Question 7 on I-751 (yes or no)

[Marina-Del 10]

Hello again! It's that time for us to file for conditions to be removed and so I'm back on VJ!

We have to start filing in March so I started to pull up the forms and immediately had a question about Question 7 on the I-751.

My husband and I entered the US in June of 2010. In December 2010 my husband was arrested for "reckless driving". In GA if you are going 15 or more over the speed limit, then you are classified as a "super speeder" and can apparently be arrested for this. The violation was "too fast for conditions". We got a lawyer because we suspected some foul play on the officers part as the car he was driving could not even reach the 95 they claimed he was going and went to court in Feb 2011. Our lawyer was able to get the charges dropped and he had to pay a speeding ticket fine of $470. No points were added to his license. The Disposition says that "The case was disseminated on 01 February 2011" and the notes say that our lawyer had reduced the speeding from 95 to 55 miles per hour (it was a 45 mile an hour zone).

Okay, so there are all of the facts. I sent an email to our lawyer asking him what we should answer for question 7 on the I-751 and which document we should provide as evidence and he responded that we should answer "no" since it was a "traffic violation". I'm inclined to think he is wrong and that since my husband was arrested, we need to provide the disposition, even though he was arrested for reasons related to traffic.

Here is what Question 7 says:

"Have you ever been arrested, detained, charged, indicted, fined or imprisoned for breaking or violating any law or ordinance (excluding traffic regulations) or committed any crime which you were not arrested in the USA or abroad?".

If we mark "yes" to this question we must then submit a detailed explanation along with further proof of the incident. The instructions for this form are as follows:

"If you have ever been arrested or detained by any law enforcement officer for any reason, and no charges were filed, submit an original official statement by the arresting agency or applicable court order confirming that no charges were filed.

If you have ever been arrested or detained by any law enforcement officer for any reason, and charges were filed, or if charges were filed against you without an arrest, submit an original or court-certified copy of the complete arrest record and/or disposition for each incident (e.g. dismissal order, conviction record, or acquittal order).

NOTE: Unless a traffic incident was alcohol or drug related you do not need to submit documentation for traffic fines and incidents that did not involve an actual arrest if the only penalty was a fine of less than $500 and/or points on your driver's license."

The bold parts are what make me think that we really need to say "YES!" to this question. Again, I asked the lawyer (he's just a regular lawyer though, not an immigration lawyer) and I asked for my parents opinion and they all said we should say no.

I simply feel like if we say no, and we should have said yes, we could get into some issues. However, if we say yes (and really should have said no) but still provide all of the documentation, we won't have any problems.

What do you guys think?! Sorry this is so long!!

Thanks in advance!

Edited January 30, 2012 by Marina-Del

[markiweiss49 4]

I would answer all the questions true. uscis checks out everything very good. tell the truth and provide them all the paperwork from the arrest. as long as there is no more arrest on his record, you will be ok. if you lie, uscis will find out when they go into their database. there might be a serious problem if you lie and if they find out. matter of fact, they will find out. just tell the truth and you will be ok. good luck

[Marina-Del 10]

We're not trying to lie at all. I have no problem saying "yes" to the question and providing the proper documentation.

My question is, is the truth "yes"? (the lawyer says the truth is "no"). Yes, he has been arrested, but Yes it was due to a traffic violation. That's where it gets confusing.

I agree with you, I'm inclined to say yes anyway and just give them the docs as I don't think that will hurt us. But the lawyer telling me that legally we should say no because his arrest was due to a traffic violation is where I'm confused.

[Wyatt's Torch 45]

Yes, I can see how that would be a dilemma!

After thinking about it for awhile, I don't think it could hurt to send in the paperwork...but you might want to put an asterisk beside the "yes" and include a written explanation on a separate sheet attached to the court documents. Basically say that there were no charges, that it was a traffic violation, but that you're submitting the record in the interest of full disclosure.

Doing that might cause an RFE to pop up, but it's better than the alternative, in my opinion.

Good luck!

[Saska+Tim 7]

Here is what Question 7 says:

"Have you ever been arrested, detained, charged, indicted, fined or imprisoned for breaking or violating any law or ordinance (excluding traffic regulations) or committed any crime which you were not arrested in the USA or abroad?".

I suppose this is why you lawyer say "no" ("...(excluding traffic regulations)..."), but Wyatt's Torch advice ("...you might want to put an asterisk beside the "yes" and include a written explanation on a separate sheet attached to the court documents. Basically say that there were no charges, that it was a traffic violation, but that you're submitting the record in the interest of full disclosure...."). looks like a perfect solution, to me.

or, put "no" and asterisk with explanation.

Edited January 30, 2012 by Saska+Tim

[Corinthians 7]

Here is what Question 7 says:

"Have you ever been arrested, detained, charged, indicted, fined or imprisoned for breaking or violating any law or ordinance (excluding traffic regulations) or committed any crime which you were not arrested in the USA or abroad?".

If you have ever been arrested or detained by any law enforcement officer for any reason, and charges were filed, or if charges were filed against you without an arrest, submit an original or court-certified copy of the complete arrest record and/or disposition for each incident (e.g. dismissal order, conviction record, or acquittal order).

NOTE: Unless a traffic incident was alcohol or drug related you do not need to submit documentation for traffic fines and incidents that did not involve an actual arrest if the only penalty was a fine of less than $500 and/or points on your driver's license."

Did he actually go to jail? Even then, I would say no.

IMO, the "excluding traffic regulations" is the out along with the fact that your fine was less than $500 and no points.

If you think link someone in immigration, they don't care about running a stop sign or driving too fast in the rain. They care about DUIs, domestic violence, etc., things you would see on COPS.

If they ask you about it in an RFE or an interview, just tell them it was traffic related and when you double checked with the lawyer, they said it wasn't necessary due to that fact. Keep the correspondence from the lawyer in case it comes up.

I don't see any reason to flag your file over a speeding ticket.

[I AM NOT THAT GUY 5,715]

Answer is "no". Traffic related, less than $500, no drugs, or alcohol.

Edited January 30, 2012 by ☼

[Marina-Del 10]

Well, I am officially even more confused now, as there are conflicting responses from everyone!

I liked the idea of the asterisk, but at the same time I don't want to cause any more delays than necessary.

And to answer your question Coritians: yes he went to jail. Or rather, he went to a holding cell where he was for 3 hours until I showed up and bailed him out.

Any more opinions out there!

Thanks for all of the responses!

[Marina-Del 10]

Did he actually go to jail? Even then, I would say no.

If you think link someone in immigration, they don't care about running a stop sign or driving too fast in the rain. They care about DUIs, domestic violence, etc., things you would see on COPS.

I agree that they don't care about driving too fast and whatnot, but I also think that they DO care about lying and that's what I'm trying to avoid. Like I said, I don't want to lie, but I'm not really sure what the truth is!!

He was arrested due to a traffic violation, yes. But, charges were REDUCED from driving 95 in a 45 to driving 55 in a 45. Point being, the fine would have been A LOT more, and his license could have been suspended if the lawyer hadn't gotten the charges reduced. Therefore, without the reduction, I think we would definitely have to say yes -which is what the disposition proves. I don't think immigration is going to care either way about his "reckless driving", but I don't want them to think we are trying to hide something.

I'd rather get an RFE for including something unnecesary than a document saying we were trying to lie.

My lawyer did say we should say yes, but I'm not even sure my lawyer read the entire email that I sent him as he didn't respond at all to several other questions I asked and he is def not an immigration lawyer! I didn't meet with him officially when I asked, I just sent an email...

[I AM NOT THAT GUY 5,715]

If you answer yes, you create a hornets nest for no reason. Trust your parents.

[VanessaTony 3,567]

"Have you ever been arrested, detained, charged, indicted, fined or imprisoned for breaking or violating any law or ordinance (excluding traffic regulations) or committed any crime which you were not arrested in the USA or abroad?".

If we mark "yes" to this question we must then submit a detailed explanation along with further proof of the incident. The instructions for this form are as follows:

"If you have ever been arrested or detained by any law enforcement officer for any reason, and no charges were filed, submit an original official statement by the arresting agency or applicable court order confirming that no charges were filed.

If you have ever been arrested or detained by any law enforcement officer for any reason, and charges were filed, or if charges were filed against you without an arrest, submit an original or court-certified copy of the complete arrest record and/or disposition for each incident (e.g. dismissal order, conviction record, or acquittal order).

NOTE: Unless a traffic incident was alcohol or drug related you do not need to submit documentation for traffic fines and incidents that did not involve an actual arrest if the only penalty was a fine of less than $500 and/or points on your driver's license."

You can easily talk yourself in circles if you think too much about it.

Your husband was arrested and imprisoned for breaching a traffic regulation. The qualifier in Q7 ("excluding traffic regulations") means he would say NO to the qn.

If you really are concerned then I would do the "tick yes and asterix" option. I really don't think it's an issue but if you have the court and arrest records by all means try. I should warn you though that some people have received RFE's for more info and it's caused delays BUT as it's ROC, you already have your GC, you'll get the extension letter.. it's not THAT big of a deal.

OR you could make an INFOPASS and ask someone about it. I personally lean towards ticking no.

[Marina-Del 10]

Thanks for the responses everyone. Definitely given me something to think about! Our 90 day timeframe doesn't even start until the end of March so I have some time to figure it all out.

My dad has a friend that's an immigration lawyer so I might try emailing him and see if he can shed some light on the situation through email. Doing an infopass is another option I guess.

Let's say that I mark "no" and leave it at that. What if I really should have marked yes? Will we just get an RFE which asks us to explain or could something much worse happen?

Thanks

Edited January 31, 2012 by Marina-Del

[Marina-Del 10]

If you answer yes, you create a hornets nest for no reason. Trust your parents.

I'd love to believe you, but what happens if you're wrong? Just an RFE or something more??

[jkelly07 120]

make sure you keep all the court papers copy of the ticket and receipt paid,court clerk sign,your going to need all that for your n-400 citizenship,and interview when the time comes.i would click yes, that you was detained by law inforcement,write a expenation on a sepreate sheet of paper,you cant lie.

[lovelyalex 99]

Well, I am officially even more confused now, as there are conflicting responses from everyone!

I liked the idea of the asterisk, but at the same time I don't want to cause any more delays than necessary.

Any more opinions out there!

You're always going to get a lot of varying responses on here! Not wanting to poo poo anyone, but how many of these responses are from lawyers/immigration experts/etc.? As ☼ says, I personally wouldn't want to open a can of worms if you don't need too. I think those questions can flag you for extra review, and what happens if you get someone reviewing your packet that, like the participants in this thread, talk themselves around in circles, you could get delayed or a RFE for a particular piece of evidence you may not have because it isn't applicable to a traffic offense. Although if I had to chose, and didn't want to consult ether the USCIS or a lawyer directly, I would say NO, and then fully disclose it all on a separate piece of paper, no asterisk.