RFE after citizenship interview (police report requested)

[ahmed elwali 0]

Hello everyone, I had my citizenship interview two weeks ago and everything went fine with the civics test and the language test. The officer though requested that I am missing a police report from an arrest and a conviction already disclosed when applying for ROC. The problem is that the crime is expunged and I contacted both the police department and district attorney, and they both made it clear that there is no police report record available. On the RFE letter, it says that in case no record is available, I should submit a proof that it is unavailable. The district attorney office provided with a letter that says no record is available. My question is, what is likely going to happen with my application after providing them with the no police record available?

[Crazy Cat 42,734]

As long as you follow their instructions, you should be clear of that particular concern. 

[Mike E 11,745]

Legally the letter is sufficient. 
 

I have seen cases where USCIS comes and insist on their being an official seal of a statement of no record 

 

The fact is: you are being jerked around. USCIS had the full record.  
 

Be prepared to go to the county court clerk’s office to get a a document with a seal.  

[ahmed elwali 0]

3 hours ago, Mike E said:

Legally the letter is sufficient. 
 

I have seen cases where USCIS comes and insist on their being an official seal of a statement of no record 

 

The fact is: you are being jerked around. USCIS had the full record.  
 

Be prepared to go to the county court clerk’s office to get a a document with a seal.  

Can USCIS ask the court to access those documents. I don't think it is possible for me to obtain them. I guess I will start trying to get the sealed proof now

[ahmed elwali 0]

6 hours ago, Crazy Cat said:

As long as you follow their instructions, you should be clear of that particular concern. 

I just want to know if they will approve me after submitting proof of no record. I have travel plans and I am not sure if this will take a month or one year

[Crazy Cat 42,734]

Just now, ahmed elwali said:

I just want to know if they will approve me after submitting proof of no record. I have travel plans and I am not sure if this will take a month or one year

No one can answer that.  Good luck

[Mike E 11,745]

2 hours ago, ahmed elwali said:

Can USCIS ask the court to access those documents.

USCIS has your full un-expunged criminal record. It doesn't need to ask. I told you before: you are being jerked around.

 

I would never ever attempt to naturalize if I had a criminal record unless I hired legal representation.

Quote

I don't think it is possible for me to obtain them. I guess I will start trying to get the sealed proof now

Correct it isn't possible for you to get your sealed criminal records.  I didn't advise to to try to get those.

 

Thus you need to follow the instructions. My advice stands: in addition to what DA gave you, ask the clerk of the county court for certified copy of any and all criminal case records is has on you. If the certified copy says "no records found", great. The certified copy will have a seal, either a wet stamp, a raised seal, or both.

Edited May 24, 2022 by Mike E

[SalishSea 18,276]

3 hours ago, ahmed elwali said:

Can USCIS ask the court to access those documents.

They don't do that.

 

The burden is on you, the applicant.

[ahmed elwali 0]

29 minutes ago, Jorgedig said:

They don't do that.

 

The burden is on you, the applicant.

I was reading on the USCIS website and I came across this:

 

"USCIS may file a motion with the court to obtain a copy of the record in states where the applicant is unable to obtain the record."

 

I am not sure i they actually do this or they are able to but never do it

[ahmed elwali 0]

On 5/24/2022 at 4:43 PM, Jorgedig said:

They don't do that.

 

The burden is on you, the applicant.

But what to do i I can't get them?

[JeanneAdil 6,727]

Do as Mike E suggests

Go to county clerk and get a criminal report (with raised seal)

Provide the letter from DA saying no report available

 

(always keep a copy of these for your own records)

 

my county clerk only signed it for my report to marry in Moroc (no seal)

so, if no seal ,  then send and pay for an FBI report

[Family 4,259]

On 5/24/2022 at 6:01 AM, ahmed elwali said:

The officer though requested that I am missing a police report from an arrest and a conviction already disclosed when applying for ROC.

Carefully read the RFE and if the only evidence asked for is a “ missing police report “, then that is the ONLY issue that you need to address. Your options are as follows:

 

1. Request a Copy of the police report  DIRECTLY from the arresting agency ( Google their records procedures) , keep a copy of your request ( date is important in case response is delayed beyond RFE deadline) 

 

2. If you insist you have complete court records and see a copy of the report , use that copy but you need to be sure it is indeed part of your copies of previously obtained “ certified court records” ( I doubt you either have it or submitted the police report at ROC) .

 

3. YOU are not being asked to provide anything else in the RFE, so don’t go down a rabbit hole cause DA cannot issue letters there is “ no police report “, USCIS is not asking you to provide anything related to the conviction and subsequent expungement . The arresting agency custodian of records is the only response that will overcome the RFE . Most arrest records are archived but if it too has been “ cleared” is “sealed “ then that is all you need to provide proof of for the RFE.
 

4. Add language in your response relative to why USCIS should not and cannot go behind the record of conviction ( in case it’s a position you want to take) …