I-751 Prior Criminal History

[Cherries2013 0]

Hi all,

I am filing my I-751 with my husband, we are happily married and have endless evidence for our relationship. That part of the application is not a problem.

However, about 10 years ago, my husband had a drug-related charge that was dismissed. He was NOT arrested. He was called to a preliminary trial, where the judge determined the evidence against him was essentially non-existant and dismissed the charges.

While his police certicates are clear, we still disclosed this in the I-485 AOS. We got an RFE requesting "arrest records" (which didn't exist, because there was no arrest). We hired an attorney to write a letter for the RFE explaining the case, and we got the GC with no problems after that.

Now, for I-751, we have to answer the same question. We will disclose it again, since the questions asks "Have you ever been charged...?"

My questions are:

1) Do you think I need to send original documents again? (They already have all of the originals from the I-485). Right now, I'm planning on sending copies only.

2) Do you think there is an advantage to hiring an attorney to file this for us?

Thanks in advance for your help with my query.

[DebbyNSeyi 15]

someone please correct me if i am wrong, but i believe that this question on the i-751 refers to the time period that you've had your conditional green card.

[BigDaddy28 228]

Hi all,

I am filing my I-751 with my husband, we are happily married and have endless evidence for our relationship. That part of the application is not a problem.

However, about 10 years ago, my husband had a drug-related charge that was dismissed. He was NOT arrested. He was called to a preliminary trial, where the judge determined the evidence against him was essentially non-existant and dismissed the charges.

While his police certicates are clear, we still disclosed this in the I-485 AOS. We got an RFE requesting "arrest records" (which didn't exist, because there was no arrest). We hired an attorney to write a letter for the RFE explaining the case, and we got the GC with no problems after that.

Now, for I-751, we have to answer the same question. We will disclose it again, since the questions asks "Have you ever been charged...?"

My questions are:

1) Do you think I need to send original documents again? (They already have all of the originals from the I-485). Right now, I'm planning on sending copies only.

2) Do you think there is an advantage to hiring an attorney to file this for us?

Thanks in advance for your help with my query.

I don't think that that question is intended for your husband. They don't care about him, It's you. If you have any criminal record. I don't know why your lawyer did put that he has a criminal record, because they don't care about his record. He is a USC already. I know somebody who was married to a women who had misdemeoner and they didn't even ask him about it.

[Cherries2013 0]

Apolgies for the confusion...I'm the USC, my husband is the immigrant.

The instructions on the I-751 say "If you have ever been arrested or detained by any law enforcement officer for any reason, and charges were filed, or if charges were filed against you without an arrest, submit an original or court certified copy of the complete arrest record and/or disposition for each incident (eg: dismissal order, conviction record, or acquittal order)"

This is the exact same question on as on the I-485, so we would have to once again disclose this.

My question to you all is whether you think the originals are once again necessary. It would be time consuming and costly to get them. But also, they already have them!

[BigDaddy28 228]

Apolgies for the confusion...I'm the USC, my husband is the immigrant.

The instructions on the I-751 say "If you have ever been arrested or detained by any law enforcement officer for any reason, and charges were filed, or if charges were filed against you without an arrest, submit an original or court certified copy of the complete arrest record and/or disposition for each incident (eg: dismissal order, conviction record, or acquittal order)"

This is the exact same question on as on the I-485, so we would have to once again disclose this.

My question to you all is whether you think the originals are once again necessary. It would be time consuming and costly to get them. But also, they already have them!

To be honest with you I think the immigration will want something from the court that said the charges were dismissed. Personally I would prefer doing the original ones since they are going to be more authantic than a copy. What I would do if I were in your place is: Since it will take a long time to get them, I would apply and give them just copies. Go to the court and try to get the original ones. Whenever the immigration ask for original ones, you will have it in hand. If they didn't you can use it for N400, than you won't have to wait.

That's my personal point of view and that's how I will do it if I were you. You don't have to do it that way. But since you send the I751 first, that will make the immigration work on the file. whenever they ask for the paper you would have it on hand.

I hope I helped.

[Cherries2013 0]

As an update, this was not a problem at all in our ROC. Never mentioned at all. We got an RFE, but it was for financial info, not criminal history.

So, it seems that if you've disclosed it before, it shouldn't be a problem.

[latifa200823 0]

As an update, this was not a problem at all in our ROC. Never mentioned at all. We got an RFE, but it was for financial info, not criminal history.

So, it seems that if you've disclosed it before, it shouldn't be a problem.

hi just wondering, i'm a little confused. back in 2010 i was arrested for shoplifting it was kind of a dare me and friends , a year later i got married so when i applied for my green card i put yes to that question have you ever been arrested ... etc. So now it's time to fill my I-751 should i answer yes or no to that question. please let me know did you have to get an attorney? do i need to go to court and get the record? and oh they misspelled my name but i still got for my green card the first time. advise please thanks