RFE for Police Arrest Records - need advice

[dptrs 1]

Hi everybody! 

 

My NOA1 is from May 25. When we sent our packet, we included the certified court records. On January 3rd, my fiancé received the biometrics appointment notice, and about one week after he completed biometrics, we received an RFE. In the RFE, USCIS acknowledged that we submitted the court records for his charge. However, they stated that we did not submit the police records, nor a statement detailing the events that led to the arrest.

 

The RFE specifically states:

“Please submit certified copies of all police arrest records, showing the charges and dispositions for every offense. The documents must provide information explaining the circumstances, places, dates, and outcomes for each incident of arrest, citation, charge, indictment, conviction, fine, or imprisonment. This is required even if your records were sealed, expunged, or otherwise cleared and regardless of whether anyone, including a judge, law enforcement officer, or attorney, told you that you no longer have a criminal record.”

 

In addition to evidence establishing the court documents are not available, submit a notarized statement detailing the events that led to the arrest, the arresting agency, what charges were filed by the arresting agency, the final disposition (guilty, not guilty, etc.) of all of the charges with a list of the charges, the location of the court and any punishments.”

 

We are having difficulty obtaining the arrest record. My fiancé went to the Sheriff’s Office and the Police Department, and they informed him that they do not provide this document. One employee was not even familiar with what this document was. Would submitting only a notarized statement along with the FBI Identity History Summary (rap sheet) be sufficient? If anyone has gone through a similar situation, we would truly appreciate any information or guidance you can share.

[JeanneAdil 7,480]

In California he has to follow the  guides for the submission of these record for immigration / visa

 

https://oag.ca.gov/fingerprints/visaimmigration

 

He can request his own records as stated but to be legal for immigration he has to follow the above site for visa purposes

 

the California Department of Justice (DOJ) maintains a centralized system for criminal history records, including arrests and dispositions. These records are confidential, generally retained until the subject turns 100, and restricted to law enforcement or authorized agencies. Individuals can request their own records. 

[dptrs 1]

Hello! Tks for the reply. It states that “California Penal Code section 11105(c)(9) allows the Department of Justice (DOJ) to furnish state summary criminal history information to any individual who is the subject of the record requested if needed in conjunction with an application to enter the United States or any foreign nation.”

 

However, he is not the beneficiary and he is not immigrating. He is the petitioner and US citizen.

[JeanneAdil 7,480]

33 minutes ago, dptrs said:

Hello! Tks for the reply. It states that “California Penal Code section 11105(c)(9) allows the Department of Justice (DOJ) to furnish state summary criminal history information to any individual who is the subject of the record requested if needed in conjunction with an application to enter the United States or any foreign nation.”

 

However, he is not the beneficiary and he is not immigrating. He is the petitioner and US citizen.

yes, they are able to get copies for their personal info but california law states 

 

An "Apostille" or a "Certification" is frequently required by foreign governments before the background check will be accepted. The document you will receive from the California DOJ is NOT the actual Apostille. As such, if you need this additional service, you will need to contact the DOJ at visa-immigration@doj.ca.gov after you receive the DOJ response in the mail.

 

and even though he is the USC, he has to follow immigration requirements for the immigrant's visa in that state

 

i get it that you sent his criminal records with the petition (as stated in your post) but the post above from the the California attorney general states what is accepted by immigration in his state     And yes,  states can have special rules like some accept cousins to marry and others don't 

 

 

[pushbrk 14,346]

7 hours ago, JeanneAdil said:

yes, they are able to get copies for their personal info but california law states 

 

An "Apostille" or a "Certification" is frequently required by foreign governments before the background check will be accepted. The document you will receive from the California DOJ is NOT the actual Apostille. As such, if you need this additional service, you will need to contact the DOJ at visa-immigration@doj.ca.gov after you receive the DOJ response in the mail.

 

and even though he is the USC, he has to follow immigration requirements for the immigrant's visa in that state

 

i get it that you sent his criminal records with the petition (as stated in your post) but the post above from the the California attorney general states what is accepted by immigration in his state     And yes,  states can have special rules like some accept cousins to marry and others don't 

 

 

No Apostille is needed because this is not for a foreign government, but it definitely is in conjunction with and immigrant visa application.  Those appear to be the correct instructions to follow.  Good idea to print a copy of those instructions and send it along too.

Edited February 12 by pushbrk

[dptrs 1]

Hi everybody! thanks for all the advice. Just a heads-up: after several attempts to obtain the police records, someone at the police department was willing to help and provided a statement explaining that documents older than 10 years are no longer kept on file and that the report has been purged.

 

I thought it was important to share this information in case anyone else goes through the same situation we did, so you don’t give up on insisting on access to some kind of document or official statement.

[TBoneTX 49,303]

17 hours ago, dptrs said:

someone at the police department was willing to help and provided a statement

That's wonderful news -- commendations on your persistence.

17 hours ago, dptrs said:

I thought it was important to share this information in case anyone else goes through the same situation we did, so you don’t give up on insisting on access to some kind of document or official statement.

For a new VJ member, you have the right idea firmly in mind.  Thanks for your consideration!