Hi there, In 2004 I got a DWI in Australia. I lost 10 points and was fined $300. Do you think his counts as criminal history? I rang VIC police and they said I wasn't arrested or detained...but I am still not sure whether to declare it on Q 7, Part 3 of I-751. "Have you ever been arrested, detained, charged, indicted, fined or imprisoned for breaking or violating and law or ordiniance (excluding traffic regulations), or committed any crime which you were not arrested in the United States or Abroad?"

please help!

You need to be honest on all forms, its the little things that can bite you.

Yes, that's what I am saying. But, does my DWI count...do I need to declare it? Of course I will be honest!

Yes, you need to declare it.

You need to declare it but I cannot imagine it will create any problems. Your visa was already approved and that's where it would have created difficulty (and the need for a waiver). Since it didn't, it's unlikely you would happen any issues at this point.

I rang the police in Australia again, and they say the DWI offence is within "Traffic", and since USCIS have an exception for traffic regulations, I don't think I need to declare it. I will ring immigration one more time and hopefully I will get someone on the phone who knows what they are on about.

Pardon my silly question..but did this DWI occur after you became a permanent resident? My understanding in the form is if you had any criminal blah blah that occurred after you became a PR.