Speeding and reckless driving citation

[h1_visa]

Hi

Recently I got a speeding and reckless driving citation in NC.The speed was 82 in a 55 zone.Since it was above 80 so I was given reckless driving charge too.No one was injured,no property damage also.

I want to know if it affects my H1b Extension when i apply for it in July2012.

One of the charges may be dropped/reduced via plea bargain,please advise if H1 extension and or visa stamping will be a problem.

[shervin143]

http://www.immihelp.com/forum/showthread.php?t=48483

http://www.immihelp.com/forum/showthread.php?t=50698

[h1_visa]

Re: Question

Hi Shervin,

Thanks for providing all the input.Just FYI,I was not arrested,just cited.Also I intend to file my H1 B extension of stay from USA ,I am not travelling to India.Please advise in light of the above.

[shervin143]

If you were not arrested, then it should not be an issue.

[h1bvisa35]

Same situation

Hi h1_visa,

I'm in the same boat as you. In 2009, I got a citation for speeding 92/55 and hence - reckless driving in NC. I was not arrested or anything. With the help of a lawyer, the reckless driving charge was dismissed and the speeding was plead down to 70/55. I had to pay $100 fine and $130 in court costs.

Now I have to file for H1B extension. I consulted a leading law firm that deals with immigration matters and they said that I must answer "Yes" for the "Have you ever been arrested, convicted...." question. This is because, in the state of NC, both these speeding charges are considered misdemeanors (criminal charges) and they will show up in background checks as a criminal record. I had already checked mine after the court disposition was over and they do show up as my "criminal record".

They also said that IF after a detailed analysis they conclude that this is not a charge on which H1B stamping or GC can be denied, we can definitely argue and win with the consulate. I already researched a lot (over 2.5 years) and have determined that these are not charges on which we can be denied stamping or entry at POE. But, my concern is about getting the I-797 extension first in the US as we also have to mention this when we apply for extension. I've been advised to attach the details of the final disposition when I apply for H1B extension. I don't know hoe my employer's law firm is going to react to this. But, keeping my fingers crossed. If you find out any info, do let me know.

oh...and btw..I was also adviced not to do premium processing. By regular processing, if h1b extension gets denied for any reason, by appealing that decision, we can still be in the US for 280 days beyond the date on the I-94 and hence try to resolve this issue in that time frame.

I do not vouch for any legal advice I've received. Please use your judgement in deciding how to proceed as individual cases and backgrounds are different. I hope we both get this resolved smoothly. Do keep sharing your case details.

[h1_visa]

For h1bvisa35

Hi h1bvisa35,

Thanks for sharing all the info.Yes I agree with you,however for H1b visa extension,the Question which is asked is whether you have been arrested before.They never ask about conviction(Not atleast in the documentation which my company asks for).Either ways since it is ultimately reduced to a speeding conviction it is not as bad as what it seems.So your office law firm may ask documentation for your case(for records) but that shud not affect anything as a lot of ppl get such citations.

If you are interested we can exchange emails and also talk on phone.This way we can keep in touch.

Let me know your thoughts.

[h1bvisa35]

Sure, we can discuss offline...

Sure, my email address is wpfan1 at live dot com

The question that my employer's law firm clearly asks "arrested, convicted, cited, charged...for breaking a law, ordinance...other than minor traffic violations"

Unfortunately for us, these are not classified as minor traffic offenses in NC.

And my private lawyer also said that this question is asked during h1b extension and not only on ds-156 during stamping. Anyway, let's see...once you send me your email address, we can exchange numbers and discuss this.

[h1_visa]

Thanks

Hi,

Yes in DS-156 that information needs to be disclosed.That is when you go to India for H1-B Stamping.

However for H1b extension while you are in USA,they dont ask this info.May be your employer or my employer uses a general questionniare template.Either ways traffic violations are considered minor from immigration standpoint as long as no one is hurt or property damage happened.I agree with you that some delay could be there,but chances of rejection are minimal

[h1_visa]

Hi hi1bvisa35

Hi

I sent you an email.Did not get response?Is there any way I can get in touch with you?

[manuv313]

Hi

I sent you an email.Did not get response?Is there any way I can get in touch with you?

Hi,

I am in the situation this year. In fact, little worse. I had been arrested on DUI ground and then it has been reduced to Reckless driving. I am wondering, if I can talk or have email exchange with you, to get some guidance.

-Manu

[Nickperson]

Hi,

Will appreciate if you can share some info and experience on the similar situation.

I was driving at 100mph in 75 limit zone. Cop gave me a criminal misendeavour citation and have given me a court date in arizona. I am on H1 and have my 140 approved.

How will this citation will affect my H1 extension, H1 transfer, DS160 and green card and I a not sure how will my current employer will react to the same.

Any information will be of great help.

[kartheepanmirra]

Convicted For Class A misdemenor 105 in 70 miles per hour

Hi,

Will appreciate if you can share some info and experience on the similar situation.

I was driving at 100mph in 75 limit zone. Cop gave me a criminal misendeavour citation and have given me a court date in arizona. I am on H1 and have my 140 approved.

How will this citation will affect my H1 extension, H1 transfer, DS160 and green card and I a not sure how will my current employer will react to the same.

Any information will be of great help.

Hi Nickperson
Don't worry about the court date. Just plead guilty since it will help you avoid jail sentence. Most cops maintain a record with the help of the speed detector device that logs in the time and the vehicle and your vin number etc. So if you try to fight the case you will land in jail for doing that. If you plead guilty you will get a penalty of 1000$ or more depends on the penalty charges in Arizona. Atleast you are avoiding jail sentence.

Now yes you will get a conviction record for a criminal charge and this will be staying your record for next 4 years. Yesterday I attended my court for the speeding ticket I got while driving to Des Moines Iowa from Chicago Illinois at the border of the quad city Illinois for driving at 105 miles an hour at a 70 mile an hour speeding ticket.

I am on h1b visa and my company today is replying to I-140 request for more evidence. My immigration attorney said to me that since this is the first criminal charge or first speeding ticket this shouldn't raise any concerns and my I-140 will be approved. My visa is due extension on January 3rd 2017 and I intend to file extension on December 29 2016 after I get a confirmation for my current project extension. However if due to criminal record USCIS refuses to approve my visa extension and come back with a denial. Then there is a motion to reconsider form which can be filed. So my thoughts are the visa extension or my I-140 should not be denied for this class a misdemeanor since this is my first time ever convicted for any such offense.

But yes since this shows up in all F.B.I and other criminal bureaus USCIS will be able to see this in my records too. I hope they will approve my I-140 and also my visa extension without any problems.

Regards
Karthee

[Nickperson]

Hi Karthee

Thanks for replying.

I actually hired a lawyer to defend my case. I hope I'll not go in jail.

My i140 is already approved. Will I get any rejection if the extension is filed. I am already in my last year of H1 cap.

Thanks for the detailed information.

Regards
Ankit

Hi Nickperson
Don't worry about the court date. Just plead guilty since it will help you avoid jail sentence. Most cops maintain a record with the help of the speed detector device that logs in the time and the vehicle and your vin number etc. So if you try to fight the case you will land in jail for doing that. If you plead guilty you will get a penalty of 1000$ or more depends on the penalty charges in Arizona. Atleast you are avoiding jail sentence.

Now yes you will get a conviction record for a criminal charge and this will be staying your record for next 4 years. Yesterday I attended my court for the speeding ticket I got while driving to Des Moines Iowa from Chicago Illinois at the border of the quad city Illinois for driving at 105 miles an hour at a 70 mile an hour speeding ticket.

I am on h1b visa and my company today is replying to I-140 request for more evidence. My immigration attorney said to me that since this is the first criminal charge or first speeding ticket this shouldn't raise any concerns and my I-140 will be approved. My visa is due extension on January 3rd 2017 and I intend to file extension on December 29 2016 after I get a confirmation for my current project extension. However if due to criminal record USCIS refuses to approve my visa extension and come back with a denial. Then there is a motion to reconsider form which can be filed. So my thoughts are the visa extension or my I-140 should not be denied for this class a misdemeanor since this is my first time ever convicted for any such offense.

But yes since this shows up in all F.B.I and other criminal bureaus USCIS will be able to see this in my records too. I hope they will approve my I-140 and also my visa extension without any problems.

Regards
Karthee

[amandeeps]

Hi Karthee

Thanks for replying.

I actually hired a lawyer to defend my case. I hope I'll not go in jail.

My i140 is already approved. Will I get any rejection if the extension is filed. I am already in my last year of H1 cap.

Thanks for the detailed information.

Regards
Ankit

Hi Ankit.
Can you update what happened to your case?

[h1bvks]

Hi Aman,

Can you update what happened to your case plz?

Thanks
VKS