 am
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Default Re: Need Advice

Originally Posted by Ocean11
Thanks all for the advice. I will ask the lawyer and hope he make it.
To Noorah, I am in the US and can't go to my home country to get something. My interview is next week. In case I have a difficult adjudication officer, can they deny my I485?
I suppose the officer CAN deny it, but more likely they will just give you more time to get the document they requested, or more time to get the proof they are looking for.

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Old Mar 19th 2008, 3:20 am
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Default Re: Need Advice

Get the local Police Station that would have the original documents help you in this matter call them and request a letter stating that you need it and tell them your situation I know an expat here in the US that did that and it was enough for the interviweing officer when he went with his wife for AOS.
It will add to thier request its not what they asked for but it could be enough as in my buddys case.
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Old Mar 19th 2008, 9:32 am
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Default Re: Need Advice

Well, I've called the police station and no one is wiling to help. This is happened 10 years ago and they don't want to look at it. Over the past 2 days, I've spent my days calling different numbers and lawyers there with no results. The problem no one knows where to get something. I just want to add I was never aware I was arrested until I get this request from the USCIS, then I remembered I was taken to the police station that year, but at that time I was never told I was arrested. I was never handcuffed no fingerprinted. They just requested my ID and entered the info and then I left shortly after.

Last edited by Ocean11; Mar 19th 2008 at 9:35 am.
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Old Mar 19th 2008, 9:37 am
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Default Re: Need Advice

Originally Posted by Ocean11
Well, I've called the police station and no one is wiling to help. This is happened 10 years ago and they don't want to look at it. Over the past 2 days, I've spent my days calling different numbers and lawyers there with no results. The problem no one knows where to get something. I just want to add I was never aware I was arrested until I get this request from the USCIS, then I remembered I was taken to the police station that year, but at that time I was never told I was arrested. I was never handcuffed no fingerprinted. They just requested my ID and entered the info and then I left shortly after.
You can always write up an affidavit of what happened yourself, and present that to the USCIS officer at your interview. Bring along all the proof that you've tried to track this down with no results. Who knows, maybe she will let it go if you give her a written statement and show that you can't obtain the requested document.

If she STILL needs something from you, she will give you time after the interview to obtain it.

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Old Mar 19th 2008, 10:35 am
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Default Re: Need Advice

Originally Posted by Ocean11
For my coming I485 interview, the USCIS have requested a certified court disposition of my arrest 10 years ago in my home country. It was a minor incident and was taken to the police station and after the officer entered the info on his computer, 45 minutes later I left. Never went in front of a judge and never heard anything. When I applied for AOS, I've requested my criminal records from my home country and there is nothing. Today I've talked to a criminal lawyer from my country to hire him to get me this certified court disposition and he said since I was never brought in front of judge there is nothing such document and he can't do nothing. He said my name may be on a data that list any arrest. But the police didn't pursue it. What can I do now if I can't bring this certified court disposition that doesn't exist? Sure, I can explain my situation to the adjudication officer, but will he buy into it? I know it's so different from how arrests go here. Can they deny me because of this? I appreciate any advice.
Hi:

A certified letter or certificate from the court that no record exists. I've done it all the time from US courts.

This is a fairly common situation of what California lawyers call a "DA reject" or a "non-file."
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Old Mar 19th 2008, 12:19 pm
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Default Re: Need Advice

Thanks. I will try this.
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