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citation problem
- Thread starter phelan
- Start date
petertherock77
Registered Users (C)
No. It is not a problem, so long you are not convicted for it. A citation is a minor offence equivalent to a traffic ticket.
I don't think it should be an issue.
I don't think it should be an issue.
make sure u tell truth in GREEN card application that you got arrested. arrest record always stay in record and u can't lie about it. if you lie, it will be a major problem in ur case. also send your court letter that says your record is stricken off or dismissed. you can get it by paying about 50$ from ur country clerk office.
getting arrested or having arrest record aint a problem as long as u r not convicted of the charges. remmeber, your arrest record stays once u r finger printed and filed charges by police.
getting arrested or having arrest record aint a problem as long as u r not convicted of the charges. remmeber, your arrest record stays once u r finger printed and filed charges by police.
petertherock77
Registered Users (C)
I think in his case, he was not fingerprinted or charged with any crime. So there is no record that might exist. Each time you mark on your application that you've been arrested it delays processing. He should try and do a background check on himself to see if anything comes up.
Every time you have a criminal or potential criminal issue, you need the advice of counsel. Do not rely on the opinion of people you do not know. The intersection of criminal law and immigration law is too complicated and your future status is too important to do otherwise.
petertherock77
Registered Users (C)
My freind Phelan, speak to an immigration lawyer before indicating yes on the application. It is a very serious issue when you mark yes because your file will be routed to a special processing department within USCIS that will do a thourough background check and extended review. I am telling you based on experience not just to say what I don't know. Try to consult an immigration lawyer before you submit that application or have the law offices do the application for you. If you're not convicted of any crime and no prints were taking why worry uneccessary and slow down your I-485 application. These days the department of homeland security is sensitive with specific questions asked on the application.
You have to consult an immigration attorney.
You have to consult an immigration attorney.
Thank you , peter. However I dont believe any lawyers. Even I believe the lawyers, I still no guts put "NO".
If it needs time, it is ok. I canot get the answer "denied".
It took me so much time to get aproval. Every time, when I think about it, I would cry(yes, I am a man).
Once I finish my I485, I would share your guys my story.
so, be strong, be patient!
God bless us!
If it needs time, it is ok. I canot get the answer "denied".
It took me so much time to get aproval. Every time, when I think about it, I would cry(yes, I am a man).
Once I finish my I485, I would share your guys my story.
so, be strong, be patient!
God bless us!
petertherock77
Registered Users (C)
What Constitutes a Conviction for Immigration Purposes?
A person must be “convicted” of a crime which constitutes an aggravated felony. A “conviction” under the INA requires that: 1) a judge or jury finds the person guilty or the person admits guilt, pleads no contest, or admits sufficient facts to support a finding of guilt; and 2) the judge orders some form of punishment, penalty, or restraint. This includes cases that have been sealed or expunged. Matter of Roldan, 22 I&N Dec. 512 (BIA 1999). Note that the 9th Circuit reversed the BIA’s decision in Roldan, holding that expungement, deferred adjudication, or other “rehabilitative relief” will eliminate the immigration effect of a first offense, simple possession conviction. Lujan-Armendariz v. INS (with Roldan v. INS joined), 222 F.3d 728 (9th Cir. 2000). Lujan-Armendariz only applies to immigration cases in the 9th Circuit.
Vacation of judgment and other post-conviction relief (including executive pardon) should remove aggravated felon status (with the exception of drug crimes—See Drug Convictions and Abuse for more information). The immigration definition of “conviction” does not include juvenile offenses, cases on direct appeal, and cases that have been referred to a state diversion program (unless a person is required to admit guilt, plead no contest, or admit sufficient facts to support a finding of guilt as a condition of referral to the program).
A person must be “convicted” of a crime which constitutes an aggravated felony. A “conviction” under the INA requires that: 1) a judge or jury finds the person guilty or the person admits guilt, pleads no contest, or admits sufficient facts to support a finding of guilt; and 2) the judge orders some form of punishment, penalty, or restraint. This includes cases that have been sealed or expunged. Matter of Roldan, 22 I&N Dec. 512 (BIA 1999). Note that the 9th Circuit reversed the BIA’s decision in Roldan, holding that expungement, deferred adjudication, or other “rehabilitative relief” will eliminate the immigration effect of a first offense, simple possession conviction. Lujan-Armendariz v. INS (with Roldan v. INS joined), 222 F.3d 728 (9th Cir. 2000). Lujan-Armendariz only applies to immigration cases in the 9th Circuit.
Vacation of judgment and other post-conviction relief (including executive pardon) should remove aggravated felon status (with the exception of drug crimes—See Drug Convictions and Abuse for more information). The immigration definition of “conviction” does not include juvenile offenses, cases on direct appeal, and cases that have been referred to a state diversion program (unless a person is required to admit guilt, plead no contest, or admit sufficient facts to support a finding of guilt as a condition of referral to the program).
petertherock77
Registered Users (C)
Good to hear that no records exist. So make sure you mark on your application that you've never been arrested or convicted. It really makes a difference.