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pleasehelpmeguys

Effect of train fine on IR1

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Posted (edited)

Me (Canadian) and my U.S.C. spouse plan to apply for my IR1 visa soon. In a frustrating incident, I recently received a violation ticket in from go because my tap did not work, and the train ticket inspector gave me a ticket for $100. Does this impact my chances of getting an IR1 visa? The ticket had the following language -

"Notice of violation pursuant to Metrolinx bylaw No.7"
"I believe the violation was committed by the person or the vehicle noted herein"
"Did commit a violation of Fail to show valid ticket when directed"
"Metrolinx bylaw No. 2 Section 2.19"
 

This seems to be the most benign form of ticket as per https://www.gotransit.com/en/travelling-with-us/dealing-with-a-fine. It doesn't not say "offence", just says "violation". Apparently they no longer give warnings for first timers, so this sucks because I've never had any ticket of any other kind.

 

Has anyone else experienced similar situation? Will this show up on my RCMP background check? If so, will I be denied for IR1 visa because of it?

 

I can challenge the ticket but most likely the fine will be reduced but the ticket looks unlikely to be waived. Should I try contesting the ticket? Thanks!

 

Inviting @NikLR, @Ontarkie to answer.

Edited by pleasehelpmeguys

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Posted (edited)
6 minutes ago, payxibka said:

Zero

Do you mean zero impact on IR1 visa? I wonder if we have seen similar cases here where folks with such tickets have obtained their visas successfully?

Will I have to answer yes to DS-260 questions that go like "Have you ever committed crime, offenses etc. etc." even if it doesn't show up on my criminal record check?

Edited by pleasehelpmeguys

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2 minutes ago, pleasehelpmeguys said:

Do you mean zero impact on IR1 visa? I wonder if we have seen similar cases here where folks with such tickets have obtained their visas successfully? Will I have to answer yes to questions like "Have you ever committed crime, offenses etc. etc." even if it doesn't show up on my criminal record check?

 

Thanks!

Google "crimes involving moral turpitude"  these are what potentially gets you in trouble 


YMMV

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2 minutes ago, payxibka said:

Google "crimes involving moral turpitude"  these are what potentially gets you in trouble 

It is unclear if this ticket qualifies as crimes of moral turpitude. It is a bylaw violation and not a provincial offense. The definition of CIMT is not very clear. I was not arrested or imprisoned. Only a fine was paid. Most likely it wont even show up on the police check. I think it is a civil violation not a criminal one. Very curious to know if someone knows if this can cause any trouble for me?

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3 minutes ago, pleasehelpmeguys said:

It is unclear if this ticket qualifies as crimes of moral turpitude. It is a bylaw violation and not a provincial offense. The definition of CIMT is not very clear. I was not arrested or imprisoned. Only a fine was paid. Most likely it wont even show up on the police check. I think it is a civil violation not a criminal one. Very curious to know if someone knows if this can cause any trouble for me?

Its not so stop worrying 


YMMV

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This will not impact your chances of getting an IR1 visa so don't worry about that. It is about as serious as a parking ticket (probably less so) and many people here have successfully received their visas with much worse on their records. For the ticket itself, if you believe you were wrongly fined then fight it, otherwise just pay it. It won't affect your visa either way. 

 

Will this show up on your RCMP background check? I doubt it but I'm not sure because 1) it is just a fine, you weren't charged with an offence, and 2) unless you don't pay the fine, Metrolinx doesn't do any of this through the courts. You'll know for sure if this will show up when you order your police report and get the results in the mail.

As for the question on the form, if you are referring to the one on the DS-260, I would personally answer no to that because it asks if you were arrested or convicted (neither of which happened) but you might want to double check that with a more knowledgable member. 


CR1 Timeline:

 

Spoiler

Started Dating: January 12th 2014

Married: August 18th 2018

I-130 Sent: September 18th 2018

PD: September 20th 2018 TSC

NOA1 Received: October 5th 2018
Case Inquiry: July 13th 2019 

Case Inquiry Response: July 24th 2019 - in line for processing.

Escalated Case Inquiry: August 6th 2019 - tier 2 found that internal status was "in background check" despite results coming back 4 months prior.

Escalated Case Inquiry Response: August 7th 2019 - case was "delayed" because they had to "perform additional review" 🙄case now with an officer.

NOA2: Waiting...

 

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24 minutes ago, pleasehelpmeguys said:

Inviting @pushbrk to answer.

This is not a crime.  It's more like a speeding ticket, for running a red light.  Don't give it another thought. It won't appear on a police report.  


Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

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2 minutes ago, pushbrk said:

This is not a crime.  It's more like a speeding ticket, for running a red light.  Don't give it another thought. It won't appear on a police report.  

Thank you. Would it need to be disclosed on DS-260 and other immigration related forms?

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2 minutes ago, pleasehelpmeguys said:

Thank you. Would it need to be disclosed on DS-260 and other immigration related forms?

Were you "arrested"?  No.  So, no.  Be literal when interpreting or asking questions.


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Posted (edited)
10 minutes ago, pushbrk said:

Were you "arrested"?  No.  So, no.  Be literal when interpreting or asking questions.

Since in some U.S. states "fare evasion" can be a crime rather than a civil infraction/offense, I wonder if they will apply same standards to a visa applicant even though it is not a crime here? I was browsing some legal forums where folks who are already in the U.S. were asking similar train/bus fine questions. Some lawyers commented that it could be a CIMT, since paying the fine is admission of guilt.

 

I'm utterly confused if any of that makes sense. Should I be worried?

Edited by pleasehelpmeguys

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Just now, pleasehelpmeguys said:

Since in some U.S. states "fare evasion" can be a crime rather than a civil infraction/offense, I wonder if they will apply same standards to a visa applicant even though it is not a crime here? I was browsing some legal forums where folks who are already in the U.S. were asking similar train/bus fine questions. Some lawyers commented that it could be a CIMT, since paying the fine is admission of guilt.

 

I'm utterly confused if any of that makes sense. Should I be worried?

Was MY advice confusing?  Read the questions.  Interpret them literally, not creatively, and then answer accurately.  This incident is a non-issue.  My last reply in this thread.


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Understanding the big picture is priceless. Anonymous

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Posted (edited)
On 7/31/2019 at 6:08 PM, pushbrk said:

Were you "arrested"?  No.  So, no.  Be literal when interpreting or asking questions.

Sorry for asking one more question - If the question asked is "Have you ever been arrested or convicted of any offense or crime even though subject of a pardon, amnesty, or other similar action?"

Is a "notice of violation" an "offense"?

Edited by pleasehelpmeguys

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