Misdemeanor Charge Infraction Conviction

[skyisthelimit]

Applying for Deferred Action
Immigration form question: Have you ever been arrested for, charged with, or convicted of a felony or misdemeanor in the United States? Do not include minor traffic violations that only resulted in a fine, unless it was alcohol- or drug-related.

Need help whether to answer yes or no on this question, here is my friend's situation:
Driving in New York, he was arrested for a Illinois license that has a suspension in New York, and was charged for one misdemeanor and one infraction, fingerprinted, and locked up for one night while case was pending, but at the end only pleaded guilty to the infraction charged and paid a fine.

The charges are :
1. VTL511.1A, Unclassified Misdemeanor, 1 count, Not an arrest charge, Arraignment charge, DID NOT plead guilty.
2. VTL 509.1, Infraction, 1 count, Not an arrest charge, Arraignment charge, pleaded guilty.

Convicted of only VTL 509.1 and paid $155 in fine. Very confused because the second part of the question also indicated do not include minor traffic violations that only resulted in a fine.

Please help!

 

[Hexa]

This sounds like the standard question asked to people applying for visa and adjustment of status (like me). In my opinion your friend should answer 'yes' because he has been arrested and charged with VTL 511.1A (Unclassified Misdemeanor) even though the charge is eventually dropped. If this follows the standard AOS practice, he will have to show an official letter from the court showing the disposition of his case (that the misdemeanor charge has been dropped). If he has the arrest record, include that as well.

The relevant official requirement for DACA according to USCIS brochure is "Have not been convicted of a felony, significant misdemeanor, three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety." Non DUI-related traffic misdemeanor is not considered 'significant misdemeanor', so he should be ok.

If he fails to disclose the misdemeanor and USCIS finds out about it, his application will be denied for fraud. Worse, the fraud will earn him a Notice to Appear, which is the beginning of a normal (non-delayed) deportation process.

 

[skyisthelimit]

Hi is it a problem if he doesn't provide an arrest record?

This sounds like the standard question asked to people applying for visa and adjustment of status (like me). In my opinion your friend should answer 'yes' because he has been arrested and charged with VTL 511.1A (Unclassified Misdemeanor) even though the charge is eventually dropped. If this follows the standard AOS practice, he will have to show an official letter from the court showing the disposition of his case (that the misdemeanor charge has been dropped). If he has the arrest record, include that as well.

The relevant official requirement for DACA according to USCIS brochure is "Have not been convicted of a felony, significant misdemeanor, three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety." Non DUI-related traffic misdemeanor is not considered 'significant misdemeanor', so he should be ok.

If he fails to disclose the misdemeanor and USCIS finds out about it, his application will be denied for fraud. Worse, the fraud will earn him a Notice to Appear, which is the beginning of a normal (non-delayed) deportation process.

 

[Hexa]

Hi is it a problem if he doesn't provide an arrest record?

As long as he has the disposition letter from the court, he can probably get away without the arrest record. If the CIS wants to see the arrest record, they will send him a Request for Evidence (RFE).