Certificate of Disposition for Immigration Purposes
When you apply for United States Citizenship, you must disclose any arrests or criminal convictions. A Certificate of Disposition is needed because it conveys several important factors to the Department of Homeland Security. A Certificate of Disposition is an official summary of what the charges against you were, the date of arrest, the court and county where you were prosecuted, and the outcome of the case and what the punishment was.
When completing an Application for Naturalization (Form N-400) you must disclose any arrests. Once you complete that and submit it to U.S. Citizenship and Immigration Services, The U.S. Department of Homeland Security US. Citizenship & Immigration Services office will review your file. If U.S. Citizenship & Immigration Services requires further documentation from you about your arrest, you will get a form in the mail called N-400 REQUEST FOR EVIDENCE (N-14). This form will be mailed to your home address and will have a date, a case number, and the the name of the officer assigned to your case.
The N-400 Request for Evidence (N-14) Form will state very briefly that based on information that you disclosed on your N-400 Application for Naturalization, the U.S. Citizenship & Immigration Services office requires further evidence. This form asks for evidence to be submitted in original form. It also warns that documents in a foreign language must be submitted with a certified English translation.
N-400 Request for Evidence (N-14) regarding the Disposition of Arrests will ask you to provide the original copy of the court certified disposition or dispositions of the arrest. It also asks you to provide proof of fulfillment of sentence or sentences and payment of fines for the arrest, if there were any.
In some rare instances, it will not be possible to obtain a record of arrest. This may occur if the date of arrest was a very long time ago. In that case, the N-400 Request for Evidence (N-14) Form asks you to submit as proof a certified letter from the court stating that there is no record of arrest. The information that is provided usually includes the date or year of arrest, the agency who arrested you, and the charge.
The U.S. Citizenship & Immigration Services Office may also indicate on Form N-400 Request for Evidence (N-14) that you submit a Record of Conviction. The documents which make up the criminal records include: the indictment or complaint, plea agreement or court minutes,Court transcripts for the date of arrest, and the final judgment.
This form will be signed by the case officer assigned to your case, whose name appears on the top of the form. Once you submit the required documents to the Case Officer at U.S. Citizenship & Immigration Services, the office will review to make sure that the file is complete. If they require more documents they will send you another form. If the file is complete they will continue to review your Application for Naturalization.
Spodek Law Group P.C. can assist you in filling out N-400 Request for Evidence. We will obtain the Certificate of Disposition for you and will submit an original stamped copy according to the standards required by the U.S. Department of Homeland Security. We can also assist you in submitting documents which make up the Record of Conviction if U.S. Citizenship & Immigration Services asks you to. We will be able to obtain your indictment, your plea agreement, Court minutes, Sentencing minutes, Court transcripts and final judgments.
Spodek Law Group P.C prides itself on providing first class service to our clients. We understand that applying for naturalization is a stressful and time consuming process, and that a person undergoing this application process feels a variety of emotions and sentiment. When dealing with a prior arrest, the situation becomes even more stressful. Our office will provide you with excellent service and with the sensitivity required during this process.
Please call us at (347) 292-8630 to discuss obtaining a Certificate of Disposition for you.