Open container violation and pending I-485?

[tatum987]

My husband received an open container citation in New York last night, and we have a 485 application pending for him. Will this impact his chances of approval? We filed a few months ago, so no interview date yet or updates so far on the application. He was not arrested or fingerprinted, and I'm under the impression he was just charged a fine for the violation. Nothing else on his record at all. No traffic violations, no prior arrests, nada.

Wanted to check here first to see if anyone else has had any experiences with this. We may reach out to an immigration lawyer if it sounds like there is greater cause for concern, but we've also heard from some that this is very minor and shouldn't be an issue. That said, hubby is kicking himself for being stupid and putting himself in a position where he could run into any legal trouble at all. Lesson learned...

Thanks everyone!

[inadmissible]

Must it impact I-485 approval? No, conviction of something so minor does not render an alien inadmissible

Would it impact I-485 approval? Probably not, trivial issues like this are almost always overlooked

Could it impact I-485 approval? Yeah, if the adjudicating officer chooses to make an issue out of it. Adjustment of status is a discretionary benefit, that is adjudicating officers grant it to aliens who -in their judgement- are deserving of such an exercise of discretion. Open container violations speak to the aliens character, willingness to abide by rules, and relationship with alcohol. "Habitual drunks" are ineligible for permanent residency - but it is quite a jump to go from an open container violation to the idea someone is a habitual drunk

On the balance, I don't think your husband has anything to be afraid of. Make sure he adequately discloses it at the interview. Preferably, he should type up a "I-485 addendum" to present to the adjudicating officer to supplement his record.

[sashaacosta23]

no, dont worry, only arrest records matter and you've probably already had your biometrics taken, I wouldn't even bring it up. But if you wanna be more at ease, go to the courthouse and get the certified record for that. If none exists then go to the police department and ask for a background check, they have the 6 month wait for the fbi and doj , thats not the one you want, you want the quick one thats just local, they ask for his license or other form of valid i.d. they run his name and give you a signed document saying that he has no arrest records or criminal activity. My situation was different from yours but i think it might help you. i needed proof of being in the U.S at a certain time and i submitted a ticket i got during that time frame, this backfired because they sent me a request for a record of this "arrest", but it was just a ticket i never got arrested, it was just an infraction, and could get anything from the courthouse, so i got that background check from my police department to show them i've never been arrested and also wrote them a letter stating that it was never an arrest, just a minor infraction ticket, thankfully this was sufficient and my petition for work was approved a month later!,,,, good luck!

[inadmissible]

I disagree with two points you made:
- "only arrests matter", and
- "i wouldn't even bring it up"

Form I-485 specifically asks in Part 3-C, Item 1(b):

Have you ever, in or outside the United States been arrested, CITED, charged, indicted, convicted, fined, or imprisoned for breaking or violating any law or ordinance, excluding traffic violations? Answering "Yes" does not necessarily mean that you are NOT entitled to adjust status or register for permanent residence

Knowingly omitting a material fact in an application for immigration benefits can result in cat **** *phic results, although in reality aliens are often "cut slack" at the discretion of the adjudicating officer

For that reason, I stand by my suggestion this applicant submit an I-485 addendum in writing, to avoid any complications


edit: immihelp needs to work on his foul language filter lol

[efeaktug]

no, dont worry, only arrest records matter and you've probably already had your biometrics taken, I wouldn't even bring it up. But if you wanna be more at ease, go to the courthouse and get the certified record for that. If none exists then go to the police department and ask for a background check, they have the 6 month wait for the fbi and doj , thats not the one you want, you want the quick one thats just local, they ask for his license or other form of valid i.d. they run his name and give you a signed document saying that he has no arrest records or criminal activity. My situation was different from yours but i think it might help you. i needed proof of being in the U.S at a certain time and i submitted a ticket i got during that time frame, this backfired because they sent me a request for a record of this "arrest", but it was just a ticket i never got arrested, it was just an infraction, and could get anything from the courthouse, so i got that background check from my police department to show them i've never been arrested and also wrote them a letter stating that it was never an arrest, just a minor infraction ticket, thankfully this was sufficient and my petition for work was approved a month later!,,,, good luck!

Hello

i received an open container ticket August 2018 on Long Beach and I paid that immediately. I just got married 2 months ago and I am going to apply for green card. would that be a problem? Othervise what should I do?

Regards