Arrest Record and I-485 Application

[PundaSmith]

Hello,

I am about to file my AOS application, and have a question about an incident that happened in 1995 in Canada. I was arrested, charged with assault and fingerprinted. But the case was dismissed later (in 1996) in exchange for a PeaceBond, which I kept. Hence there was no criminal conviction. I request a criminal background check from the Canadian authorities (i.e., RCMP) and it showed that I had to record of convictions.

However, given that there was an arrest record dating back to 1995, I had to answer YES to the arrest question on the I-485 form (in fact, USCIS is probably aware about this since I have been asked once at a POE). The only Police Record I was able to obtain was incomplete: it does prove that there was an arrest, but does not indicate that the case was disposed of, giving the false impression that the case is still ongoing, when it is actually not. Unfortunately, due to relocation, I have lost the file containing any records about this case.

I have been tracking this file since January this year to no avail: I called the Police Office in Canada, as well as the courts where I recall the case was held, and they are unable to track any details about the proceedings in their information systems. The last resort for the police is that they may have to comb through their archives, containing thousands of files to track it - but they are not sure whether that would be successful given that they can't even find my name in their computer systems.

So I have hit a brick wall. All I have is a certified criminal background check from Canada indicating that there is no criminal conviction on file. My I-485 application is ready to be filed. Is it worth spending another six months pursuing and tracking these records regarding how the case was disposed of? In the absence of these records, how else can I explain my predicament - that the case was disposed of with a Peace Bond? For example, would a letter from the Police indicating that they are unable to attest to the case disposition be enough?


Thanks - Punda Smith

[daru786]

Hello,

I am about to file my AOS application, and have a question about an incident that happened in 1995 in Canada. I was arrested, charged with assault and fingerprinted. But the case was dismissed later (in 1996) in exchange for a PeaceBond, which I kept. Hence there was no criminal conviction. I request a criminal background check from the Canadian authorities (i.e., RCMP) and it showed that I had to record of convictions.

However, given that there was an arrest record dating back to 1995, I had to answer YES to the arrest question on the I-485 form (in fact, USCIS is probably aware about this since I have been asked once at a POE). The only Police Record I was able to obtain was incomplete: it does prove that there was an arrest, but does not indicate that the case was disposed of, giving the false impression that the case is still ongoing, when it is actually not. Unfortunately, due to relocation, I have lost the file containing any records about this case.

I have been tracking this file since January this year to no avail: I called the Police Office in Canada, as well as the courts where I recall the case was held, and they are unable to track any details about the proceedings in their information systems. The last resort for the police is that they may have to comb through their archives, containing thousands of files to track it - but they are not sure whether that would be successful given that they can't even find my name in their computer systems.

So I have hit a brick wall. All I have is a certified criminal background check from Canada indicating that there is no criminal conviction on file. My I-485 application is ready to be filed. Is it worth spending another six months pursuing and tracking these records regarding how the case was disposed of? In the absence of these records, how else can I explain my predicament - that the case was disposed of with a Peace Bond? For example, would a letter from the Police indicating that they are unable to attest to the case disposition be enough?


Thanks - Punda Smith

I would go ahead and apply and submit all documents I have and go from there.

[KSRI123]

Punda,
Can you please let me know your situation.
Was your application approved.
I would like to know.

Please reply and let me know as I Have a similar situation

[RMR]

Hello,

I am about to file my AOS application, and have a question about an incident that happened in 1995 in Canada. I was arrested, charged with assault and fingerprinted. But the case was dismissed later (in 1996) in exchange for a PeaceBond, which I kept. Hence there was no criminal conviction. I request a criminal background check from the Canadian authorities (i.e., RCMP) and it showed that I had to record of convictions.

However, given that there was an arrest record dating back to 1995, I had to answer YES to the arrest question on the I-485 form (in fact, USCIS is probably aware about this since I have been asked once at a POE). The only Police Record I was able to obtain was incomplete: it does prove that there was an arrest, but does not indicate that the case was disposed of, giving the false impression that the case is still ongoing, when it is actually not. Unfortunately, due to relocation, I have lost the file containing any records about this case.

I have been tracking this file since January this year to no avail: I called the Police Office in Canada, as well as the courts where I recall the case was held, and they are unable to track any details about the proceedings in their information systems. The last resort for the police is that they may have to comb through their archives, containing thousands of files to track it - but they are not sure whether that would be successful given that they can't even find my name in their computer systems.

So I have hit a brick wall. All I have is a certified criminal background check from Canada indicating that there is no criminal conviction on file. My I-485 application is ready to be filed. Is it worth spending another six months pursuing and tracking these records regarding how the case was disposed of? In the absence of these records, how else can I explain my predicament - that the case was disposed of with a Peace Bond? For example, would a letter from the Police indicating that they are unable to attest to the case disposition be enough?


Thanks - Punda Smith

I hate to tell you but this is a big deal!!! Going thru same thing with my spouse. Had criminal convictions over 18 years ago in UK . They were spent in the UK. (expunged). They were minor but still to immigration a big to do.. This is a life time ban. Also when you arrived in US did you fill out a landing card. If you answered no to past crimes of moral turpitude that is misrepresentation ( if you had answered yes you would not have been allowed in )and another lifetime ban. We found all this out after talking to a lawyer. We were devastated and blind sided. These things are hard to overcome!! We had to file a i 601 waiver. Another $4000 dollars. Total so far $10,000.