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.