Amelia Blake

Obtaining Criminal Records for Green Card Applications: A Comprehensive Guide

When applying for a green card, individuals with any history of police interactions may need to provide specific documentation. This guide outlines the process for obtaining and submitting criminal records for your green card application.

Required Documents Based on Situation

1. Arrested or detained, no charges filed:
• Original or certified copy of the arrest report
• Official statement from the arresting agency or prosecutor's office

2. Charged but not convicted:
• Original or certified copy of the arrest report
• Certified copies of indictment, information, or charge, and outcome

3. Convicted or placed in alternative sentencing/rehabilitation:
• Original or certified copy of the arrest report
• Certified copies of indictment, information, or charge, plea agreement, and outcome
• Original or certified copy of probation/parole record or completion of alternative program

4. Vacated, expunged, sealed, or amnesty granted:
• All documents from scenario 3, plus evidence of the action taken

Obtaining FBI Criminal Records

1. Complete FBI Identity History Summary Request Form
• Online or paper form
• Include name, date of birth, and mailing address
• Purpose: "personal review" or "review own record"

2. Get fingerprints taken
• Use FBI fingerprint card
• Visit a location offering fingerprinting services
• For online applications, use participating U.S. post offices

3. Pay $18 fee
• Money order or cashier's check to "Treasury of the United States"
• Credit card payment through provided form
• Fee waiver available with proof of indigence

4. Submit request
• Mail to: FBI CJIS Division – Summary Request, 1000 Custer Hollow Road, Clarksburg, WV 26306
• Or submit online

5. Wait for response (2-4 weeks for mail, 3-5 business days online)

State Criminal Records

Process varies by state. Research specific state policies where the encounter with law enforcement occurred.

Important Considerations

• Provide certified translations for non-English documents
• Undocumented individuals should be cautious when visiting law enforcement agencies for fingerprinting
• Each state may have different rules for obtaining criminal records

Resources

• FBI Identity History Summary Checks: https://www.fbi.gov/services/cjis/identity-history-summary-checks
• USCIS Green Card Eligibility Categories: https://www.uscis.gov/green-card/green-card-eligibility-categories

Disclaimer

The information presented in this article is intended for academic and marketing purposes only and should not be construed as legal advice. It is essential to consult with a qualified immigration attorney or legal professional for accurate and up-to-date legal counsel specific to your individual circumstances. Laws and regulations are subject to change, and professional guidance is crucial to ensure compliance.

OpenSphere is a technology company and does not hold itself out as a law firm. It operates independently and is not affiliated with or endorsed by the U.S. Citizenship and Immigration Services (USCIS) or any government entity. OpenSphere, its authors, and agents do not warrant the accuracy or real-world applicability of the information herein, nor are they liable for any damages arising from reliance on this information.

Suggested tags: Green Card, immigration, USCIS, Visa guides, criminal records