oh no! traffic infraction alcohol related

[444 0]

we received our approval letter december 15...we are waiting for packet of papers to prepare for interview..n my husband was pulled over after having 2 beer. he was not given a DUI...apparently canada does things different...but he was given many reprocussions. i think i'm about to ask the stupidest question i have ever asked...will this effect his interview and the decision to let him come as a condition resident?

[dwheels76 5,468]

we received our approval letter december 15...we are waiting for packet of papers to prepare for interview..n my husband was pulled over after having 2 beer. he was not given a DUI...apparently canada does things different...but he was given many reprocussions. i think i'm about to ask the stupidest question i have ever asked...will this effect his interview and the decision to let him come as a condition resident?

So you are all done with NVC and Case Complete then? You say just pulled over though no citation no ticket so that means no record of this ever happening right. So nothing would be on a police report.

Your timeline is incomplete so its hard to say where you are. But if you are just waiting for interview date that means police report was already submitted. You have no record. So issue.

Am I wrong Canadians??

[444 0]

sorry about the confusion...there was definitely a ticket given resulting in the towing of his vehicle and a 90 driving suspension. we received our approval letter december 15, 2014 after our june 19th petiton date. we are literally waiting for the packet of papers that come to him before interveiw.

[dwheels76 5,468]

sorry about the confusion...there was definitely a ticket given resulting in the towing of his vehicle and a 90 driving suspension. we received our approval letter december 15, 2014 after our june 19th petiton date. we are literally waiting for the packet of papers that come to him before interveiw.

You mean approval from USCIS (Your NOA2 letter). If you just got approved you still have another 3 to 5 months of NVC to get through before an Interview date.

This is the next step after USCIS approval. http://www.visajourney.com/wiki/index.php/NVC_Process

Or did you file DCF? And AOS and IV package has already been filed with embassy?

Edited January 26, 2015 by dwheels76

[444 0]

yes...i-797 Notice of Action...dated december 15

[dwheels76 5,468]

yes...i-797 Notice of Action...dated december 15

Okay there is no package of interview you still have months of processing to do. Please read the NVC Process wiki I attached. Your Petition is now at NVC start calling them to get your case# so you can start on your way. Here is the link again.

http://www.visajourney.com/wiki/index.php/NVC_Process

[444 0]

thank you...

[tonyb919 107]

Was he arrested? As this is something he must disclose at the interview.

[Dualie 185]

I think it depends on the province of residence how cases like this are dealt with. Drinking and driving laws are very strict in my province and police have the mandate to impound a vehicle and issue citations upon their own discretion. Your husband may not be convicted of an actual "DUI" per se, but there are a multitude of charges (with varying degrees of severity) they can use to deter repeat drinking and driving offenses. Each province deals with these issues differently, and most have low to zero tolerance. How this will impact your case depends on what exactly he was sited for. Without knowing this, it is hard for us to say.

[444 0]

I think it depends on the province of residence how cases like this are dealt with. Drinking and driving laws are very strict in my province and police have the mandate to impound a vehicle and issue citations upon their own discretion. Your husband may not be convicted of an actual "DUI" per se, but there are a multitude of charges (with varying degrees of severity) they can use to deter repeat drinking and driving offenses. Each province deals with these issues differently, and most have low to zero tolerance. How this will impact your case depends on what exactly he was sited for. Without knowing this, it is hard for us to say.

in the province of BC...he received a traffic infraction (no criminal charges). his car was towed, he was fined $500 and given a 90 day driving suspension....at the discretion of the officer. i am aware of the need to disclose this information at his interview...my original question is...do you think his conditional residency will still be approved...with all considered. fines paid..

[444 0]

Was he arrested? As this is something he must disclose at the interview.

no arrest.

[Al422 221]

Is he the petitioner or the beneficiary? As petitioner it does not matter unless he has 3 or more alcohol convictions.. As the beneficiary, one alcohol conviction wil do it, but sometimes on a first offense they let him slide with something that does not have intoxicated in the title.

So what was he convicted of? A non criminal, non alcohol traffic offense? Means nothing.

Is he the petitioner or the beneficiary? As petitioner it does not matter unless he has 3 or more alcohol convictions.. As the beneficiary, one alcohol conviction wil do it, but sometimes on a first offense they let him slide with something that does not have intoxicated in the title.

So what was he convicted of? A non criminal, non alcohol traffic offense? Means nothing.

[Dualie 185]

in the province of BC...he received a traffic infraction (no criminal charges). his car was towed, he was fined $500 and given a 90 day driving suspension....at the discretion of the officer. i am aware of the need to disclose this information at his interview...my original question is...do you think his conditional residency will still be approved...with all considered. fines paid..

I believe (and I am speaking not from experience, but from what I have read on VJ) that as long as everything is disclosed at the time you submit the IV application, and as long as you provide NVC with all documentation related to the issue (if it is requested _ I can't recall what exactly is asked for on the IV application but it may be requested at the Consulate stage), it should not prevent an approval. Traffic violations are not reasons for a visa denial.

Edited January 26, 2015 by Dualie

[dwheels76 5,468]

I believe (and I am speaking not from experience, but from what I have read on VJ) that as long as everything is disclosed at the time you submit the IV application, and as long as you provide NVC with all documentation related to the issue (if it is requested _ I can't recall what exactly is asked for on the IV application but it may be requested at the Consulate stage), it should not prevent an approval. Traffic violations are not reasons for a visa denial.

Traffic violations don't but DUI's fall under the moral turpitude. And depending if a person has a history of them and all that. If this is first offense and depending how the officer has it written up on police report really. But 1st time should not be an issue.

No counseling, or anything like that had to be done. Don't think it's an issue. Just s long as it's disclosed when you fill out the DS-260 when you are at the NVC stage and honest about it if asked at interviews should not be a problem. May come up at interview "do you have a drinking problem".

Edited January 26, 2015 by dwheels76

[444 0]

Is he the petitioner or the beneficiary? As petitioner it does not matter unless he has 3 or more alcohol convictions.. As the beneficiary, one alcohol conviction wil do it, but sometimes on a first offense they let him slide with something that does not have intoxicated in the title.

So what was he convicted of? A non criminal, non alcohol traffic offense? Means nothing.

Is he the petitioner or the beneficiary? As petitioner it does not matter unless he has 3 or more alcohol convictions.. As the beneficiary, one alcohol conviction wil do it, but sometimes on a first offense they let him slide with something that does not have intoxicated in the title.

So what was he convicted of? A non criminal, non alcohol traffic offense? Means nothing.

he is the beneficiary...no conviction...no charges. in BC the officer is left to the descretion of how to handle each driving offense that is alcohol related. he gave him a alocohol related traffic ticket. he failed the breathalyzer...n was given a 90 day driving suspension. fines...etc. no court date is pending.. 90 Day Fail is what the infraction is called. suggestions?