Reporting traffic violations in I-485?

[utilisateur 0]

Hello,

I'm wondering whether I need to report traffic violations on the I-485.

While in most states I think the answer is "no", in the State of Virginia, driving 15 mph over the speed limit is MISDEMEANOR reckless driving. I was charged with this "crime" 5 years ago but had the charge reduced to "improper driving" which is a simple traffic infraction.

Do I need to report this?

The issue is that I went to the court office to request my court disposition and they said that the only record they have is my court summons. Therefore I'm not exactly sure what to include as evidence on my I-485, since I also asked Virginia State Police for a police record and they sent me back a letter saying that nothing was found.

I talked to a local immigration attorney and he told me to not bother reporting it but I really don't want USCIS to find this "arrest" and "criminal charge" and tell me that I was lying on my I-485 and throw me out of the country. Am I being paranoid?

Edited May 19, 2014 by utilisateur

[Eric-Pris 1,607]

CIS does NOT care about your parking tickets. Were you put in handcuffs? If not, then you were not arrested.

[utilisateur 0]

Please read the entire message I wrote. I was charged with reckless driving, which in Virginia is a Class 1 Misdemeanor. It is not a parking ticket. Are people on this forum so much in a hurry that they only read the thread titles?

[galeface 0]

Was the case dropped? If not then I would report it.

[utilisateur 0]

In fact I am not sure whether I was arrested or not. When I look up my record on the VA General District Court website, there is no entry for "Arrest Date".

The following lawyer wrote:

Upon stop of the vehicle, the officer can arrest the person or issue a summons.

http://www.laborlawtalk.com/showthread.php?t=156776

If one is issued a summons, does that mean one wasn't arrested? Or are they considered arrested and released?

galeface, the charge was reduced to a non-criminal offense.

[KayDeeCee 4,893]

~ Moved from AOS from Family Based Visas to AOS from Work, Student & Tourist Visas ~

[hats727 0]

If u were not taken in the police car to have ur mug shot taken u were not arrested, if u have a booking number( which you only get when arrested) then i would put down anything u have. Plus in the interview they will have anything and records of anything you might have "forgotten" also i would worry more about felonies than a misdemeanor. Imagine how many people havent had their interviews and have had tickets for driving with out a license which is a misdeamor... But consult with a professional...dont take my word for it.

[utilisateur 0]

hats727, I know that misdemeanors are more minor than felonies, and that the AOS interviewer won't care about my Improper Driving Traffic Infraction conviction. The reason why I started this thread is because I am concerned about whether it would be considered LYING if I say that "No, I have never been arrested or charged with any crime".