When applying for a family-based or marriage-based green card, the U.S. government conducts background checks on all applicants. If you’re a family member seeking a green card, you’ll need to provide details of your past interactions with law enforcement, including any arrests, charges, or convictions, from both your home country and the U.S. (Minor traffic violations are the only exception.)
This guide explains which court records and police reports you need to submit, how to get them, and what to do if you can’t obtain them. It’s important to note that police records are not the same as a police clearance certificate, which is required for family members applying for a green card from abroad.
Who Needs to Submit Their Records?
Although background checks are done on both family members, only the applicant for the green card (the family member) must submit court, police, or prison records. This applies to arrests or charges that happened when they were minors and even to cases that were later expunged (removed) from their record. The specific requirements depend on whether the applicant is applying from within the U.S. or from abroad.
What Records Do I Need to Submit?
If you’re applying from abroad: You must submit certified court and prison records for each conviction, even if you were later pardoned, granted amnesty, or received any other form of clemency. You do not need to provide records for arrests that did not lead to convictions.
The records should include:
- Details about the crime you were convicted of
- The outcome of your case, including the penalty, fine, or sentence
If you’re applying from within the U.S.: You must submit certified police and court records for any arrests, charges, or convictions—even those that happened while you were a minor or were later removed from your record.
You do not need to report or provide records for minor traffic violations unless they resulted in criminal charges, involved alcohol or drugs, or caused personal injury or property damage.
What If I Was Arrested, Charged, or Convicted?
Here’s what you need to submit based on your situation:
| If you were… | You must submit… |
| Arrested, but no criminal charges were filed | Certified copy of the arrest report) Statement from the arresting agency or court order showing the outcome |
| Charged, but not convicted | Certified copy of the arrest report Certified copies of the indictment and the outcome |
| Convicted or placed in rehabilitation or alternative sentencing | Certified copy of the arrest report) Certified copies of the indictment, plea agreement, and case outcome) Certified copy of probation or parole records (if applicable) |
What If My Records Are Not in English?
If your records are written in a language other than English, you must provide a certified English translation along with the original records.
Where to Get Your Records
If you’re applying from abroad: You can find information about how to get your records from your home country’s issuing authority on the U.S. Department of State’s website. Search for your country’s name, then go to the “Police, Court, Prison Records” tab for instructions, fees, and procedures.
If you’re applying from the U.S.: You can usually get court records directly from the court where your case was heard. Police records are generally available from the local police department that handles your case.
Other options include:
- County authorities: County courthouse, Sheriff’s department
- State authorities: Department of Public Safety, Police Department, Bureau of Investigation
What If I Can’t Get My Court Police Records?
If you’re applying from abroad and cannot get certified copies of your court or prison records, you must provide a notarized affidavit explaining why the documents are not available. Also, 6If the country’s guidelines say the records are “unavailable,” you do not need to submit them.
If you’re applying from within the U.S. and cannot obtain your records, you need to submit:
- A notarized affidavit explaining why the documents aren’t available
- A certificate from the issuing agency (if possible) explaining why the records are missing
- Any other available evidence describing the incident and the outcome
How can I expedite my FOIA request for immigration records
To expedite your Freedom of Information Act (FOIA) request for immigration records, follow these guidelines:
Submit Your Request Online:
Use the USCIS online FOIA service to submit your request. This method is faster than mailing and allows you to track the status of your request in real-time.
Be Specific in Your Request:
Clearly specify the documents you need rather than requesting an entire file. The more precise your request, the quicker it can be processed. For example, if you need specific forms or correspondence, mention them explicitly.
Check Existing Records:
Before submitting a request, verify if the records you need are already available in the USCIS Electronic Reading Room. This can save time and reduce unnecessary requests.
Request Expedited Processing:
If your situation meets certain criteria (e.g., urgency due to a scheduled hearing), explicitly request expedited processing in your FOIA application. Provide a clear justification for why expedited treatment is necessary.
Include Required Documentation:
For first-party requests (your own records), include a verification of identity, such as Form DOJ-361, to facilitate access to your records. If applicable, attach any documentation that supports your need for expedited processing.
Follow Up:
After submitting your request, consider following up with USCIS if you do not receive a response within the expected timeframe. This can help ensure that your request is being processed.
What are the steps to request court records through the Record of Proceeding (ROP) process
To request court records through the Record of Proceeding (ROP) process, follow these steps:
Determine Eligibility:
You must be the subject of the ROP or have a specific legal relationship to the subject (e.g., parent or guardian for minors). Attorneys or representatives of record can also request records directly.
Complete Form EOIR-59:
While you can submit a request without this form, it is recommended to complete Form EOIR-59 to ensure all necessary information is included. This form helps streamline the processing of your request.
Include Required Information:
If not using Form EOIR-59, your request must include the following details:
- Full name of the person named on the ROP.
- Date of birth.
- Place of birth.
- A-number (Alien Registration Number).
- Specify which portions of the ROP you want (e.g., whole file or specific documents).
Indicate your preferred method of delivery (email, mail, or in-person pickup), along with your contact information.
Submit Your Request:
You can submit your ROP request through one of the following methods:
- By Email: Send your request to the immigration court where your last hearing was scheduled. Ensure your email subject line includes your last name and the last four digits of your A-number (e.g., “Smith – 5678”). Attach Form EOIR-59 if completed.
- By Mail: Send your request to the immigration court where your last hearing occurred. Check for the correct mailing address on the EOIR website.
- In Person: Visit the immigration court in person to submit your request. It’s advisable to call ahead to confirm operational hours and whether you can receive same-day service.
Await Response:
Responses may be available on the same day for electronic files, but processing times can vary based on case complexity and court workload. If you do not receive a response in a timely manner, consider following up with the court.
If no other evidence is available, you must provide at least two additional notarized affidavits from people who personally know the details of the incident.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make your travel straightforward and successful. Whether you’re applying for a Family-Based Green Card or a U Visa, we handle every step—from preparing your application to gathering the required documents.
Our Immigration Consultants and Lawyers ensure that your application meets the highest standards, with no details missed. We’ll also keep you informed throughout the process and coordinate with the immigration office or embassy on your behalf.
Law and Visas have a strong record of helping clients secure the visas/permits they need for International travel. You can call us today at +234 812 5505 986 to learn how we can help you.
