Does a traffic ticket voilation in anyway effect I-485 processing? I got one recently, after I gave my first FP, renewed by EAD and AP. I was offered defensive driving class to clear the record on my driving license and I took the class. So, If I get another FP notice later, would it anyway effect my I-485 ? Please advise.
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Traffic ticket effecting I-485 ?
- Thread starter gcard2002
- Start date
Speeding tickets won’t be an issue (unless you get convicted of reckless endagerment for driving 100 mph through a school zone). DUIs can be problematic. The question to ask is: (1) Were you arrested (2) Are there felony convictions. If yes, there may be a problem, so be sure to consult with a lawyer.
Rgds
sadiq
Rgds
sadiq
Sadiq,
I don't think even DUI is creating problem.
I also got several tickets and took classes. I was worried while filing I-485.
But one of my friend who has got DUI assured me that there would not be any problem. He is also going to file I-485. After that I was quite relaxed.
He told that he had consulted lawyer about his DUI.
According to lawyer
- court verdict was to suspend your license
- fine for DUI
- taking some classes specified
- you have not involved in any accident
So you are ok.
Does anybody or his/her friend have any problemetic case of DUI?
Bakra
I don't think even DUI is creating problem.
I also got several tickets and took classes. I was worried while filing I-485.
But one of my friend who has got DUI assured me that there would not be any problem. He is also going to file I-485. After that I was quite relaxed.
He told that he had consulted lawyer about his DUI.
According to lawyer
- court verdict was to suspend your license
- fine for DUI
- taking some classes specified
- you have not involved in any accident
So you are ok.
Does anybody or his/her friend have any problemetic case of DUI?
Bakra
d1203,
I just spoke to my friend (who got DUI) and he was bit eager to know about this.
Could you give some more details of your friend or answer following
Did he get DUI after filing I485 or before?
Normally they take classes and suspension for 3months and that's it. Was it same for your friend?
Did he inform USCIS?
Thanks.
I just spoke to my friend (who got DUI) and he was bit eager to know about this.
Could you give some more details of your friend or answer following
Did he get DUI after filing I485 or before?
Normally they take classes and suspension for 3months and that's it. Was it same for your friend?
Did he inform USCIS?
Thanks.
DUI is not simple traffic violation, certainly not the second or the third DUI offense
Simple traffic violations include, parking tickets, speeding tickets, blowing a red light, yield, do not enter, stop signs, making wrong turns, entering a one way street in the wrong direction, fender benders, and stuff like that.
If some states have a law that driving over certain miles per hour is a crmimnal offense, then that violation is not a simple traffic violation, it is a criminal offense.
Also if you get into an accident and it was because of negligence it can be a tort and may not be considered a simple traffic violation either, it depends on what the rulling for that case comes out to.
Simple traffic violations include, parking tickets, speeding tickets, blowing a red light, yield, do not enter, stop signs, making wrong turns, entering a one way street in the wrong direction, fender benders, and stuff like that.
If some states have a law that driving over certain miles per hour is a crmimnal offense, then that violation is not a simple traffic violation, it is a criminal offense.
Also if you get into an accident and it was because of negligence it can be a tort and may not be considered a simple traffic violation either, it depends on what the rulling for that case comes out to.
TheRealCanadian
Volunteer Moderator
Originally posted by guju
Also if you get into an accident and it was because of negligence it can be a tort and may not be considered a simple traffic violation either, it depends on what the rulling for that case comes out to.
A "tort" is a civil issue, not criminal. Civil matters will typically not affect GC processing. If I hit someone in a car, and they sue me for $1000 in damages, that's a civil matter between the two of us. USCIS won't care.
What if I get into an accident because i was not wearing corrective glasses, that is negligence on my part for driving without contacts or glasses, this is tort, but can't it be a criminal case like man slaughter if there was a death because of the accident? what if there was permanent disability, so it depends on the outcome or the rulling of the case, even if it is a tort, won't it?
TheRealCanadian
Volunteer Moderator
Originally posted by guju
can't it be a criminal case like man slaughter if there was a death because of the accident?
It can be - I believe criminal negligence is a crime in the US (it certainly is back in Canada) as is "criminal negligence causing death". In many states they have "vehicular homicide". However, this is several orders of magnitude beyond our original poster's concern.
Basic traffic tickets and minor lawsuits are nothing to be worried about.
One of the great things about the US criminal justice system is that you're innocent until proven guilty, so unless convicted you should be fine. With DUIs, criminal negligence etc., the question would be: what are the charges? Misdeameanors or felonies?
If you're charged and subsequently convicted and have a misdeamanor it may not impact your I485 or PR status. However, get charged and convicted of a felony, and it's a whole new ballgame. If you're in the AOS, your case may be denied. If you have a green card, USCIS may take steps to revoke it an deport you.
The question is how serious was the charge. USCIS has recently moved to deport a US Army veteran who had a relatively minor drug conviction. I don't remember the result of the case. Criminal defense attorney's aren't always trained on the nuances of immigration law and how felony convictions will affect your record. If they can get you a suspended sentence and a fine with a guilty plea, they may think it's a good idea. But talk to an immigration attorney and he/she could tell you that you are now subject to deportation.
The bottom line is, make sure your legal counsel is very well informed not only in the criminal justice system but in immigration law as well.
Back to the DUI question. If it ends up being a misdeameanor maybe there aren't problems. A felony conviction however depending on the class could pose a different issue. Charges can of course vary from state to state.
rgds,
sadiq
If you're charged and subsequently convicted and have a misdeamanor it may not impact your I485 or PR status. However, get charged and convicted of a felony, and it's a whole new ballgame. If you're in the AOS, your case may be denied. If you have a green card, USCIS may take steps to revoke it an deport you.
The question is how serious was the charge. USCIS has recently moved to deport a US Army veteran who had a relatively minor drug conviction. I don't remember the result of the case. Criminal defense attorney's aren't always trained on the nuances of immigration law and how felony convictions will affect your record. If they can get you a suspended sentence and a fine with a guilty plea, they may think it's a good idea. But talk to an immigration attorney and he/she could tell you that you are now subject to deportation.
The bottom line is, make sure your legal counsel is very well informed not only in the criminal justice system but in immigration law as well.
Back to the DUI question. If it ends up being a misdeameanor maybe there aren't problems. A felony conviction however depending on the class could pose a different issue. Charges can of course vary from state to state.
rgds,
sadiq
Originally posted by sadiq
One of the great things about the US criminal justice system is that you're innocent until proven guilty, so unless convicted you should be fine. With DUIs, criminal negligence etc., the question would be: what are the charges? Misdeameanors or felonies?
Another great thing about the US is that it has the best justice system money can buy. The answer to those question is greatly affected on how much money you got that you can throw at fixing the problem.