Instructions For Application To Register Permanent Residence Or Adjust Status (Form I-485) (Page 13 of 42) in pdf

11. Certified Police and Court Records of Criminal Charges, Arrests, or Convictions

You must submit certified police and court records for any criminal charges, arrests, or convictions you may have.

A. If you were EVER arrested or detained by a law enforcement officer for any reason anywhere in the world,

including the United States, and no criminal charges were filed, you must submit:

(1) An original or certified copy of the complete arrest report; and

(2) Either an official statement by the arresting or detaining agency or prosecutor’s office OR an applicable court

order that indicates the final disposition of your arrest or detention;

B. If you were EVER charged for any reason (even if you were not arrested) anywhere in the world, including the

United States, you must submit:

(1) An original or certified copy of the complete arrest report; and

(2) Certified copies of BOTH the indictment, information, or other formal charging document AND the final

disposition of each charge (for example, a dismissal order or acquittal order);

C. If you were EVER convicted or placed in an alternative sentencing or rehabilitative program (such as probation,

drug treatment, deferred adjudication, or community service program) anywhere in the world, including the

United States, you must submit:

(1) An original or certified copy of the complete arrest report;

(2) Certified copies of the following: the indictment, information, or other formal charging document; any plea

agreement, whether in the form of a court filing or recording in a hearing transcript; and the final disposition

for each incident (for example, conviction record, deferred adjudication order, probation order); and

(3) Either an original or certified copy of your probation or parole record showing that you completed the

mandated sentence, conditions set for the deferred adjudication, or rehabilitative program OR documentation

showing that you completed the alternative sentencing or rehabilitative program; or

D. If you EVER had any arrest or conviction vacated, set aside, sealed, expunged, or otherwise removed from your

record anywhere in the world, you must submit:

(1) An original or certified copy of the complete arrest report; the indictment, information, or other formal

charging document; any plea agreement, whether in the form of a court filing or recording in a hearing

transcript; and the final disposition for each incident (for example, conviction record, deferred adjudication

order, probation order); and

(2) A certified copy of the court order vacating, setting aside, sealing, expunging, or otherwise removing the

arrest or conviction.

You must disclose all arrests and charges, even if the arrest occurred when you were a minor. An adjudication of

juvenile delinquency is not a “conviction” under U.S. immigration law, but a juvenile can be charged as an adult for

an offense committed while a juvenile. If you were convicted as an adult, there is a conviction, regardless of whether

you were tried before a criminal court or a juvenile court. An adjudication of juvenile delinquency could also be

relevant to the exercise of discretion. If you claim that an arrest resulted in adjudication of delinquency, and not in a

conviction, you must submit a copy of the court document that establishes this fact.

In general, you do not need to submit documentation relating to traffic fines and incidents that did not involve an

actual physical arrest if the penalty was only a fine of less than $500 or points on your driver’s license. However,

you must submit such documentation if the traffic incident resulted in criminal charges or involved alcohol, drugs, or

injury to a person or property.

If you are not able to obtain certified copies of any court disposition relating to Items 11.A. - 11.D., please submit:

A. An explanation of why the documents are not available, including (if possible) a certificate from the custodian of

the documents explaining why the documents are not available;

B. Any secondary evidence that shows the disposition of the case; or

Form I-485 Instructions 06/26/17 N

Page 13 of 42

Instructions For Application To Register Permanent Residence Or Adjust Status (Form I-485) Page 13

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