traffic violation disclosure on I-485

[Yhonghu 1]

Hello, I am writing to inquiry about disclosure of traffic violation on I-485. The new version of I-485 form does not exclude traffic violations in regard to criminal acts and violations. However, the instruction does indicate that "In general, you do not need to submit documentation relating to traffic fines and incidents that did not involve an actual physical arrest if the penalty was only a fine of less than $500 or points on your driver’s license. However, you must submit such documentation if the traffic incident resulted in criminal charges or involved alcohol, drugs, or injury to a person or property.”

 

A few years ago I drove in the passing lane of a highway and was issued a traffic ticket citing failure to drive in the right lane, for which I paid a fine of $132 online. According to the instruction, I do not need to submit documentation on this ticket. However, should I disclose the ticket on I-485 form and answer “Yes” to questions #25, #26, #27?

25. Have you ever been arrested, cited, charged, or detained for any reason
26. Have you ever committed a crime of any kind
27. Have you ever pled guilty to or been convicted of a crime or offense

 

If to answer yes to those questions, will this traffic violation affect the processing time and adjudication of my application? Even if the instruction indicates that there is no need to submit documents for such minor traffic violation, should I still submit the copy of the ticket and receipt of fine to avoid RFE? Thank you very much in advance.

Edited December 16, 2017 by Yhonghu

[azblk 338]

6 minutes ago, Yhonghu said:

Hello, I am writing to inquiry about disclosure of traffic violation on I-485. The new version of I-485 form does not exclude traffic violations in regard to criminal acts and violations. However, the instruction does indicate that "In general, you do not need to submit documentation relating to traffic fines and incidents that did not involve an actual physical arrest if the penalty was only a fine of less than $500 or points on your driver’s license. However, you must submit such documentation if the traffic incident resulted in criminal charges or involved alcohol, drugs, or injury to a person or property.”

 

A few years ago I drove in the passing lane of a highway and was issued a traffic ticket citing failure to drive in the right lane, for which I paid a fine of $132 online. According to the instruction, I do not need to submit documentation on this ticket. However, should I disclose the ticket on I-485 form and answer “Yes” to questions #25, #26, #27?

25. Have you ever been arrested, cited, charged, or detained for any reason
26. Have you ever committed a crime of any kind
27. Have you ever pled guilty to or been convicted of a crime or offense

 

If to answer yes to those questions, will this traffic violation affect the processing time and adjudication of my application? Even if the instruction indicates that there is no need to submit documents for such minor traffic violation, should I still submit the copy of the ticket and receipt of fine to avoid RFE? Thank you very much in advance.

Follow the instructions. You will not get RFE.

Edited December 16, 2017 by azblk

[Yhonghu 1]

32 minutes ago, azblk said:

Follow the instructions. You will not get RFE.

Thank you very much for your reply. But I assume that I still need to answer “Yes” question #25, #26, and #27 regarding to criminal acts and violations, and offer explanations at the end of the form, right? Actually, for question #26, the ticket I received is a civil one instead of criminal citation. Is it still considered as committing a crime? Thanks again. 

 

[azblk 338]

10 hours ago, Yhonghu said:

Thank you very much for your reply. But I assume that I still need to answer “Yes” question #25, #26, and #27 regarding to criminal acts and violations, and offer explanations at the end of the form, right? Actually, for question #26, the ticket I received is a civil one instead of criminal citation. Is it still considered as committing a crime? Thanks again. 

 

No A civil offense is an infraction and not a crime. You can include it if it makes you feel better but it wont make a difference

[Yhonghu 1]

4 hours ago, azblk said:

No A civil offense is an infraction and not a crime. You can include it if it makes you feel better but it wont make a difference

Thanks again for your reply. Yes I have checked the website of state judicial branch which clarifies that a traffic infraction is not a crime. I think I will answer Yes to question #25 and #27, but no to question #26, and explain the situation at the back of the form.

[SamSam85 47]

On 12/16/2017 at 9:26 AM, azblk said:

No A civil offense is an infraction and not a crime. You can include it if it makes you feel better but it wont make a difference

However, when you look at the recent published data from ICE/DHS, a large group of deported aliens fall into one catergory (traffic violation). This excludes DUI. So makes me wonder if they consider any traffic violation a crime.

Table 2: http://www.newsweek.com/ice-arrested-more-immigrants-over-traffic-offenses-including-duis-any-other-806467

4th item in the table.

[thepanda 87]

I had to answer yes to the question if a visa was ever denied and I submitted all proper documentation with my application and explained the circumstances on the last page (additional information). I did not receive a RFE and this is one is usally a big no no.

 

If you feel like you want to disclose everything, say yes and submit all documents with your application.

[seagull242 6]

Here's my perspective:

 

I received a traffic for expired plates in Michigan. Fine was $160.

On I485, I checked "No" for any criminal history, citation, violation etc.

 

During interview, IO asked me the question again and I said "Only thing I've had was a traffic ticket last year". She asked me to explain. Then she check the box on my I485 "yes" because I had a citation and then filled in the explanation box.

 

I don't know what the official policy is, but it seemed that my IO considered my ticket to be a infraction. She did not ask for any supporting evidence.

[azblk 338]

11 hours ago, SamSam85 said:

However, when you look at the recent published data from ICE/DHS, a large group of deported aliens fall into one catergory (traffic violation). This excludes DUI. So makes me wonder if they consider any traffic violation a crime.

Table 2: http://www.newsweek.com/ice-arrested-more-immigrants-over-traffic-offenses-including-duis-any-other-806467

4th item in the table.

You are confusing the issue. What that table shows is how ICE came got a hold of those people it deported. It you are pulled over in certain states and have no drivers license, they will take you jail. In some jurisdictions like AZ ice is embedded in the jails and they check the immigration status of every one picked up. It make not difference whether you were stopped for an infraction or not.

[SamSam85 47]

5 minutes ago, azblk said:

You are confusing the issue. What that table shows is how ICE came got a hold of those people it deported. It you are pulled over in certain states and have no drivers license, they will take you jail. In some jurisdictions like AZ ice is embedded in the jails and they check the immigration status of every one picked up. It make not difference whether you were stopped for an infraction or not.

Not sure it is only jail issue. I read also that ICE awaits people in their scheduled court date to pay traffic fine on infractions. Ill find the source and paste here.

[Nitas_man 3,100]

12 hours ago, SamSam85 said:

However, when you look at the recent published data from ICE/DHS, a large group of deported ILLEGALS aliens fall into one catergory (traffic violation). This excludes DUI. So makes me wonder if they consider any traffic violation a crime.

Table 2: http://www.newsweek.com/ice-arrested-more-immigrants-over-traffic-offenses-including-duis-any-other-806467

4th item in the table.

You mean a traffic violation in addition to being in violation of immigration laws?  I fixed your post.  From my side it is really not OK to categorically include immigration violators with the legal immigrants and non-immigrants on this site.

 

 

[azblk 338]

40 minutes ago, Nitas_man said:

You mean a traffic violation in addition to being in violation of immigration laws?  I fixed your post.  From my side it is really not OK to categorically include immigration violators with the legal immigrants and non-immigrants on this site.

 

 

Every so called ILLEGAL is one petition away from becoming legal and every LEGAL is one status violation from becoming ILLEGAL. 

[Nitas_man 3,100]

9 hours ago, azblk said:

Every so called ILLEGAL is was one petition away from becoming legal and every LEGAL is one status violation from becoming ILLEGAL. 

 

Well you're not gonna steal my car and not pay the penalty because my neighbor is one car theft away from being a car thief genius. 

 

 

[azblk 338]

2 hours ago, Nitas_man said:

 

Well you're not gonna steal my car and not pay the penalty because my neighbor is one car theft away from being a car thief genius. 

 

 

someone stole your car? stop being over dramatic nobody stealing cars here.