Failure to disclose incident during GC application

[jasoos007]

You should still use the "excluding traffic violations" clause to defend yourself if USCIS makes an issue of your failure to disclose that incident. There may be enough room for interpretation to enable you to win in court, especially since it doesn't say "minor traffic violations" or "traffic infractions without criminal charges" or any other restriction on what type of traffic violations can be excluded, nor did they clarify the exclusions in the I-485 instructions.

Of course, USCIS most likely didn't intend for that clause to exclude DUI or hit and run. But also they didn't intend for the "US citizen or US national" clause on the I-9 to enable people to get away with false claims to citizenship when common sense would indicate the individual really meant "US citizen" when filling out the form and their employers believed they were US citizens. Ultimately the courts sided with the individuals, and USCIS changed the form to have separate selections for US citizen and US national.

Another aspect in your favor is that if USCIS already discovered that incident from the background checks they ran on you during your GC process, they can't use it against you now to revoke your green card because it's beyond 5 years. However you won't know if they knew about it unless you file FOIA to see your A-file.

You guys have been tremendously helpful.

WBH: This happened in Rhode Island, only minor property damage was involved and I was asked to pay I believe $650 for repairs. Will this come under Traffic voilation ? I tried to find some information but was not sure ..

Jackolantern: You are confident that if IO brings this up that why it was not disclosed, instead of saying it was just an overlook on my mary I should say "I looked at it and since the incident was related to a traffic incident, I thought "NO" was the most appropriate answer" I am just trying to be sure on what to say that day ...

Also, Is there any benefit for me to file FOIA ?

Above all are you sure that this will definitely come up, I mean the fact that I didn't disclose. Obviously there will be discussion about the incident but the GC disclosing piece ??

 

[Jackolantern]

Jackolantern: You are confident that if IO brings this up that why it was not disclosed, instead of saying it was just an overlook on my mary I should say "I looked at it and since the incident was related to a traffic incident, I thought "NO" was the most appropriate answer" I am just trying to be sure on what to say that day ...

It's not about confidence, it's about using what is available to defend yourself. The form said "excluding traffic violations", so use that as your basis for justifying the lack of disclosing it.

Above all are you sure that this will definitely come up, I mean the fact that I didn't disclose.

I think it won't come up. It's rare for them to bother to dig into details of pre-GC offenses that were dismissed. But they might bring it up, so you have to be prepared.

 

[jasoos007]

It's not about confidence, it's about using what is available to defend yourself. The form said "excluding traffic violations", so use that as your basis for justifying the lack of disclosing it.



I think it won't come up. It's rare for them to bother to dig into details of pre-GC offenses that were dismissed. But they might bring it up, so you have to be prepared.

Thanks a lot. That makes sense.

One more thing, Is it absolutely necessary that I send the certified copy of records with the application or can I just take that during interview.

 

[Jackolantern]

Bring them to the interview.