Instructions For Form I-821 - Application For Temporary Protected Status Page 12

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NOTE: Provide the conviction and disposition documentation even if your records were sealed, expunged,
or otherwise cleared. You must provide the documentation even if anyone, including a judge, law enforcement
officer, or attorney, told you that you no longer have a record or that you do not have to disclose the information.
Please see Item 6. about what you should submit if you are not able to obtain a true copy of the official record
concerning any arrest, charge, or conviction, including any records of juvenile criminal history or records that are
otherwise sealed.
NOTE: An adjudication of juvenile delinquency is not a “conviction” under U.S. immigration law. However,
if a minor is charged with a crime in a criminal court proceeding rather than being placed in a juvenile court
proceeding, the charges could be relevant. You must disclose all arrests and charges. If any arrest or charge
was disposed of as a matter of juvenile delinquency, include the court or other public record that establishes this
disposition.
B. Particularly Serious Crimes and Serious Nonpolitical Crimes
If you were ever convicted of or ever committed a “particularly serious crime” that constitutes a “danger to the
community of the United States,” or there are serious reasons for believing that you have committed “serious
nonpolitical crimes” outside of the United States before your arrival in this country, you cannot be granted
TPS. USCIS will make the determination as to whether your crimes fall into either of these categories. You
must, however, provide information and, if available, any supporting documentation on all crimes which you
have committed or were convicted of in the United States or outside of this country so that USCIS can make an
appropriate decision. If you believe that any of your arrests or convictions were politically motivated, describe
why in your supplemental statements.
6. What if official documents are not available?
USCIS always prefers receiving true copies of official records.
However, USCIS also understands that an applicant may not be able to obtain copies of some official records.
You do not need to submit an official record if you establish that the record is not available to you or your designated
representative. (In some cases, the law will allow you to obtain your own records, but does not necessarily allow
someone other than you or your designated representative to obtain the records. If you or your representative can
obtain the records, you must do so.)
Ordinarily, a certificate from the custodian of the records explaining that the records cannot be disclosed to you is
enough.
But if you claim that a record is not available because of a “confidentiality” law or other reason, please submit:
(1) A copy of your petition or motion to the court or other custodian of the record seeking permission to obtain a
copy to submit with your application; and
(2) A copy of the court’s or custodian’s order denying permission, if possible.
If you show that you cannot obtain a copy of the official record, you can submit any secondary evidence that might be
available, such as copies that you or your attorney may have retained.
If you cannot obtain primary or secondary evidence, you must provide at least one written statement. Each written
statement must:
(1) Be from a named individual who has personal knowledge to the proceeding;
(2) Explain the source of the individual’s personal knowledge;
(3) Describe the nature of the proceeding, the underlying charges, and the disposition; and
(4) Be signed by the individual under oath, affirmation, or penalty of perjury.
If more than one individual provides a written statement, it must be a separate typed or written statement from each,
that is, two individuals cannot sign the same statement.
Form I-821 Instructions 10/19/17 N
Page 12 of 18

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