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Q&A

Q&A Post from Avvo.com – Police Reports at the Immigration Interview


PUBLIC’S QUESTION: Immigration Interview

Asked about 3 hours ago – Orlando, FL
Practice area: Immigration

I am scheduled for my citizenship interview. When I had an argument with my wife she called the police. The officer came our home and advised us. there was no arrest or other charges.I had mentioned this in N 400. I have a copy of the police report with me. That’s the only thing available. I checked with the courts records office and they don’t have any record of me. My question is a copy of the police report enough or can I get a certified copy. How do I get a certified police report? During the interview Do I have to tell the whole story about it or a brief summary would be enough? thank you

ANSWER:

Answered 3 minutes ago. Immigration Attorney in Miami, FL.
Hello,The N-400 appears to have several options regarding arrests and detentions that you may or may not have checked as applying to you. What you did check may determine what type of document you should provide. For example, if you have ever been detained by a law enforcement officer for any reason, and no charges were filed, you should send an “original official statement by the arresting agency or applicant court confirming that no charges were filed”. On the other hand, if you have ever been arrested or detained by a law enforcement officer for any reason, and charges were filed, then you should send an “original or court-certified copy of the complete arrest record and deposition for each incident (dismissal order, conviction record or acquittal order). Thus, you should determine what category applies to you, what document you have, and what office issued it that can certify to its authenticity.Please also note that it appears that if you have been arrested or convicted of a crime, you may send “any countervailing evidence or evidence in your favor concerning the circumstances of your arrest and/or conviction that you would like the USCIS to consider”. You may wish to consider this option if you wish to fully explain the circumstances of your altercation.

It can sometimes be difficult to obtain the proper copies of the proper paperwork. In order to clarify whether your report is being held at the Sheriff’s Office, the County Clerk, or in some other city or county official’s office, you may have to do some research and thorough calling around. Sometimes, police reports are not public record and thus you may only receive a letter from the police either indicating the authenticity of your own report or stating that the record is not public. You may need an attorney to assist you in this.

As regards the interview process, the USCIS has an express set of guidelines on its interview process. It appears that any conduct or acts which offend the accepted moral character standards of the community in which the applicant resides should be considered, without regard to whether the applicant has been arrested or convicted. The instructions on the N-400 state that you should answer ever question honestly and accurately, and that if you do not, the U.S. may deny your application for lack of good moral character. Each type of alleged offense has differing importance and effect in an interview, so you may not be in considerable risk. You may wish to consult an attorney to further discuss the details of your case.

Most immigration attorneys will provide a consultation free or for a limited fee to discuss your case in more detail.

Best of luck.

Regards,
Miami International Attorneys, P.L.
abernhard@miamivisahelp.com
P.O. Box 191057
Miami Beach, FL 33119
Tel: 786-566-1969

For more answers to your questions, contact MIA at abernhard@miamivisahelp.com or Miami International Attorneys at www.miamivisahelp.com.

Miami International Attorneys, P.L.

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