Imminewbie30
New Member
Hello all... I was hoping someone here might be able to help me out.
My husband is applying for an I-485 AOS. He came to the US on an F1 Student Visa, we met and have been together 5 1/2 years now. We married last August.
We've been going through the AOS process and had our interview about a month ago, but here's some background first.
Husband was arrested in 2004 for misdemeanor theft, and went through the diversion program. The case was expunged from his records and we submitted a court certified copy stating this.
Husband was also arrested in 2006 for class b misdemeanor marijuana possession. When we submitted the paperwork packet, it included a summary stating when he was sentanced, the fine due, and the fact that it was paid out.
Fast forward to our interview: The officer asked if we had court certified docs regarding these cases. We had the certified copy of the expungement for the first case, but nothing on official letterhead for the 2nd (it happened in a different state, across the country). He stated that they would need the information from the second case in certified form. Since I know how it can go with them, I asked if we could go ahead and send that in as soon as we got it and he said it was fine and gave me the address. He said he wasn't sure about the first case, since it was expunged he didn't know if we needed additional documents other than what we'd submitted.
I receieved the paperwork for the second case within 2 weeks of our interview and mailed it without receieving an official request. It seems to me like my letter crossed paths with the request letter, because a few days later I receieved a request for more information, but it does not state in detail what is needed case by case. So I am wondering if what I already sent to them will suffice. Maybe someone with a background in law can help explain??
Here's the wording from the letter:
"Submit certified copies of all your arrest records, from the clerk of courts where the charges were heard, showing the full charges or complaints, all police reports, all court records, the final dispositions of the cases, and proof the sentances have been satisfied.
Original Certified copies of Court Dispositions: Submit copies of the final court dispositions for all of the crimes you have been arrested for and charged with. Each disposition must reflect guilt or innocence. The dispositions must originate from the court(s) that have/had jurisdiction over your charges.
The court dispositions must be obtained from the court of record, NOT from the arresting police dept or sherriffs office. The certified copies must be legible and indicate whethere a sentence or conviction was imposed or if the case was dismissed with reason. The document(s) must include information on the arrest, indictment, conviction, and sentancing. Obtain the disposition of the violation from the court where the case was heard. If the violation(s) was dismissed, provide evidence of dismissal from the court.
Where a record does not exist, you must submit an original written statement on government letterhead, establishing the non-existence of the record from the relevant govt agency. The statement must indicate the reason the record does not exist. *Note: all copies must be clear and legible; all copies must be submitted at one time.
Please return this letter and your attachments with your response."
OK, so here is what they have:
First Case:
A Court Certified document stating that : "The person was not convicted in the case; that no criminal proceedings are pending against the person; and the interests of the person is have the records pertaining to the case sealed are not outweighed by any legitimate governmental needs to maintain such records. Therefore, it is hereby ordered that all official records pertaining to this case shall be sealed, all indexed references thereto shall be deleted, that the proceedings in said case shall be deemed not to have occurred, and that the applicant's record of arrest and non-conviction shall be sealed..."
(The officer received this at the interview)
Second Case:
Court Certified Documents:
Complaint, Information, Bail Bond, Judgement on Deferred Sentance, and a letter of certification stating that all of the above are true and exist on file in their office.
(Mailed these before receiving a request letter).
Now, do you think I sit back and wait? I am not sure if they need anything else. I can't call the local office, and I'm not sure what to do. Do you think what they have satisfies what they ask for? Or do I need to try to dig up the info on the first case?
Also, what are the likely effects of these arrests on our (his, technically) chances of him getting the I-485? He already receieved his EAD and AP, so I am quite confused as to how this might affect him.
....Sorry so long, but you can probably see why I'm a bit overwhelmed!
My husband is applying for an I-485 AOS. He came to the US on an F1 Student Visa, we met and have been together 5 1/2 years now. We married last August.
We've been going through the AOS process and had our interview about a month ago, but here's some background first.
Husband was arrested in 2004 for misdemeanor theft, and went through the diversion program. The case was expunged from his records and we submitted a court certified copy stating this.
Husband was also arrested in 2006 for class b misdemeanor marijuana possession. When we submitted the paperwork packet, it included a summary stating when he was sentanced, the fine due, and the fact that it was paid out.
Fast forward to our interview: The officer asked if we had court certified docs regarding these cases. We had the certified copy of the expungement for the first case, but nothing on official letterhead for the 2nd (it happened in a different state, across the country). He stated that they would need the information from the second case in certified form. Since I know how it can go with them, I asked if we could go ahead and send that in as soon as we got it and he said it was fine and gave me the address. He said he wasn't sure about the first case, since it was expunged he didn't know if we needed additional documents other than what we'd submitted.
I receieved the paperwork for the second case within 2 weeks of our interview and mailed it without receieving an official request. It seems to me like my letter crossed paths with the request letter, because a few days later I receieved a request for more information, but it does not state in detail what is needed case by case. So I am wondering if what I already sent to them will suffice. Maybe someone with a background in law can help explain??
Here's the wording from the letter:
"Submit certified copies of all your arrest records, from the clerk of courts where the charges were heard, showing the full charges or complaints, all police reports, all court records, the final dispositions of the cases, and proof the sentances have been satisfied.
Original Certified copies of Court Dispositions: Submit copies of the final court dispositions for all of the crimes you have been arrested for and charged with. Each disposition must reflect guilt or innocence. The dispositions must originate from the court(s) that have/had jurisdiction over your charges.
The court dispositions must be obtained from the court of record, NOT from the arresting police dept or sherriffs office. The certified copies must be legible and indicate whethere a sentence or conviction was imposed or if the case was dismissed with reason. The document(s) must include information on the arrest, indictment, conviction, and sentancing. Obtain the disposition of the violation from the court where the case was heard. If the violation(s) was dismissed, provide evidence of dismissal from the court.
Where a record does not exist, you must submit an original written statement on government letterhead, establishing the non-existence of the record from the relevant govt agency. The statement must indicate the reason the record does not exist. *Note: all copies must be clear and legible; all copies must be submitted at one time.
Please return this letter and your attachments with your response."
OK, so here is what they have:
First Case:
A Court Certified document stating that : "The person was not convicted in the case; that no criminal proceedings are pending against the person; and the interests of the person is have the records pertaining to the case sealed are not outweighed by any legitimate governmental needs to maintain such records. Therefore, it is hereby ordered that all official records pertaining to this case shall be sealed, all indexed references thereto shall be deleted, that the proceedings in said case shall be deemed not to have occurred, and that the applicant's record of arrest and non-conviction shall be sealed..."
(The officer received this at the interview)
Second Case:
Court Certified Documents:
Complaint, Information, Bail Bond, Judgement on Deferred Sentance, and a letter of certification stating that all of the above are true and exist on file in their office.
(Mailed these before receiving a request letter).
Now, do you think I sit back and wait? I am not sure if they need anything else. I can't call the local office, and I'm not sure what to do. Do you think what they have satisfies what they ask for? Or do I need to try to dig up the info on the first case?
Also, what are the likely effects of these arrests on our (his, technically) chances of him getting the I-485? He already receieved his EAD and AP, so I am quite confused as to how this might affect him.
....Sorry so long, but you can probably see why I'm a bit overwhelmed!