Obtaining documents for immigration lawyers

[The Law 0]

I'm a Canadian Citizen and have a juvenile record in Canada (a single, violent offense). Now, 2 years after the juvenile incident, I've moved to the United States and am in the process of filing for my Green Card.

My immigration lawyers are working on making a strong case for me, but asked me to obtain any documents I can relating to the case (police records, witness statements, etc..).

Realistically, what information am I entitled to get, and how could I obtain it remotely (since I'm in the USA)?

[Carlawarla 1]

I'm a Canadian Citizen and have a juvenile record in Canada (a single, violent offense). Now, 2 years after the juvenile incident, I've moved to the United States and am in the process of filing for my Green Card.

My immigration lawyers are working on making a strong case for me, but asked me to obtain any documents I can relating to the case (police records, witness statements, etc..).

Realistically, what information am I entitled to get, and how could I obtain it remotely (since I'm in the USA)?

You could probably start by asking the local police where the crime was committed what reports they have on file. You could then move to the court system where the case was adjudicated, and as them. If they don't have the paperwork, I'm sure you could ask them where it was, and try and access it that way. Were you on supervised probation? If so, check with the PO who supervised you. If you were provided with counselling services, you could also try and access paperwork from a psychologist or psychiatrist, especially if they had copies of the incident reports, statements etc.

I'm sure with a signed faxed release of information they would send you, or access information for you with identifying information. If you had/have a release of information, perhaps you could give it to someone in Canada who would be able to pick up information for you as well.

I didn't give you a lot of concrete information, however, it's a start. So much might depend on who if anyone you were supervised by, and what province you were in.

All the best.

[antda 13]

Hi TheLaw,

This is what the USCIS officially says about court records (found on the instructions of the forms...)....

If you have ever been arrested or detained by any law enforcement officer for any reason, and no charges were filed, send:

An original official statement by the arresting agency or applicant court confirming that no charges were filed.

If you have ever been arrested or detained by any law enforcement officer for any reason, and charges were filed, send:v An original or court-certified copy of the complete arrest record and disposition for each incident (dismissal order, conviction record or acquittal order).

If you have ever been convicted or placed in an alternative sentencing program or rehabilitative program (such as a drug treatment or community service program), send:

1. An original or court-certified copy of the sentencing record for each incident; and

2. Evidence that you completed your sentence: An original or certified copy of your probation or parole record; or

Evidence that you completed an alternative sentencing program or rehabilitative program.

If you have ever had any arrest or conviction vacated, set aside, sealed, expunged or otherwise removed from your record, send:

An original or court-certified copy of the court order vacating, setting aside, sealing, expunging or otherwise removing the arrest or conviction, or an original statement from the court that no record exists of your arrest or conviction.

NOTE: If you have been arrested or convicted of a crime, you may send any countervailing evidence or evidence in your favor concerning the circumstances of your arrest and/or conviction that you would like USCIS to consider.

They are going to ask for original certified court documents at EVERY stage of the immigration game..(AOS, I-751, N-400...etc...), despite having them before...makes no sense...but oh well...that's how the USCIS works.....They want the details....lol....

And if you omit such details and documentation...You will end up in more trouble.....for lying to an immigration officer.....lol...and you case will be denied...

Regardless of if the charge/conviction occured recently, or many years ago, or the outcome, or where the incident occurred...

And yes, they do check for such court records and even check to see if they are orginals

So yes, you are going to have to get those records some way or other....

Plus Canadian court records are harder to get from the USA....(trust me, from personal experience here...)

So you're either going to have to make a trip back to Canada to get them, or ask someone in Canada to get them for you if you are already here...

If I were you, I would contact the Canadian courts again.....

Then ask to see if they can look up your information up based on your name, date of birth, or other identifying information....

Say that you need the certified court records for immigration purposes too.....

And make sure you get several certified copies too...

And hopefully you will be able to get them....asap....

Hopes this helps. Good luck on your journey too.

Ant

I'm a Canadian Citizen and have a juvenile record in Canada (a single, violent offense). Now, 2 years after the juvenile incident, I've moved to the United States and am in the process of filing for my Green Card.

My immigration lawyers are working on making a strong case for me, but asked me to obtain any documents I can relating to the case (police records, witness statements, etc..).

Realistically, what information am I entitled to get, and how could I obtain it remotely (since I'm in the USA)?

[Kimbear 53]

The only thing i can add is depending on the province it was done it, they may not give you the paperwork you need unless you go there in person with identification.