Is fishing citation a misdemeanor?

[GreenTALEN]

Hi gus,
I got a fishing citation in Iowa (~$200, over limits) 6 yrs ago when I came to USA as I did not know the Regulations.
I pay the ticket and plea guilty. I totally forgot it and didn't mention it on my I-485 form when I filed it in 2013. My case has been pending for 4 months.
My questions: 1. Is fishing citation a misdemeanor? 2. Will this be an severe issue for my case?
Thanks for any suggestions.

 

[Hexa]

I don't think fishing violation is a misdemeanor in Iowa, it's likely an infraction punishable by fine. During the interview you will be asked to confirm yes/no on each of the questions in part 3.C of the I-485, you can choose to tell the officer that you just remember about the fishing citation, and that you wish to change one of the answers.

While the fishing citation itself is not a problem at all, failure to disclose the citation can be treated as lying under oath, which is a big deal.

 

[GreenTALEN]

I don't think fishing violation is a misdemeanor in Iowa, it's likely an infraction punishable by fine. During the interview you will be asked to confirm yes/no on each of the questions in part 3.C of the I-485, you can choose to tell the officer that you just remember about the fishing citation, and that you wish to change one of the answers.

While the fishing citation itself is not a problem at all, failure to disclose the citation can be treated as lying under oath, which is a big deal.

The charge code is 481A.67 (SEASONS AND LIMITS):It is unlawful for a person, except as otherwise expressly provided, to take, capture, or kill fish, frogs, or turtles except during the open season established by the commission. It is unlawful during open season to take in any one day an amount in excess of the daily catch limit designated for each variety or each locality, or have in possession any variety of fish, frog, or turtle in excess of the possession limit, or have in possession any frog, fish, or turtle at any time under the minimum length or weight.

There no "misdemeanor" mentioned.

I do see some code, such as 481A.9 is misdemeanor: SPAWNING GROUNDS.
To effect sound wildlife management and maintain biological
balance as provided in section 481A.39, the commission may set aside
certain portions of any state waters for spawning grounds where the
same are suitable for this purpose for such length of time as it may
deem advisable by the posting of notices in conspicuous places around
such area, and it shall be unlawful for any person to fish or to in
any manner interfere with the spawning of fish in this area. Any
person violating any of the provisions of this section shall be
guilty of a simple misdemeanor

 

[Hexa]

The charge code is 481A.67 (SEASONS AND LIMITS):It is unlawful for a person, except as otherwise expressly provided, to take, capture, or kill fish, frogs, or turtles except during the open season established by the commission. It is unlawful during open season to take in any one day an amount in excess of the daily catch limit designated for each variety or each locality, or have in possession any variety of fish, frog, or turtle in excess of the possession limit, or have in possession any frog, fish, or turtle at any time under the minimum length or weight.

There no "misdemeanor" mentioned.

I do see some code, such as 481A.9 is misdemeanor: SPAWNING GROUNDS.
To effect sound wildlife management and maintain biological
balance as provided in section 481A.39, the commission may set aside
certain portions of any state waters for spawning grounds where the
same are suitable for this purpose for such length of time as it may
deem advisable by the posting of notices in conspicuous places around
such area, and it shall be unlawful for any person to fish or to in
any manner interfere with the spawning of fish in this area. Any
person violating any of the provisions of this section shall be
guilty of a simple misdemeanor

Even if it turns out to be a misdemeanor conviction it's most definitely not CIMT, so the violation itself doesn't make you inadmissible. Your issue is how to avoid being charged with lying on the application, as you have already signed and submitted the form.

 

[GreenTALEN]

Even if it turns out to be a misdemeanor conviction it's most definitely not CIMT, so the violation itself doesn't make you inadmissible. Your issue is how to avoid being charged with lying on the application, as you have already signed and submitted the form.

I was not intentional for cover or lying the violation. I really forgot it at all.
What will happened next? Request Further Evidence (RFE), Notice of intention of deny (NIOD), Interview?
Can I submit an amendment or resubmit a new I-485? Thanks!

 

[Hexa]

I was not intentional for cover or lying the violation. I really forgot it at all.
What will happened next? Request Further Evidence (RFE), Notice of intention of deny (NIOD), Interview?
Can I submit an amendment or resubmit a new I-485? Thanks!

The officer has no way of knowing whether you intentionally left this citation out. The plain fact is that you left it out.

The safest way is to withdraw the current I-485 and submit a new one with the correct information, but it's also the expensive way because they don't refund fees for withdrawn applications. The cheap way is to come to the interview and explain to the IO that you need to make an amendment. Depending on the personality and mood of the interviewer, he might simply accept it and make a notation on the form, or he might give you a hard time for omission of material fact (intentional or not). I tend to think that a reasonable interviewer is not going to make a big deal out of a fishing citation, but you never know.

Regardless of the avenue you choose, you need to get an official court disposition of your case. They will ask for it.