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#1
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Needing Factual advice not opinions.
Okay in 2007 i got a traffick ticket with a marijuana posession charge.I am on a conditional green card and i was fined $565 which i have paid and moved on from.My question now is based on the I751 QUESTION WHICH STATES,PART THREE INFORMATIONABOUT YOU
Have you ever been arrested, detained,charged indicted or fined or imprisoned for breaking,or violating and laws or ordinances(excuding traffick regulations or commited any crime whicj u were not arrested in the United States or abroad. Do i check yes i was not arrested simply fined and also,on the instructions form it says Unless a traffick incident was drug or alcohol related you do not need to submit documentation for traffic fines and incidents that did not involve an actual arrest if the penalty was a fine of less than 500$ or points on your drivers license. I was fined not arrested and paid $565 and the paper that the officer gave to me says Uniform Traffick ticket.I called the poilce station myself and the police officer says its a trffick ticket .Is this correct any information would be greatly appreciated thanks. |
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#2
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I do not know much about traffic law, but I do not think a "marijuana possession charge" falls under "traffic ticket".
I would mark "yes".
__________________
DO: Atlanta, GA Year 2007 5/03: I-485 Receipt Date 8/07: I-485 Approved 8/27: Conditional GC Received Year 2009 5/15: I-751 Receipt Date 9/22: I-751 Approved 10/3: Unconditional 10yr GC Received Year 2010 5/10: File N-400 for US Citizenship |
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#3
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And the question clearly indicates that "unless the incident was drug or alcohol related" or "was under $500". It was drug related and over $500, therefore you must report it.
It's quite clear.
__________________
------------------------------------ IMPORTANT NOTE: I am a Volunteer Moderator - one of you. I am not a lawyer. So act accordingly. PD: 9/12/2000 (EB3/VA/RIR/Canada) I-140 RD: 12/22/2000 I-140 AD: 7/16/2001 RD: 8/28/2001 ND: 10/26/2001 FP1: 1/31/2002 RFE: 8/2/2002 RFE RD: 8/28/2002 TD: 10/22/2002 FP2: 6/19/2004 ID: 07/15/2004 AD: 07/15/2004 CO: 08/18/2004 CR: 08/23/2004 N-400 RD: 05/21/2009 FP: 06/13/2009 CFR: 08/05/2009 IL: 08/21/09 ID: 10/7/09 USC: 10/8/09 |
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#4
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Quote:
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#5
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Fined over $500 - CHECK
Drugs involved - CHECK Get advice from an immigration lawyer before submitting your I-751. Even minor drug charges can have a bad effect on your immigration status.
__________________
USC 7/14/2006 |
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#6
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Okay i had contacted my immigration lawyer as soon as the situation occurred and she stated to me that i would not have any trouble.She stated that certain misdemeanors add up to felonies and are grounds for deportation by USCIS however i did not have a FELONY and have a STATEMENT AS A RECEIPT FROM PAYING FINES that says TRAFFICK TICKET and underneath says simple posession and thats not the question either the question i asked has been answered via the assertion that i will be having trouble getting my conditions removed if i am to check yes so be it and thats all i asked.
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#7
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Well then ask the same attorney how to fill the I-751 since it is evident you did not like the response you got from us forum members.
__________________
Regards, S K Ghori skg@vex.net http://www.vex.net/~skg/ **NOTE** I underwent the immigration process in both Canada and the US. I hold Pakistani, Canadian and US citizenship. **DISCLAIMER** I am neither a lawyer nor an immigration consultant. My comments should NEVER be considered as legal or professional advice as they are not meant to be such. |
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#8
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Quote:
If its just your lawyer your going to listen then i would do what triple citizen suggested and get advice for your I-751 from her. Keep in mind tho Immigration Lawyers have been known to be wrong from time to time. And personally if i were in your situation, from what you and others have posted i would "check yes" noones saying anything about deportation, but it is better to be safe then sorry, if they found out about the fine anyhow and you didnt check yes they might question why you didnt mark it down. Hope it does go all well for you, and good luck.
__________________
~~~ 02/2007 Married to USC D/O: Buffalo, NY 04/15 I-130 / I-485 packages sent 1 04/17 RD 3 04/23 ND 9 04/25 Checks Cashed 11 05/12 Bio Complete 28 06/24 Recieved RFE 71 06/30 RFE arrived NBC 77 07/02 LUD: Case resumed79 07/14 Recieved RFE 91 07/21 RFE arrived NBC 98 08/15 Card Production Ordered.. (EAD)123 08/19 I-765 Approval notice sent 127 08/22 Recieved Card in mail 130 11/20 GC Interview / Approved and Stamped 11/20 LUD: Card Production Ordered 12/03 Recieved GC in mail |
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#9
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Ok - I think this might be the problem everyone is having.
Technically, the OP should check YES since he was fined related to drugs. BUT - the OP is hooked on the fact that it was written as a "Traffic Ticket" and the police station told him when he called that it was just a traffic ticket. Therefore he's conflicted between answering yes (which would be strictly truthful, but might be more info that what USCIS would have) or trying to fly under the radar and say no (since USCIS might only have it as a traffic ticket and therefore a NO would not be suspicious to them). I've always heard before that while we should always be truthful with USCIS, we also don't need to volunteer any information either. Just be prepared that if you check no - how will you response if they do know it was a drug related offense? Since whether it's written on a traffic ticket or not - it still WAS a drug related offense. Bottom line - answer it anyway you feel fit. But the TRUTHFUL and CORRECT answer would be YES. Plain and simple fact - you were fined for drug possession, regarless of how it was written up. You may get away with a NO, but that would have to be a chance that you are willing to make. Good Luck
__________________
DO - Memphis April 2006 - Married to USC Application: Day --:5/2/08 - Mailed Day --:5/4/08 - Rcvd Day 00:5/5/08 - RD Day 04:5/9/08 - Cashed & ND Day 08:5/13/08 - NOA's received - LUD Cases online Day 09:5/14/08 - FP ND Day 29:6/4/08 - FP Appt - LUD on 131 & 765 Day 66:7/11/08 - LUD I-765 & I-131 Approved Day 69:7/14/08 - LUD I-131 Day 71:7/16/08 - LUD I-765 Day 74:7/19/08 - Rcvd AP Day 76:7/21/08 - Rcvd EAD Day 145:9/30/08 - Rcvd IL Day 187:11/12/08 - Interview APPROVED |
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#10
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And that is why at the bottom of the papers we all have to sign very clearly...so when USCIS came over they can say..."hey you signed here Sir..."
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#11
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Quote:
That is very true!
__________________
DO - Memphis April 2006 - Married to USC Application: Day --:5/2/08 - Mailed Day --:5/4/08 - Rcvd Day 00:5/5/08 - RD Day 04:5/9/08 - Cashed & ND Day 08:5/13/08 - NOA's received - LUD Cases online Day 09:5/14/08 - FP ND Day 29:6/4/08 - FP Appt - LUD on 131 & 765 Day 66:7/11/08 - LUD I-765 & I-131 Approved Day 69:7/14/08 - LUD I-131 Day 71:7/16/08 - LUD I-765 Day 74:7/19/08 - Rcvd AP Day 76:7/21/08 - Rcvd EAD Day 145:9/30/08 - Rcvd IL Day 187:11/12/08 - Interview APPROVED |
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#12
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I'm not sure why that is even a question. Even if you think it's a traffic violation to posess marijuana the second part says if it's over $500 which it clearly is. As far as I know $565 is still over $500 so it makes the statement true.
__________________
I-751 Timeline Mailed Joint I-751 02/25/2008 to Nebraska Center Received: 02/26/2008 Check Cashed: 02/28/2008 by California Center NOA 1-Year Extension: 03/10/2008 NOA Biometrics: 03/17/2008 LUD I-130 03/23/2008 Completed Biometrics 03/29/2008 LUD I-751 04/01/2008 Conditional Card expired 05/18/2008 Interview Notice: 09/12/2008 Interview Date: 10/22/2008 Chicago LUD 11/25/2008 - Approval notice sent |
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#13
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Quote:
__________________
USC 7/14/2006 |
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#14
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Thanks for the info
I will be using a lawyer to avoid any complications thanks for the advice and by the way i am a SHE not a he.
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