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  • Do I mention Traffic violations?

    Currently on ESTA. Just married a US citizen. Filling out I-485

    Part 8. General eligibility and inadmissibilty grounds

    -question 25 Have you EVER been arrested, cited, charged, or detained for any reason by any law enforcement official?

    -question 26 Have you EVER committed a crime of any kind (even if you were not arrested, cited, charged with, or tried for that crime)?

    -question 27 Have you EVER pled guilty or been convicted crime offense?

    I was in the US in 2015/2016 on a j1 graduate visa (14 months) and I got two traffic violation tickets. One for speeding, one for making a left turn before it was my turn.

    In a letter from the DMV it stated he following:

    CONVICTIONS:

    Violation date....Conviction date....Sections violated....Court....Vec lice....Points
    Xx/xx/xx...........Xx/xx/xx............21801avc...............Xxxx....Xxxxxxxx......1
    Xx/xx/xx...........Xx/xx/xx............22356bvc...............Xxxx....Xxxxxxxx......1


    So it’s clear I was convicted for violations, but does that qualify as a crime, charge or a citation? Do I answer yes to any of the above questions? thank you.
    Last edited by lukefromireland; 01-05-2018, 04:12 AM. Reason: Traffic, violations, convictions, I-485, citation
    Marriage-based AOS - Concurrent filing.
    02/14/2018 - Case received
    02/20/2018 - Received 4 I-797 NOA letters
    03/16/2018 - Biometrics
    04/08/2018 - Expedited EAD (Extreme Emergent Situation)
    04/20/2018 - Received a letter requesting evidence of Extreme Emergent Situation
    05/04/2018 - Notified that EAD being processed
    05/11/2018 - EAD arrived
    07/18/2018 - Request for interview
    08/23/2018 - Interview - GC approved

  • #2
    Hi! I'm not an expert nor a lawyer, but if it were me, I'd go for full disclosure on the AOS forms, however petty, minor or irrelevant the offense was. With USCIS, you'll never know how deep they dig, and with the FBI doing background checks, physical records or data that we thought had been purged might still be electronically stored somewhere. It may come up during the interview, but at least you disclosed it from the start. Although a traffic violation is only an infraction, not a crime, it still went against the law. So for me, I would answer 'Yes' to Q25 and 'No' to Q26 and Q27. Then, on the last page of the form, I would explain why and what happened. This is just my opinion.

    I came across this experience shared by another forum member, it could be helpful (or not lol), but worth noting: https://www.immihelp.com/forum/showt...iew-experience
    Marriage; Concurrent
    11.22.2017: PD
    12.04.2017: 4 NOAs in mail
    12.28.2017: Bio Appmt
    04.23.2018: RFE in Mail
    06.29.2018: RFE Response Sent
    07.02.2018: RFE Response Rcvd
    07.21.2018: I-693 Courtesy Ltr
    07.26.2018: "Interview scheduled"
    08.02.2018: Interview Notice in mail
    08.31.2018: INTERVIEW/Approval
    09.04.2018: SS Card in mail
    09.05.2018: "We mailed your EAD"
    09.06.2018: "We mailed your GC"
    09.08.2018: EAD/AP Combo card & I-130/I-485 Approvals in mail
    09.10.2018: GC in hand

    Comment


    • #3
      The answer is "yes" to all three questions

      Comment

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