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The Form I-485 Application and Criminal Record Report

Hi William,

I am in the process of applying for the Form I-485 to get the U.S. Green Card. Do I have to report my previous arrest record in the US?

Answer,

If you are applying for an Adjustment of Status in U.S., you will have to provide information about your criminal history on Form I-485, Application to Adjust Status. Before you can become a lawful permanent resident, the U.S. Citizenship and Immigration Service (USCIS) first needs to make sure you have not had trouble with law enforcement that could disqualify you in any way from getting a green card.

You must list any incidents you have had with law enforcement on your green card application, either in your home country or in the United States. Your list should include every citation, arrest, or criminal charge on your application, even criminal charges that were later dropped. The only incidents you do not need to mention are traffic violations. You have to be truthful and honest in reporting these incidents. Liaing on your application will only hurt your chances of getting a green card.

An applicant of Form I-485 that has previously been arrested are required to submit original or court-certified copies of the arrest records, court dispositions or both. If an applicant’s fingerprints reveal an arrest record, the applicant’s Form I-485 application file should contain a Record of Arrest and Prosecution (RAP) sheet.

If there is an arrest record, the
Form I-485 applicant must submit an original or certified copy of the official arrest report or other statement by the arresting agency and official court records showing the disposition of all arrests, detentions, or convictions, regardless of where in the world the arrest occurred. The Applicant is not required to submit records for minor traffic violations, records that are not drug or alcohol-related, did not result in an arrest, or in which the only penalty was a fine of less than $500 or points on a driver’s license.









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