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  #1  
Old 19th May 2008, 12:58 PM
fedup2k6 fedup2k6 is offline
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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  
Old 19th May 2008, 01:18 PM
PraetorianXI PraetorianXI is offline
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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".
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Year 2007
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8/07: I-485 Approved
8/27: Conditional GC Received

Year 2009
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  #3  
Old 19th May 2008, 04:06 PM
TheRealCanadian TheRealCanadian is offline
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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.
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  #4  
Old 19th May 2008, 04:43 PM
LucyMO LucyMO is offline
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Quote:
Have you ever been arrested, detained,charged indicted or fined or imprisoned for breaking,or violating and laws or ordinances
it does ask if you were fined. Marujuana posession is not a traffic ticket.
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  #5  
Old 19th May 2008, 05:11 PM
boatbod boatbod is offline
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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.
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  #6  
Old 19th May 2008, 05:46 PM
fedup2k6 fedup2k6 is offline
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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  
Old 20th May 2008, 05:56 AM
Triple Citizen Triple Citizen is offline
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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.

Quote:
Originally Posted by fedup2k6 View Post
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.
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  #8  
Old 20th May 2008, 06:50 AM
BumbleBee76 BumbleBee76 is offline
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Quote:
Originally Posted by fedup2k6 View Post
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.
I dont understand why you asked the question if your not going to listen to anyones responses, is it just because noone said what you wanted to hear??
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.
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  #9  
Old 20th May 2008, 09:21 AM
TNguy78 TNguy78 is offline
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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
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  #10  
Old 20th May 2008, 10:04 AM
cherr1980 cherr1980 is offline
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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  
Old 20th May 2008, 10:33 AM
TNguy78 TNguy78 is offline
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Quote:
Originally Posted by cherr1980 View Post
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..."
That is very true!
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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
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  #12  
Old 20th May 2008, 11:10 AM
twopac3 twopac3 is offline
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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.
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  #13  
Old 21st May 2008, 04:33 AM
boatbod boatbod is offline
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Quote:
Originally Posted by twopac3 View Post
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.
Uh yeah... pretty much my point in post #5. Unfortunately its not what the OP wanted to hear.
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  #14  
Old 21st May 2008, 08:25 PM
fedup2k6 fedup2k6 is offline
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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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