driving with only learner's permit

L

lixiaohui

Registered Users (C)
hi,
I am a little bit concerned about my I-485 form. Five years ago, when I started to drive, I was caught by police while driving with only learner's permit. Police did not arrest me and gave me a slip and asked me go to court. They decided to sue me on court with criminal offense. But finally that charge was cleared and they even did not fine me. So my question:

For the question in I-485 form:
Have you ever, in or outside the U.S. been arrested, cited, charged, indicted, fined or imprisoned for violating any law or ordinance, excluding traffic violations?

Should I say no because this was a traffic violation and I did not commit a criminal offense?

Thanks
 
I was in the same state. My lawyer decided to write "Yes" saying that they (INS) has a way of finding out about it anyway. I did not agree with the lawyer (I still do not), but let the lawyer say yes to the question.
 
Originally posted by lixiaohui
Have you ever, in or outside the U.S. been arrested, cited, charged, indicted, fined or imprisoned for violating any law or ordinance, excluding traffic violations?
Click to expand...

What part of "excluding traffic violations" is difficult to understand? ;)
 
All of it

Originally posted by TheRealCanadian
What part of "excluding traffic violations" is difficult to understand? ;)
Click to expand...

Sorry for being contrarian, but driving without a license is not a traffic violation; speeding, illegal parking, jumping red lights, entering a one way street in the wrong direction etc. are all examples of traffic violations. I can almost see someone arguing next that driving off at a gas station without paying for the gas is also a traffic violation!!

You would probably need to look up the state statute code for the categorization that applies to this offense but judging from the fact that the police started to prosecute lixiaohui criminally I would tend to think that gc602's lawyer made the right call.
 
I had a friend who got his GC approved in Feb-2003. He was arrested by police 4 years back when he is selling liqour to a minor and was sent to court and fined. He told in the court that he is helping his buddy at work and he actually don't work there. Ok, finally at the time of his GC application his lawyer asked him to keep "YES" for Criminal records or so and this guy is lucky that he did not even had an RFE and got approved right away.

Maybe it differs from case to case. But this is something I knew very well.
 
Originally posted by lixiaohui
hi,
They decided to sue me on court with criminal offense. But finally that charge was cleared and they even did not fine me.
Click to expand...

You answered your own question. You were "charged" with a "criminal" offense. So you should answer YES on your application. People with DUIs have gotten approved, so you should not worry.

Make sure that you have all relevant papers showing dismissal of charges if you are issued an RFE or have to go through an interview.
 
what should I do now?

Thanks for your guys reply:

I have submitted my I-485 several months ago and I filled "No",

What should I do to remedy it now?


Sorry to bother you again
 
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