NY Citizenship applicant with Minor Sealed Arrest

DanaS

Registered Users (C)
After the Interview:Minor Sealed Arrest-NY-SEE BELOW

I have read through the forum and this issue has been brought up a few times, but there were no follow-up posts about the outcome.

I have a sealed arrest that occurred when I was a minor in NYC in November of 2000, the charges were dropped and the arrest was dismissed. I was realeased without ever going to court before a judge. Currently, I have a lawyer, but I am not comfortable with his suggestions (“the documents that you already have are sufficient”). I sent what documents I had with my N-400 and I still got “Missing Evidence(s)….” I don’t have two documents that are outlined on the interview checklist (#1-court certified copy of sealing order and #2-complete certified arrest record) But I an unable to obtain these records or documents. I went to the courthouse and the police precinct and they told me that once these records are sealed, I cannot get any of the information. I was even told that the sealing order does not actually exist, since juvenile records are automatically sealed. My question is, Has anyone out there who has successfully become a US Citizen ever had to deal with this? Any information would be greatly appreciated. Even if you had an arrest that was not sealed, were you able to obtain the records and what was the final outcome. Thank you.
 
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From what I've heard, everyone gets that "missing evidences" letter irrespective of their submitted docs. I wouldn't worry too much about it - the IO will ask for more info during the interview if needed.
 
sample missing record

Can some one post a sample on what a missing record looks like, and how does one go about getting one....
 
Can someone post what a Sample Missing Record looks like.

And how does one go about getting one - without getting into trouble or reopening the case.

Can this be done on my own, or should I use an attorney for this?
 
clooge said:
Can someone post what a Sample Missing Record looks like.

And how does one go about getting one - without getting into trouble or reopening the case.

Can this be done on my own, or should I use an attorney for this?

What type of records are you looking for? and what state do you live in? I would say it varies from state to state what the rules are regarding obtaining "sealed" records. I have an attorney and I am still questioning it, many documents I was able to get on my own without the attorney. But it has been a very frustrating process. In addition, it is best to find an attroney who has a strong criminal and immigration background.
 
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missing evidence?

Hi danas, you said you didnt have the above two documents, may i know what docs you have or submitted with N400? My husband's is the similar case and he too received the 'missing evidence' letter. also could you please tell why you are not convinced by your attorney's assurance that your docs are enough? I am a bit relieved by one reply above that says almost everybody gets the letter irrespective of the documents submitted. Is that true? Can anybody share their similar experience please?
 
quert1 said:
may I know what docs you have or submitted with N400?
---
Well, other than the basic required copies, documents related to my "criminal history" that I submitted were original court certified letters (with the court embossed seal--1 saying the case was never filed in the criminal court and 1 from the DA's office stating that the arrest was dismissed, another saying that I was never arraigned and the case was sealed, I also obtained a Certificate of Good Conduct from the NYPD, and a copy of my arrest record (Rap Sheet). I am still waiting on the NYPD to get uncertified copies of the arrest report.

quert1 said:
also could you please tell why you are not convinced by your attorney's assurance that your docs are enough?
My concern is why USCIS would request these documents if the are not required. It is specifically outlined in the checklists and I am afraid that because I don’t have documents my case may be prolonged or even worse...denied.
My husband's is the similar case and he too received the 'missing evidence' letter. I am a bit relieved by one reply above that says almost everybody gets the letter irrespective of the documents submitted. Is that true? Can anybody share their similar experience please?
I recently had an infopass appointment and a CIS officer told me that it is a standard procedure to include the "missing evidences" notation, when I told her my parents did not receive that, she gave me an attitude.
 
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The missing evidence statement is boilerplate. I don't know what triggers it, but I got it as well. I had traffic tickets, that's it.

I think any time you don't provide all originals (some of which may not even be required), they put that in there so that you take it to the interview.

I never got a follow up letter (that they mention) asking me to bring anything. That, in itself, is somewhat indicative that there is a CYA intention there!

That statement in itself should not cause you to stress. Just make sure you take everything that you need.
 
clooge said:
Can someone post what a Sample Missing Record looks like.

And how does one go about getting one - without getting into trouble or reopening the case.

Can this be done on my own, or should I use an attorney for this?
Live in VA but the incident occured in D C

I went to the D C metro ploice dept, they gave me a no record found document. But I am not sure if this is the document they are looking for, is there a specific form or a process that I can get, I wish I could see a sample on what that looks like, so that I can show them and ask them where I could get one like this?
 
Aussie_Girl said:
From where and how did you obtain rap sheet (not good conduct certificate)?
In NY: To obtain a copy of your Criminal History Report (rap sheet or otherwise know as the Arrest Report) go to one of the following:
Police Headquarters, 1 Police Plaza, New York, NY and request an "Albany Package". At Police Headquarters you will be fingerprinted. There is a fee of $15.00 (money orders only) for fingerprinting. It is the responsibility of the person requesting the Criminal History Report (rap sheet) to send the fingerprints, the form provided in the "Albany Package", and a money order for the processing fee to Albany. You can also get a Good Conduct Certificate here as well.

To Reiterate, in case it is not clear:

--IN NY the arrest record is the NYS 'rap sheet', the arrest report is the police report and that is only specific to the 1 incident in which the person was arrested, I did a lot of research on this but you can interpret it however you like, you could argue that the arrest record is a rap sheet or the police report , immigration wants the arrest record because it list all arrests and charges ever filed by the police and conivtions if any by the court/DA and it also list court dispositions, whereas an arrest report by the police alone does not. You can get your 'rap sheet' from a local criminal database, in NY that is the NYS DCJS<=(Has NYPD and NYS arrest records, it is a state criminal agency) and it will show all charges specifically and list the court outcome. . Keep in mind, Rap Sheet is just slang. It's called an arrest record officially by the NYS DJCS. Immigration only requests FBI rap sheets and FBI may have access to state records, but that is not always the case. Officially state criminal agencies are supposed to report arrests to FBI but it does not always happen, especially when cases are dismissed, files are sealed, etc.


Aussie_Girl said:
You have said to me before upon asked that the reason for you to obtain your rap sheet was because it states in the instructions that applicants must submit all the record of arrest, but I found it wrong. Arrest record means-the copy of charges from arresting authority like from Police or DA. It has nothing to do with rap sheet because immigration would have rap sheet on you anyway thru FBI to check their own.
Why did you obtain certificate of Good conduct and rap sheet?Were you told to do so?
The NYS DCJS would have on the arrest record all charges filed by Police or DA office, so you would need to get a copy of the arrest record from that state agency. FBI rap sheet is an entirely different thing. My lawyer told me to get the Good Conduct Certificate, and on the checklist for the N-400 it states that I must include, "An original or court-certified copy of the complete arrest record", I recently discovered that this means your rap sheet.

Aussie_Girl said:
What were the charges?
I was never formally charged, I was arrested(hanging with the wrong people), but I was relased before ever going to any court and the arrest was then sealed because I was 16 at the time.

Regardless of how it turns out, I will definatley post my interview experience.
 
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Okay, so here it goes.

Well, I had my interview at 7:00am, the morning of September 13, 2006 at the Garden City offices in New York. I was so nervous, words cannot even express the anxiety I have experienced over the last few months. I have been putting this entire ordeal off for sometime now. It was only because of my parents (who filed their N-400’s in Feb 5, 2006 and were naturalized on May 26, 2006) and because I will be graduating college, I decided that hey maybe it’s time you get around to doing this. I am going to be a detailed as much as possible. If you have any questions just ask, and I want to thank all the people here who have answered my questions and those who have sent me positive PM’s I really appreciated it. First off, I am 22, I am a woman, I applied as a LPR and I requested a name change.

Okay, back to the date of the interview. On my way, I was actually shaking, my father drove, there was no way that I could drive. I got there at 6:40 am, there is a huge parking lot and there was a short line maybe 20 people and there were there for all sorts of immigration related matters, there were a lot of lawyers, some who even cut the line. I got into the building and was finished with security clearance etc. at about 7:05. I didn’t wear a belt, or heels or a watch because I didn’t want anything to set off the metal detectors (Security was very rude). I went to a separate floor which handles the naturalization interviews, I put my letter in the basket (there were no other letters in the basket) and had to walk around this circular corridor to get the waiting room and by the time I got there and sat down, my name was called. I didn’t even get the chance to overlook the civic questions and there were only two other people in the waiting room. The computer systems were down, I don’t know what this means for me, but my interview was conducted as scheduled.

I was interviewed at about 7:11 and I know I was out of there by 7:40. I carried a lot of documents(letters from employers, letters from court...etc., police documents, pay stubs, tax transcripts, birth certificate, tuition bills, college transcript, bank statements, copies of ticket, another application, passport photos. DMV records), NONE of which were asked for, except my Green Card and Passport and 1 page from the extra application. There were no other people in the interview room, which was one large room divided by cubicles.

I was very nervous and my Interview officer was very nice, he smiled, he joked, and he made small talk. He was the nicest person that I have ever dealt with at USCIS. I was expecting the biggest cantankerous, asshole because in the past I have somehow managed to always get those kinds, but I was very happy. He asked me several Civic Questions, I was expecting 5 or 6, but he kept going on: Who is the president? What happens if the both the president and the vice president die? Who makes the laws? What does the Supreme Court do? How many stars are there in the US Flag and what do they represent? What do the lines represent? What is the national anthem? Who wrote it? Why did the pilgrims come to America? Who helped them? What is the constitution? Can you change the constitution? What is the Bill of Rights? How many changes have been made? What was the last Amendment? I was like, "What the …?” caught me off guard.

Anyhow, I believe that my application was pretty straight forward, I basically grew up here, and I came to the US when I was 9 years old. I only left the country for a total of 20 days for the last 10 years. I don’t have a husband or any children, but I do have an arrest (More about my arrest above) and that was the cause of my anxiety. Even though it occurred when I was a minor and was sealed I felt it would be best if I were honest and disclose that information, so I noted it on my original application and I sent all the documents that I had. So he went through every single question on my N-400, from the start to finish and checked it off with his red pen. I brought a gel ink pen, a ball point pen and a pencil, but he had pens too. The only change I had to make was that I filled in the Oath section, which I was not supposed to, so I took out the page from my extra application which I had in my folder and that, was that. He was impressed that I had an extra, but I only did that because I read it on this site.

Okay so my arrest, he asked what happened and I wrote up this long page about the events surround the entire incident, but all I managed to say was less than a minute long and straight to the point, and he seemed content with what I told him. Every chance I could get, I would glance over at my folder that he had on his desk. It was very thin by the way, thinner that my own folder that I brought with me. Later on in the interviewed I saw they had my GC application and other immigration documents and I saw pictures of me at like 10 years old, a bit nostalgic.



I had to sign all documents with my new name and I signed the Oath sections, my photos (which he said did not look like me, but left it alone). But I cannot use my new name yet, officially. At this point, I do not have any name check pending or any background checks pending. I can safely say that I am the only person who has ever lived with my name; it is very unique, so unique that people always have a hard time with it and I want to change it because of that. My arrest does not even show up on FBI records (based on my own search) or New Your State criminal records databases(DCJS) the NYPD does not even have a record of my arrest- I guess that’s what sealed is good for. But the DA’s office acknowledged that it does exist. But I do not know if USCIS was able to find out anything about the arrest on their own, the IO did not say anything and I did not dare to ask. Everything went so well I did not want to say anything that might change that.

So I received the Form N-652, he dated it, checked off “You passed the tests of English and US history and government,” and “A. Congratulations! Your application has been recommended for approval.” (I don’t like that it says “recommended” and “If final approval is granted” because I am like, “They can still take this away from you” :( ). He said that it was nice meeting me and I said the same, he didn’t shake my hand or anything and then I left, still feeling slightly less worried than when I came in, at least I was not shaking. He said he could not give me an oath letter because the systems were down and that I would receive it in the mail. Since I will be changing my name I must be sworn in at a NYC district court (sometime really soon, I hope).

All in all, I am glad the interview is over, I am a little relieved, but I am still not content yet, I will not be until I have the Naturalization certificate in my hand. I have heard so many horror stories (many of them right on the web site) so I know I am not in the clear. So now, I will impatiently wait for the Oath Letter (my parents got their Oath Letters the same day as the interview) that should come in the mail sometime soon, I hope :eek: .

*Sidenote: I consulted with an attorney regarding the circumstances of my arrest, I am a college student and I could not afford the full lawyer package so most of the work I did on my own. I filled out the N-400 alone, and the forms that I sent to USCIS from the courts/law enforcment I got it on my own. I researched laws on my own. I went to my interview alone (expect for my father who was there for moral support and he waited in the waiting room). So for those of you with criminal records etc, try to see what you can do first, consult with an attorney yes, but don't hire one unless you can afford it or if it is your absolute last resort. I also waited five years after the incident.
 
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My Oath!!

I had my oath at the NY US District Court, it lasted about 3-4 hours, there were over 300 people there and a lot the time was spent just going through applications, signing certificates. I was only asked to sign my application while I noticed other people were asked more intrusive questions, like "How long have you been here?", "Are you married?" etc and then there were those who had to make changes. I brought a book and spent most of the time reading and talking to my sister who came with me. They weren't really strict about who was in the courtroom.

Some people who showed up were sent away because they were not scheduled to take to oath on that day even though they had letters they were dated for the ollowing week. All officials were very nice about it. We all were supposed to be there at 8am and late people were still walking in a 11, but the officials let them in anyway. We didn't the watch any videos or sing anything. But the officers did give a little information on what we could do as US Citizens.

There were only 10 people there who were having their named changed and we were called up seperatly to sign the court order that changed our namwe.

Later on, the judge came in and he gave a speech, we took the oath I got my certificate and I was done.

So now I am a citizen, with a new name, I changed my information on all the required things, such as DL, SS etc. and I am now only waiting for my passport. It all went by faster and much easier than I expected. If I had known it would have been this easy I would have applied sooner. I am happy that I no longer have to deal with USCIS. :D
 
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