Clarification on Arrests v. Tickets

You do not need to submit documentation for traffic fines or incidents that did not involve an arrest or did not involve drugs or alcohol, if the only penalty was a fine of less than $500 or points on your driving record.

G. Arrests/Convictions. 

No charges were filed

If you have ever been arrested or detained anywhere in the world, by any law enforcement officer, for any reason, and no charges were filed, bring:

(1) An original or court-certified arrest report; and

(2) An official, certified statement from the arresting agency or applicable court confirming that no charges were filed.

Charges were filed

If you have ever been arrested or detained anywhere in the world, by any law enforcement officer, for any reason, and charges were filed, bring:

(1) Certified photocopies of all arrest reports, charging documents, court dispositions, sentencing reports, and any other relevant documents.(

2) You may include any additional evidence in your favor concerning the circumstances of your arrests or convictions that you would like USCIS to consider.

(3) If you were placed on probation, you must provide evidence to show that you completed your probationary sentence.

Convicted or placed in an Alternative Sentencing Program

If you have ever been convicted or placed in an alternative sentencing program (such as diversion) or rehabilitative program (such as a drug treatment or community service program), bring:

(1) An original or court-certified sentencing record for each incident; and

(2) Evidence that you completed your sentence, such as a probation record, parole record, or evidence that you completed an alternative sentencing program or rehabilitative program. Copies must be certified by the issuing agency.

Arrest/conviction vacated, set aside, sealed, expunged.

If you have ever had any arrest or conviction vacated, set aside, sealed, expunged, or otherwise removed from your record, bring:

(1) An original or court-certified court order vacating, setting aside, sealing, expunging or otherwise removing the

arrest or conviction from your record; or

(2) An original statement from the court that no record exists of your arrest or conviction.

NOTE: You must provide the documentation even if someone including a judge, law enforcement officer, or

attorney told you that you no longer have a record or told you that you do not have to disclose the information.