I-485 Convictions Question

Old Jun 9th 2014, 2:20 pm
  #16  
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Default Re: I-485 Convictions Question

So, after a call to the Magistrates Court, which yielded nothing except advice to call the police to find the original court date (that never happened!), I contacted the police 'freedom of info' line and they told me to do a Subject Access Request to ACRO, and the arresting police force, to provide full records of arrests and subsequent actions - this is not the same as the ACRO police certificate but a more detailed record of police history.

Unfortunately, this can take 40 days from receipt of the request to be sent, and my interview is on July 9th!!

Does anyone know if attending the interview without this, and only taking what I have (the ACRO certificate) would result in them delaying approval until I supplied the required documents? OR, would it be more sensible to postpone the interview until I have all I the information I can get regarding the court case (as in, proof that it didn't proceed to court)?
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Old Jun 10th 2014, 3:46 pm
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Default Re: I-485 Convictions Question

Anyone?
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Old Jun 10th 2014, 3:55 pm
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Default Re: I-485 Convictions Question

Originally Posted by captainsensible
Does anyone know if attending the interview without this, and only taking what I have (the ACRO certificate) would result in them delaying approval until I supplied the required documents?
Go to the interview, even if it results in a delay.


OR, would it be more sensible to postpone the interview until I have all I the information I can get regarding the court case (as in, proof that it didn't proceed to court)?
What's your risk tolerance for complete failure? If you try to reschedule and that info doesn't get to the right person, you'll be considered a "no show" and your case file will be summarily closed. That is not something you want... and trying to reopen a case is a royal PITA.

Ian
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Old Jun 10th 2014, 3:59 pm
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Default Re: I-485 Convictions Question

Originally Posted by ian-mstm
Go to the interview, even if it results in a delay.



What's your risk tolerance for complete failure? If you try to reschedule and that info doesn't get to the right person, you'll be considered a "no show" and your case file will be summarily closed. That is not something you want... and trying to reopen a case is a royal PITA.

Ian
Thanks Ian, you have confirmed what I was thinking was the better option, on the basis that they should not simply decline the application on the basis of not having any court record but rather delay approval until I can provide it.

I've also approached the solicitor firm that handled the case originally, although they have now been taken over by another firm, and the solicitor that handled my case is now deceased, so I am not holding out much hope on that front!!
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Old Jul 9th 2014, 2:06 am
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Default Re: I-485 Convictions Question

Well, interview tomorrow so crossing everything! I got a response last week from Thames Valley Police in response to my SAR and they told me they couldn't locate any records of my arrest, so I am taking that letter as at least some kind of evidence (not least that I have tried to obtain whatever records do or don't exist!).

Am hoping it won't even be an issue though!
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Old Jul 9th 2014, 5:49 pm
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Default Re: I-485 Convictions Question

Originally Posted by captainsensible
Hi,

I am in the process of completing the I-485 form for the purposes of concurrent filing.

One of the questions relates to having been previously arrested, etc. As I have been previously arrested, in the UK many years ago, and this was disclosed and an ACRO certificate provided for my E2 Visa application do I have to supply the certificate again?
I included a copy of my ACRO cert with my I-485 application. Upon interview, the officer took a copy of the original certificate. I kinda wish they hadn't, but my fault for brining it I guess or not getting a copy.
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Old Jul 9th 2014, 5:55 pm
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Default Re: I-485 Convictions Question

Originally Posted by captainsensible
So, after a call to the Magistrates Court, which yielded nothing except advice to call the police to find the original court date (that never happened!), I contacted the police 'freedom of info' line and they told me to do a Subject Access Request to ACRO, and the arresting police force, to provide full records of arrests and subsequent actions - this is not the same as the ACRO police certificate but a more detailed record of police history.

Unfortunately, this can take 40 days from receipt of the request to be sent, and my interview is on July 9th!!
Don't panic. I requested a SAR a couple of years back and received initial contact within 48 hours of submitting the request. Once you have a contact, you can call / email them and explain the urgency of the situation. They can hopefully arrange for the certified extract(s) to be PDF'ed to you.

Mine were sent my mail. I had to include proof of address iirc, so I'm not sure they could be sent to a UK residence (unless you have any proofs of address for that address like a credit card bill etc?).

Does anyone know if attending the interview without this, and only taking what I have (the ACRO certificate) would result in them delaying approval until I supplied the required documents?
I didn't take a copy of my SAR to the interview, nor did I include them in my AOS package. I had certified court extracts showing that my prosecution was withdrawn, however, so slightly different situation to you.

OR, would it be more sensible to postpone the interview until I have all I the information I can get regarding the court case (as in, proof that it didn't proceed to court)?
No, don't do that. Attend the interview. The worst that can happen is they say they need the records, and re-schedule. They may see your ACRO cert and simply approve you on that basis.
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Old Jul 9th 2014, 5:56 pm
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Default Re: I-485 Convictions Question

Originally Posted by captainsensible
Well, interview tomorrow so crossing everything!
So - how did it go??
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Old Jul 9th 2014, 7:16 pm
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Default Re: I-485 Convictions Question

Just got out - approved! Wasn't even an issue! I was asked one question about it and didn't even show my ACRO certificate or the response to my SAR.

Funny thing (or very nearly not funny) was that we were almost marked down as a no show despite getting there 45 minutes early because the reception didn't register our arrival!! It was only because one of the other officers recognized my picture and told my officer that we were sitting there that saved us!!! Phew!!
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Old Jul 9th 2014, 7:27 pm
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Boom. Good result.
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Old Jul 9th 2014, 9:35 pm
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Default Re: I-485 Convictions Question

Originally Posted by captainsensible
Just got out - approved!
Excellent! Well done.

Ian
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Old Jul 10th 2014, 1:45 pm
  #27  
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Default Re: I-485 Convictions Question

Thanks!
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