US Citizen w/ "criminal" foreign wife - help!!

N

naskib

New Member
I'm a USC, my wife is not. We got our I-130 approved, saying our marriage is recognized as legitimate by the US government. We should have her green card, but my wife has a minor criminal record, which is holding things up...

She was arrested a few years ago, for a misdemeanor drug offense which is not deportable, but the immigration officer handling our case has requested a copy of the ticket / police report. My wife threw it away in haste soon after the incident, and we aren't sure if it is possible to get a copy. She was honest and did not hide it or lie on any paperwork, or in the interview, but still they want to see the documentation. Even secured a certified letter of disposition from the court, not good enough.. If we can't get a copy of her original ticket / police report, what can we do?

The latest "request for information" says we have 87 days to respond, or they will make a decision without the requested documents. Can we get her green card approved without the police report? Will we have to go to federal court to get this setteled, if we can't find the documents?

She has been stressing out for too many months over all of this, any help you can give me I owe you big time!!
 
Just go to your counties court house and ask for the case records and mail it to the officer. This is mostly a fomality, a officer will never aprove the case without have official court documents.
 
If you can write the police station requesting for a copy of the ticket or police report. You will have to show this to the immigration officer otherwise they will deny your case.
Good luck
 
I think what you got is a RFE letter (Request for Evidence). Usually for the officer/supervisor to make a decision in such cases, they will need to see the original police report and the Certified Court disposition. These will be kept in her file for their reference.

If the record is still not expunged/sealed, then she might be able to request the police report from the Police dept fairly easily, where she was arrested and Finger printed. They usually give it to you, for a small fee. When you request it, they usually ask for a Summon # or case # - if you don't have it, that's when the Court disposition might come in handy. You can get the case/reference number, Date of Arrest etc., from the Court disposition.

When she applies for her CZ later on, once again the officer will require her to bring the originals of both to her CZ interview - Arrest report and certified Court Disposition. So, when requesting these, always ask for 2 or 3 copies of each.
 
Thank you all for the advice. We're 2000 miles away from where it happened, can't just "stop by" or this would be easier.

I called the PD, was referred to the courts. They will be able to send a "Criminal Court Complaint" (CCS) letter, but no luck with the police report. The CCC tells the circumstances of the arrest, which I believe is what the CIS officer is looking for? If we can't get the police report, witll the CCC be enough?

PS, we have the Ceritifcate of Disposition in hand. It wasn't even a misdemeanor, just a violation (like a parking ticket). They can't deny a greencard for that, right?

Thanks again!!
 
Questions from I-485...

-Knowingly committed any crime of moral turpitude or a drug-related offense for which you have not been arrested?
-Been arrested, cited, charged, indicted, fined or imprisoned for breaking or violating any law or ordinance, excluding traffic violations?

The parking ticket will not put your I-485 in jepoardy but the drug related arrest definitely would. You should consult a lawyer if you are not able to get hold of those records.
 
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