Filing AOS Question on Arrests

[2Complicated 0]

Originally we filed fiance visa, got denied, filed I-601 waiver, then got approved. Now we're putting together our papers for the I-485. I'm concerned/confused about the criminal history section. Reading the instructions of part B pg. 3, it says if ever arrested....submit an original or certified copy of the complete arrest record. We only have copies of everything. He turned in the originals to the embassy in Panama when filing for the waiver. What can we do? Any suggestions? Can we just send copies of our copies? They are about 35 pages in Spanish. We have them translated also. I really don't think it will possible to get any certified copies from Panama. We do have an original receipt of his fine payment we can send. Any advice? Thanks.

[2Complicated 0]

I guess no one has any advice. Oh well :{

[dloprieta 0]

I guess no one has any advice. Oh well :{

I believe the certified copies are only for U.S criminal records, as long as you take a copy you should be ok. Good luck!

[Villanelle 4,122]

You either can

Option A- file a form asking for your original papers back from the embassy, however it takes a while to get them back, so I would suggest filing it asap. Send in the copies you have with the AOS. Copies are allowed but "the applicant may submit a photocopy of the document required; however, he or she may be required to present the original: in person, upon the request of a USCIS or consular official during an interview, or by mail, in response to a written request from USCIS. " So, If you get a RFE asking for the originals hopefully youll have the originals back from the embassy in time.

Form-http://www.uscis.gov/files/form/g-884.pdf

Instructions-http://www.uscis.gov/files/form/g-884instr.pdf

Youre going to send it to the service center that last took action on your case- not the embassy.

Option B- same rule that states copies are allowed and "If the applicant or petitioner has already submitted the original document to the USCIS in connection with another matter, he or she may submit a photocopy along with an explanation of when and why the original was previously sent to the USCIS." (no rfe, no need to bring it with you to an interview in person)

So its your choice.

[2Complicated 0]

Thank you, both.

[Villanelle 4,122]

Certified copies are not just for US criminal records. Theres a lot of confusion about what 'certified' means, and what can be a copy.

Certified just means that it was recorded somewhere. It means that someone went in to the record books and copied down the exact information and wrote it on a sheet of paper, put an official stamp on it to 'certify' that its exactly how its recorded officially and gave it to you as proof, because you can not take the official book of records- there is only one official book of records and it stays in one place.

Youre allowed to submit to USCIS a photocopy of your certified papers. But you must present the original paper upon request, if requested. Certain documents must be certified, they include marriage certificates, birth certificates, divorce decrees, criminal records, etc. Basically things that they want to see are accurate records as they are recorded in the official records and havent been altered.

Personally I think the OP is MUCH safer going with option B, because like I said, it takes a very very long time (months) to get documents back filing that form. IF she gets a RFE that they want the originals, you have a limited window to send them in. Fail to send them in, you did not meet the conditions of the RFE and your application is DENIED. You can not submit the letter at that point saying- BUT another service center at USCIS has the documents, because they may not at that point, they may be on their way back to you. (I mean, maybe as a last ditch effort, if its the last few days of the RFE and you dont have them yet, try it, claim they have them still, since you dont and see, but they may be 'in transit' and you may be denied for failing to fulfill the RFE)