Help for Court Records

[Elisac87 2]

Hello!

My husband and I are filing I-130 petition. He is US-citizen and He served 20 years in prison. So the lawyer asks for him certified copy of courts records and police report.

Now I know that police report is Criminal check background…but court records? What specifically do we have to ask? A sentencing order? Is that enough? Or the entire file? 
thank you very much

[SalishSea 17,828]

3 minutes ago, Elisac87 said:

Hello!

My husband and I are filing I-130 petition. He is US-citizen and He served 20 years in prison. So the lawyer asks for him certified copy of courts records and police report.

Now I know that police report is Criminal check background…but court records? What specifically do we have to ask? A sentencing order? Is that enough? Or the entire file? 
thank you very much

You will need the entire file.

[Elisac87 2]

21 minutes ago, SalishSea said:

You will need the entire file.

Oh ok thank you very much. I’m sorry but this system is very confused ..and for police report is certified criminal background check from State Police correct? 
Thanks!

[pushbrk 12,882]

2 hours ago, Elisac87 said:

Oh ok thank you very much. I’m sorry but this system is very confused ..and for police report is certified criminal background check from State Police correct? 
Thanks!

No.  If the lawyer asked for it, the lawyer knows what it is and how to get it.  However, the only criminal record that would matter for the US Citizen Petitioner is if it involved a sex crime against a child.  If the lawyer thinks otherwise, he's a fool.  There are NO questions on the forms or ever in the process about the US Citizen's criminal record, UNLESS....USCIS finds a record that falls under the Adam Walsh Act.  If your husband has a sex crime against a child on his record, halt all action now, and consult an attorney, who is experienced dealing with those issues in connection with family immigration to the USA.

If he served 20 years in prison for a crime against a child, you are never going to get a spouse visa.  You want to be together, it will need to be somewhere besides the USA, that will accept HIM as an immigrant.

[Elisac87 2]

3 minutes ago, pushbrk said:

No.  If the lawyer asked for it, the lawyer knows what it is and how to get it.  However, the only criminal record that would matter for the US Citizen Petitioner is if it involved a sex crime against a child.  If the lawyer thinks otherwise, he's a fool.  There are NO questions on the forms or ever in the process about the US Citizen's criminal record, UNLESS....USCIS finds a record that falls under the Adam Walsh Act.  If your husband has a sex crime against a child on his record, halt all action now, and consult an attorney, who is experienced dealing with those issues in connection with family immigration to the USA.

If he served 20 years in prison for a crime against a child, you are never going to get a spouse visa.  You want to be together, it will need to be somewhere besides the USA, that will accept HIM as an immigrant.

My husband has no crime against a child or sex crime so the lawyer asks us these documents because they told them the USCIS wants to make sure that is not a crime against a child or sex crime..So what I have to do? Because getting these documents is long and expensive..of they are not needed…

[pushbrk 12,882]

17 minutes ago, Elisac87 said:

My husband has no crime against a child or sex crime so the lawyer asks us these documents because they told them the USCIS wants to make sure that is not a crime against a child or sex crime..So what I have to do? Because getting these documents is long and expensive..of they are not needed…

Depends on the exact wording of the request.  The records come from the court where he was convicted, not from a "background check".  If they lawyer says they are needed, the lawyer knows how to get them.

 

[Elisac87 2]

19 minutes ago, pushbrk said:

No.  If the lawyer asked for it, the lawyer knows what it is and how to get it.  However, the only criminal record that would matter for the US Citizen Petitioner is if it involved a sex crime against a child.  If the lawyer thinks otherwise, he's a fool.  There are NO questions on the forms or ever in the process about the US Citizen's criminal record, UNLESS....USCIS finds a record that falls under the Adam Walsh Act.  If your husband has a sex crime against a child on his record, halt all action now, and consult an attorney, who is experienced dealing with those issues in connection with family immigration to the USA.

If he served 20 years in prison for a crime against a child, you are never going to get a spouse visa.  You want to be together, it will need to be somewhere besides the USA, that will accept HIM as an immigrant.

That was my case manager email...so as I am reading there is no requirement set by USCIS..

 

"I spoke to the attorney regarding this document and she asked that your husband call the courts to request certified court records from the courts involved as well as police reports from the police agencies involved. Those are the specific documents that will meet the requirements set by USCIS. "...

 

 

[pushbrk 12,882]

41 minutes ago, Elisac87 said:

That was my case manager email...so as I am reading there is no requirement set by USCIS..

 

"I spoke to the attorney regarding this document and she asked that your husband call the courts to request certified court records from the courts involved as well as police reports from the police agencies involved. Those are the specific documents that will meet the requirements set by USCIS. "...

 

 

"Call the courts".  That's how you get it, but there are no actual USCIS requirements.  Your attorney is incompetent, in my opinion.  Most "immigration lawyers" don't do family based immigration.  If they did, they would not ask for these records, unless there was a reason to think there was a sex crime against a child.  Now, if YOU, the foreign spouse, had almost ANY criminal record with ANY prison time, there would be no visa.

My other concern here is that YOU are the one asking, instead of the Petitioner, you know, the attorney's actual client.

 

[Elisac87 2]

6 minutes ago, pushbrk said:

"Call the courts".  That's how you get it, but there are no actual USCIS requirements.  Your attorney is incompetent, in my opinion.  Most "immigration lawyers" don't do family based immigration.  If they did, they would not ask for these records, unless there was a reason to think there was a sex crime against a child.  Now, if YOU, the foreign spouse, had almost ANY criminal record with ANY prison time, there would be no visa.

My other concern here is that YOU are the one asking, instead of the Petitioner, you know, the attorney's actual client.

 

Thank you for the clarifications.. We are both clients and i am helping my husband because you know even if He is the petitioner and US Citizen, He just got out 1,5 month ago from prison after 20 years and it is not easy to readpt to normal life and sistuations.

I am italian and I am the beneficiary and I do not have any criminal record charge or convictment or prison time.

 

[SalishSea 17,828]

If he got out so recently, I’m sure USCIS will want the court records, as his recent address/employment info on the petition will make it clear that he was incarcerated for a significant chunk of time.

[Elisac87 2]

1 hour ago, SalishSea said:

If he got out so recently, I’m sure USCIS will want the court records, as his recent address/employment info on the petition will make it clear that he was incarcerated for a significant chunk of time.

Thank you very much for the reply! I understand 🙂

[pushbrk 12,882]

5 hours ago, SalishSea said:

If he got out so recently, I’m sure USCIS will want the court records, as his recent address/employment info on the petition will make it clear that he was incarcerated for a significant chunk of time.

His address being a prison, with a start date far more than five years ago will do just fine for that.  There is no requirement to provide evidence to verify your current or past addresses.