Is there a way to request my complete A-file (via FOIA?) before filing for naturalization?

bcc8234 said:
This got me thinking. Do I need to get another certified copy of the dismissal for my arrest/charges? They already have it in my A file because I was required to provide it. Or will I have to include a new one for the same arrest?



This is what I want to do. But not sure if the IO would be understanding of this or not.

I'm going to try livescan/cardscan to see which of the cases/citations the state can dig up on me. I don't remember exact dates and I don't have any certified copies or proof that I paid (but I did pay all citations/fines). If the state's records shows up, then I'll include all three. If not, then just the ones that show up.

Since the smoking thing was over 10 years ago, I doubt they would still have records of it. So if I mention it but won't be able to provide all paperwork, I might end up in a bad situation.
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No... you include all whether LiveScan shows up anything or not.
Bad moral character is when you don't own up to your mistakes. State may not dig up issues that the FBI can/will dig up so don't go by that alone.

'Ever' means 'Ever', not 'If you think we'll find out anyway'.

I don't think you're going to have a problem on any of these as none are major issue.
This is a classic case where the penalty for hiding an issue is greater than the penalty for the issue itself.

If you get quizzed, own up to the mistake. IO doesn't make a denial in a vacuum. They need to get supervisor approval for denial because they need a good legal leg to stand on if challenged in court. So even if the IO tries to deny you citizenship, the Supervisor will probably override it.

Good luck. BTW, if you send for a FOIA, your file needs to go to DC. Then if you file before you get your FOIA results back, you'll be in suspense wondering whether your file is stuck in DC, or whether they 'found' something on you.
My recommendation, skip the FOIA request and file away...
 
GungaDin said:
No... you include all whether LiveScan shows up anything or not.
Bad moral character is when you don't own up to your mistakes. State may not dig up issues that the FBI can/will dig up so don't go by that alone.
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I think you misunderstood the OP. The OP is willing to disclose all three records on N400 but he is not sure if he disclosed all of them on I485 or not.
So he is concerned solely about possible inconsistency between N400 and I485 not about these record themselves.

If he did get FOIA result and find his did not disclose all three records on I485, then he need to make a decsion to only disclose on N400 those he already
disclosed on I485 or only disclose those already on I485. I'll say he will disclose all three records anyway then there is no point in filing this FOIA request.
He only need to think up a good explanation if there is inconsistency

So the bottomline is those three records are not issue but incosnistency between I485 and N400 is an issue he is worrying about. If the IO
see he dislcose a record on N400 but not on I485, will IO accuse him lying on I485?
 
WBH said:
I think you misunderstood the OP. The OP is willing to disclose all three records on N400 but he is not sure if he disclosed all of them on I485 or not.
So he is concerned solely about possible inconsistency between N400 and I485 not about these record themselves.

If he did get FOIA result and find his did not disclose all three records on I485, then he need to make a decsion to only disclose on N400 those he already
disclosed on I485 or only disclose those already on I485. I'll say he will disclose all three records anyway then there is no point in filing this FOIA request.
He only need to think up a good explanation if there is inconsistency

So the bottomline is those three records are not issue but incosnistency between I485 and N400 is an issue he is worrying about. If the IO
see he dislcose a record on N400 but not on I485, will IO accuse him lying on I485?
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The answer is really simple. OP got different advice now than when he filed for the I-485. OP decided that is was safer to disclose everything. (and do disclose 'everything' including that smoking citation).

OP has ample leeway on the 'big' issue as that was a case of mistaken identity (cop thinking a toy gun was a real handgun) and was not convicted of any crime.
 
I read somewhere (I think on this forum) about a case where an application was denied because the person could not provide IO with certified copies of arrest reports and/or dispositions. The applicant couldn't do it because the records were simply no longer available at that police precinct.

That was my rationale for only disclosing what shows up on livescan. If they have a record, it means I can request it along with proof that I don't owe any fines.

I'm thinking that I should disclose everything, but there is no way I can provide all records and proof of payment.

I just realized that the curfew thing happened in 2000, not in 2004. In 2004, the person with whom I got cited that night was already living on the west coast. So I got my time line messed up.

I can't remember the exact year, let alone specific day or month.

If there is no record and yet I say I did it, add to that the fact that it (possibly) wasn't on my I-485, would the IO insist that I somehow must produce all the accompanying paperwork?

And if they deny the application based on my failure to submit the supporting records for the things I disclosed, how would I be able to appeal since the state would no longer have those records either?
 
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bcc8234 said:
And if they deny the application based on my failure to submit the supporting records for the things I disclosed, how would I be able to appeal since the state would no longer have those records either?
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I'll say worry about just one thing at a time though you can plan ahead. Don't bother about how to appeal for now until your case is denied. For now just hope it will not get denied.
Just explain the record is sealed so that you can not get certified copy. Go to the court to get a statement that says the record is sealed etc.

I also wonder court seal a record to do the defendant a favor. If the defendant ask to re-open it, would court grant such request?Sometimes court even physicall destroy
the records so that no one can recover it.
 
bcc8234 said:
I read somewhere (I think on this forum) about a case where an application was denied because the person could not provide IO with certified copies of arrest reports and/or dispositions. The applicant couldn't do it because the records were simply no longer available at that police precinct.

That was my rationale for only disclosing what shows up on livescan. If they have a record, it means I can request it along with proof that I don't owe any fines.

I'm thinking that I should disclose everything, but there is no way I can provide all records and proof of payment.

I just realized that the curfew thing happened in 2000, not in 2004. In 2004, the person with whom I got cited that night was already living on the west coast. So I got my time line messed up.

I can't remember the exact year, let alone specific day or month.

If there is no record and yet I say I did it, add to that the fact that it (possibly) wasn't on my I-485, would the IO insist that I somehow must produce all the accompanying paperwork?

And if they deny the application based on my failure to submit the supporting records for the things I disclosed, how would I be able to appeal since the state would no longer have those records either?
Click to expand...

That case was really an exception - not the rule. Get a letter from the court that says there are no records and tht should be enough for most IOs.
Weigh that against a decision of 'Lying to gain an Immigration Benefit' and you'll see that the latter is much worse.
 
Weigh that against a decision of 'Lying to gain an Immigration Benefit' and you'll see that the latter is much worse.
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I know. And it would pretty dumb of me to lie about something that in itself wouldn't hurt my application.

But I need a good explanation of why that stuff wasn't included on my I-485, in case it wasn't included.

In any case, I'm not going to request FIOA. I looked into it, and I don't think I'll get the results back in time.
Instead, I'll request livescan results + records from departments of justice of three states in which I lived over the past 5 years. Hopefully, that would be enough to show that there aren't any outstanding arrests warrants against me. That would be the case if I didn't pay any of the tickets/summons.
 
I wonder if you can just check question16 17 ect yes and then write a note : "I aldready disclosed details on my I485
Please see details on my I-485 file". In this way, I485 and N400 are always consistent.
 
It would be great if I could do that. It would also take care of getting the court records, which is going to be tough since I moved to a different state.
They already have all the certified copies of dispositions and what not in my file.
 
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