I-129f - Yet another arrest record question

[randomstairs 303]

6 hours ago, GP1977 said:

I don't think hiring an attorney will get you a better outcome.  They will do the same thing you will do, except you will care and be more persistent than an attorney.

 

  I would keep on calling the records department and asking for a supervisor.  If they tell you no, ask again.  Call back and get their supervisor.  Ask them.  Ask for their supervisor.  Keep going up the chain of command.  They are a public servant and work for the taxpayers. 

 

I had a DUI which I was found not guilty of and expunged 14 years ago and didn't appear on a fingerprint FBI and state background check.  I lost my expungement order.   No records existed at the courthouse and my attorney didn't have a copy either.   I had to keep calling the courthouse and the clerk there basically told me to stop calling and she can't help me and i am out of luck.   Well I took it up the chain of command until I got to the office of the chief judge for the highest court in the state.  Guess what, I got my letter.  It was a huge pain in the ### but if you are persistent you will get what you want but you have to keep asking and it will be a time drain.  Dont take no for an answer.  When there is a will, there is a way.

 

Finally, even if you can't get the documents keep records of all of your communication with the agency.    Read this part of the USCIS manual and it talks about if a document isn't available they want to see either a certified letter that it isn't or repeated efforts made to obtain that document.

 

USCIS Manual 

https://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-2061/0-0-0-2073.html#0-0-0-312

      (f)     Primary and Secondary Evidence     .            

 Closely related to the best evidence rule is the concept of primary and secondary evidence. Primary evidence is evidence which on its face proves a fact. For example, the divorce certificate is primary evidence of a divorce. Secondary evidence is evidence which makes it more likely that the fact sought to be proven by the primary evidence is true, but cannot do so on its own face, without any external reference. In the above example, church records showing that an individual was divorced at a certain time w ould be secondary evidence of the divorce. You will often encounter situations in which primary evidence is unavailable. This gives rise to a presumption of ineligibility                 , which is the applicant or petitioner’s burden to overcome.                     Title                     8 CFR 103.2(b)(2)                     sets out the procedures relating to unavailability of documents. A petitioner or applicant cannot simply assert that the primary evidence does not exist. The absence of a primary record, instead, must be proven either:                    

 

          ·                 By a written statement from the appropriate issuing authority attesting to the fact that no record exists or can be located, or that the record sought was part of some segment of records which were lost or destroyed; or                    

          ·                 By evidence (such as an affidavit) "that repeated good faith attempts were made to obtain the required document or record."                    

That's why one should NEVER "expunge" their record until they become a USC. Obtaining records can be extremely difficult. Ironically, the lesser the charge, the harder it is to get the documents pertaining to it. In most cases the charging agency or the court can at least sign a letter stating that they do not issue the documents sought.

OP: You can simply find the agency's website, navigate to "records" or something similar, find their statement about what documents are available and what documents are *unavailable*. Take a screenshot or print as PDF, go to Notary Public and get it certified by them. That's all. (Assuming your offense was not a felony or something... that should work for minor ones.)  

[GP1977 288]

2 hours ago, randomstairs said:

That's why one should NEVER "expunge" their record until they become a USC. Obtaining records can be extremely difficult. Ironically, the lesser the charge, the harder it is to get the documents pertaining to it. In most cases the charging agency or the court can at least sign a letter stating that they do not issue the documents sought.

OP: You can simply find the agency's website, navigate to "records" or something similar, find their statement about what documents are available and what documents are *unavailable*. Take a screenshot or print as PDF, go to Notary Public and get it certified by them. That's all. (Assuming your offense was not a felony or something... that should work for minor ones.)  

That’s not what certified records mean from an immigration standpoint.  When the record isn’t available they want it certified by that agency directly and in OP case that would mean the custodian of the police records. It’s not a certifcation from a notary..

[Sofia Eriksson 0]

I'm wondering if there are any updates on this one? I'm confused weather the certified court record would be sufficient or not for my fiancé (the petitioner). We have that but obtaining something from the police seems harder. 

[powerpuff 6,681]

Zombie thread closed for comment. OP has not logged on in 3 years . Please start a new thread to ask questions.

 

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