old arrest record and I90 appointment

[ajkroy]

What is the name of your state? NH, but arrest was in FL

I received an appointment letter yesterday to appear at my local application support center to have my biometrics taken on Monday. I am simply renewing my green card. However, this letter has a requirement that I don't remember seeing before:

*Disposition of Arrest(s). "Applicants MUST bring certified or original evidence of disposition of any arrest/charge in or outside the U.S. Unless it is alcohol or drug related, you do not need to submit documentation for traffic incidents that do not involve an arrest if the only penalty was a fine of less than $500 and/or points on your driver's license. Failure to provide this information may result in your application being delayed or denied."

I am concerned because my one and only arrest was eleven years ago, a year prior to my last green card renewal. In 1995, I had a ticket for driving with expired registration and no insurance. I accidentally short-paid the fees (I simply paid the tickets and didn't account for additional clerk fees, my dumb mistake). Unbeknowst to me, a bench-warrent was issued for my arrest and I was in a minor fender-bender about two months later...so off I went with the officer. I paid the additional fine and fees and was out of the police station within a few hours.

I no longer have paperwork about the disposition of this arrest. I have searched the Clerk of Courts website and they do not have a record of it on file, at least in their searchable database. My questions are:

- Should I request to reschedule the biometrics appointment on Monday in order to obtain certified copies of this arrest?
- If I cannot locate the correct paperwork, do I have to abandon my petition?
- Does this even matter because the arrest was PRIOR to my last renewal? I honestly cannot remember if they asked me last time, but I am certain I would not have lied about it.

I appreciate in advance any replies and/or advice.

 

[jackwabbit703]

Re: I90 and old record

You have nothing to worry about. Since your arrest was a traffic related misdemeanor charge and it was not a serious deportable crime (i.e. drugs trafficking, murder, rape etc) you'll be fine. INS is looking for people with outstanding warrants or deportable crime that was commited in the past that has not been resolved yet. If INS ask you about the disposition papers, just be honest and tell them you couldn't get it and you'll willing to tell them all about it!

Green Card Renewals Generate Enforcement
Posted Dec 09, 2005
©MurthyDotCom
In late November 2005, members of the American Immigration Lawyers Association (AILA) reported that their clients have been experiencing enforcement action connected to the filing of I-90 forms to request new green cards. The reports indicate that permanent residents with outstanding warrants for their arrest have been arrested, detained, or issued Notices to Appear (NTAs) during I-90 interviews.
©MurthyDotCom
A green card holder files an I-90 when his/her green card is lost or stolen or the card expires and a new card is required. Even if the card expires, one is still in lawful permanent resident status. The card is simply proof that the individual holds that status. Previously, this process was strictly clerical, without the type of background checks that can generate enforcement action.
©MurthyDotCom
A person who has a green card is still subject to removal from the U.S. if s/he commits certain crime/s. The I-90 procedure is, apparently, being used to locate people with outstanding warrants. It appears that this technique is used regardless of whether the crime is a removable offense. Therefore, if there is an outstanding criminal matter or warrant of any type, the lawful permanent resident should take steps to resolve the matter prior to filing the Form I-90.
©MurthyDotCom
Even for permanent residents, certain crimes, as indicated above, can subject the individual to removal from the U.S. Even if the crime is not a removable offense, it will likely impact upon one's ability to become a U.S. citizen. One important requirement for naturalization is that the person must have had good moral character for the five years preceding naturalization. Any conviction during the five-year period prior to a grant of naturalization may result in a denial of the naturalization benefit. Any lawful permanent resident who is arrested should retain a criminal attorney who is either knowledgeable about immigration issues or is willing to work with an immigration attorney who is knowledgeable about criminal issues, to properly assess any potential impact on the individual's immigration status or future status.

 

[FLMommy]

Jack, I agree with you that it will most likely not harm the OP's GC renewal, HOWEVER I do think he should include documentation since there was a warrant out for his arrest and he was consequently arrested. The OP quotes from USCIS papers that minor traffic violations etc don't have to be 'reported', but since he got arrested, I think he should include documentation. Original poster: If you cannot find the arrest record at the Clerk of Courts, I would simply add a letter of explanation to your renewal form, in which you state what happened, how long ago it was, and that you cannot find anything on record at the Courthouse because it's been so long. Just be honest. And I really don't think you have anything to worry about.

 

[ajkroy]

Thanks for the replies!

::waves at FLMommy:: it seems that we are answering each other's questions now!

Thanks for the replies. I went to my appointment this morning and it never even came up. I was prepared to answer any questions truthfully but they didn't even ask. I am thinking it is because it was a minor situation eleven years ago, that Homeland Security either doesn't know about it or doesn't care. I have been a model citizen in all other aspects, and plan to remain so.

While I am grateful for such a quick appointment, they REALLY don't give a person much time! I received the notice of today's appointment in the mail on Friday...which means that if I DID need documentation, I would have been unable to obtain it in such short notice. Thankfully, it appears it wasn't needed today.

Again, thanks for the replies!