Greetings, Question about a Ticket

[mixedmc 0]

Greetings everyone, i will find myself in the process of applying for a k-1 visa a few years down the road from now but i have a concern about something that happened in my past i think my affect me. About 3 Years ago i was given a provincial offense notice in Toronto for tresspassing. The officer told me it wouldn't be placed on my criminal record and was just merely a fine. I researched it on the internet and have discovered these tickets are non-criminal charges. I wasn't figerprinted nor arrested, i just paid the fine and that's about it. I got a criminal background check and it came back clear, not to mention i've gone back and forth from the states many times without a problem. I'm wondering if USCIS will pick this up on some background check and give me problems?? Thanks.

[payxibka 10,048]

Greetings everyone, i will find myself in the process of applying for a k-1 visa a few years down the road from now but i have a concern about something that happened in my past i think my affect me. About 3 Years ago i was given a provincial offense notice in Toronto for tresspassing. The officer told me it wouldn't be placed on my criminal record and was just merely a fine. I researched it on the internet and have discovered these tickets are non-criminal charges. I wasn't figerprinted nor arrested, i just paid the fine and that's about it. I got a criminal background check and it came back clear, not to mention i've gone back and forth from the states many times without a problem. I'm wondering if USCIS will pick this up on some background check and give me problems?? Thanks.

Are you the non-US Citizen? If so, you will not be filing a petition nor applying for a k-1 visa as that can only be initiated by a USC. (a technicality but an important distinction)

I am not sure what criminal background check you received but most likely it will be similar to the one you will be required to provide the consulate at the interview.

[mixedmc 0]

Well i was browsing through the topics and i saw one of these questions in one of the forms

Have you ever been arrested or convicted for any offense or crime, even though subject of a pardon, amnesty or other similar legal action?

So can an offense be a non-criminal activity such as traffic offenses or tresspassing offenses because in Ontario their considered non criminal but it's still an offense, Do people with speeding tickets answer yes to this question?

[LookyWhatIFound 38]

Well i was browsing through the topics and i saw one of these questions in one of the forms

Have you ever been arrested or convicted for any offense or crime, even though subject of a pardon, amnesty or other similar legal action?

So can an offense be a non-criminal activity such as traffic offenses or tresspassing offenses because in Ontario their considered non criminal but it's still an offense, Do people with speeding tickets answer yes to this question?

I think the key words are, 'arrested or convicted' for an offense. Since you weren't arrested or convicted you are ok. I think USCIS is worried about letting a real criminal into the country. Besides, since its not on your police report how would they even know about it?

So you're fine, nothing to worry about

Edited January 21, 2007 by LookyWhatIFound

[yassmine2878 1]

Since you were not arrested or anything, you should be in the clear. But you may want to add a supplement to your petition with an explanation of the situation, just in case. Best to kill red flags before they cause confusion. Just my 2 cents. And best of luck to you

[Kathryn41 3,205]

That same quote 'arrested or convicted or paid any fine, any offense etc" led to the same dilemna for me. I was stopped by the RCMP on Lake Ontario and charged with windsurfing without a lifejacket (The Fisheries Act at the time ) in 1982. I had a court hearing along with 3 friends who were charged at the same time and fined $10. The charging of windsurfers around that time had caught the media's attention and there was an article written summarizing our court appearance and published in the local newspaper. It wasn't a criminal offense; I wasn't arrested - but I was charged and fined, so I decided to be safe and declare that information where the form asks about 'any offense except traffic'. Over 10 years later I was expecting to have a security check for work and knew that a copy of the court transcripts were needed so requested them. The security check didn't reveal anything, and the Court Administrator wrote back to say that the records had been destroyed and no longer on file. All I had left was the newspaper article. So even though I knew the police record would not reveal the charge and fine I did enclose the court's letter about the documents no longer existing and a photocopy of the newspaper report. I even included a short summary of the events as an explanation and offered to provide a copy of the legislation involved if they required it. My fiancee visa and my AOS were both approved without a problem. So, I would recommend making reference to the event and providing the details but feel pretty sure that you won't have any problems with it.

Edited January 21, 2007 by Kathryn41