Question 7 on I-751 (yes or no)

[Marina-Del 10]

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.

Interesting idea lovelyalex! You suggest saying "no" and not putting any type of asterisk but also including a separate document fully disclosing the situation. Perhaps with a copy of the disposition?

I am going to definitely email that immigration lawyer that my dad is friends with and just see if he'll give me anything without making me come in for a "consultation".

[Corinthians 7]

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.?

Says the poster before sharing his opinion. Are you a lawyer or an immigration expert??? No, but I stayed at a Holiday Inn.

I am going to definitely email that immigration lawyer that my dad is friends with and just see if he'll give me anything without making me come in for a "consultation".

Good Luck whatever you decide.

[skidivawannabe 2]

Go with what your lawyer has advised.

I had to answer YES for a minor infraction for which I was fined 120 USD as advised by my lawyer. I had discussed it with my friends, even my husband and they were all telling me I should just answer "no" since it's considered a a traffic citation, not a crime. However, an immigration lawyer told me to just answer yes and provide detailed explanation, the original courtesy notice and proof of payment. I had called the county court to double check on my citation and even the customer service associate was surprised that I was advised to disclose such a "minor" infraction.

Different lawyers, different points of view. If it comes back to you, then you can ask your lawyer, again.

[Marina-Del 10]

I went ahead and made an INFOPASS appointment for Feb 14th as when I looked on the website, just out of curiosity, that was the ONLY day available within the next 2 months! I figured that I can always cancel the appointment is I hear back from the lawyer or find some definitive answer myself. I just didn't want to wait around on this and not be able to get an appointment!

If anyone sees any related cases or has any new ideas, let me know!

Thanks for your help and I'll update as I find stuff out!

[Marina-Del 10]

Okay, so I had my INFOPASS appointment today and I also have more info to add to the situation.

1) we got a copy of his criminal background check and it says "no history found". Apparently, if you are not booked in and actually taken to the jail (not just the holding cell) you are not technically arrested....So says the county clerk!

2) we got a copy of his DMV record and it's also clean, even though we paid a $470 speeding ticket....

So after getting all of this I figured we should probably just mark no, but since I'd already made the INFOPASS appointment and the office isn't too far from my house, I figured I'd just go and see what they said.

I waited 45 and was called. The lady didn't really know, as first she said I needed to mark "yes" and then when I explained AGAIN how they were technically traffic violations she said I should mark "no". Then I showed her the "NOTE" where it has the "if the incident didn't involve an actual arrest" part but also mentioned that his criminal history is clean, she again said we should mark "no". So really I think she just gave me her educated opinion, but that's enough for me. She said we shouldn't volunteer this information since it's not appearing on the criminal history check but that if anything comes up about it later to definitely be forthcoming. But since I already have copies of the disposition and all of that, if we did need to send in info about it later, it won't be a problem. She did say that if we should mark "yes" and we mark "no" we have a good argument as to why we marked no, since they are traffic violations.

So, we'll mark "no" and see what happens!

Thanks all for you opinions!

[Wyatt's Torch 45]

Good luck -- hope it all works out (i.e.: I hope that nothing comes of it!).