Charges, fines, arrests, etc

[EmptySeats 49]

Hey everyone. Quick, last question before I send in my I-129.

 

I have no criminal record, but I was given a citation for being in the park too late in New York City (a few minutes past the posted closing time) in June of 2012. I also got a speeding ticket that I believe was over $600 way back in May of 2005 when I was 18. It was in New Jersey, but I forgot the which township it occurred in.

 

I disclosed both in the question 4a of part 3 that asks for any charges, fines, arrests, etc for breaking any laws or ordinances that are not traffic related (unless it's over $500, like I believe my ticket was).

 

I'm just wondering if the month and the year is fine, considering how minor these violations are and how long ago they were. Truth be told, I almost forgot about them myself.

 

That's about it. Thanks!

[EmptySeats 49]

Looking at old threads, it seems the requirements have changed over the years. To be clear, the question on the most recent I-129f is:

 

4.a. Have you ever been arrested, cited, charged, indicted,

convicted, fined, or imprisoned for breaking or violating

any law or ordinance in any country, excluding traffic

violations (unless a traffic violation was alcohol- or drugrelated

or involved a fine of $500 or more)?

 

4.b. 

If the answer to Item Number 4.a. is "Yes," provide

information about each of those arrests, citations, charges,

indictments, convictions, fines, or imprisonments in the

space below. If you were the subject of an order of

protection or restraining order and believe you are the

victim, please explain those circumstances and provide

any evidence to support your claims. Include the dates

and outcomes. If you need extra space to complete this

section, use the space provided in Part 8. Additional

Information.

[JFH 12,189]

A $600 speeding fine is not minor! Currently the penalty in NJ for doing 35 or more over the limit is $260 (doubles in a work or school zone) and 5 points. How did you get a $600 fine? That’s not minor, that’s dangerous driving. 

 

You will have to contact the police department who issued the ticket to get the exact details. 

[EmptySeats 49]

Ok I'm 32 now. I was 18, on my provisional license, and was driving 90 in a 65 with 6 people in the car (including me). It was a faster car I wasn't used to driving, and I was on the route 95. The fine and 2-week license suspension were at the discretion of a judge (I chose suspension over points), and included court fees (so I'm pretty sure each individual fine was under $500). Trust me I learned my lesson 14 years ago, and my question isn't about whether it was serious or not.

 

I know it needs to be reported, as does my in the park 5 minutes after closing infraction. I get that. But the most recent form (see second post of this thread) says just to explain these things, not to provide documentation. I have heard people say evidence is optional, but I wanted more opinions. I also wanted to know if "May of 2005" is fine or do I need exact dates, the name of the township (I have no idea what it is), etc. I don't know the exact date I was in the park in NYC.

 

Also, let's throw in a third. In my ONLY other moving violation ever (2011), I was driving 82 in a 70 mpg zone in Virginia. Sounds like a pretty standard speeding ticket, but in Virginia that's an automatic reckless driving charge for doing anything 81 mph or higher (even if the limit is 70). I hired a lawyer, as you have to, who got the charge reduced, as they almost always do. My fine was under $500, which would mean it's a traffic related and not over $500. That means I wouldn't have to report it. But it's also a reckless driving charge.

 

I've lived the cleanest life of most people I know. One park after dark summons and 2 speeding tickets at ages 18 and 24 in my whole life. Not a criminal mastermind here, just want to know what needs to be reported and to what detail since I-129f is very ambiguous.

Edited August 4, 2019 by EmptySeats

[EmptySeats 49]

I just confirmed through email with my lawyer from 2011 that the fine was under $500.

[EmptySeats 49]

Well, I decided to tell about all 3 incidents, even the reckless driving (82 mph in a 70 zone) I know was under $500 in fines and the speeding which I suspect was under $500 without court costs. I gave the month and years they occurred, and I gave the municipalities/counties for 2 of the 3 (I don't know the municipality for the 2005 speeding ticket). I figure rather tell more than less. We'll see if the RFE me for more details. Maybe I'll work on getting them now just in case.

 

The park after dark citation is literally the only non traffic summons I ever received, and NYC used to give them out like candy.

[EmptySeats 49]

I know no one is responding lol but I reconsidered decided to reach out to the NJ State police and try to figure out which court would have my record and then try to figure out the date it happened and see if I can get documentation. I'll also reach out to NYC to get to get information on this 7 year old dropped "too late in the park" misdemeanor. And I'll see if my lawyer in VA can help me get documentation for that reckless driving (82 in 70 mph).

 

If you all knew how straight edge of a guy I am, you'd realize this is the utmost is bad luck lol - driving 90 as an 18 year old notwithstanding.

 

This is gonna take forever.

 

Any thoughts would be appreciated.

Edited August 4, 2019 by EmptySeats

[EmptySeats 49]

OK I know I'm talking to myself lol - but I spoke to the court where the reckless driving (82 in a 70 mph) took place. They said that I plead guilty when I paid my fine - my reckless driving was not reduced. But I paid only $350 in fines. This is a traffic offense under $500 so I am in the clear, right?

 

I am in the process of getting the park after dark disposition and the other traffic ticket from 14 years ago.

 

Thanks

[thebrokenmando 1]

sorry your not getting many responses here, im kind of in the same boat for some dumb stuff that happend to me when i was 11 in 1997, im unable to provide records because my record was expunged, so a lawyer advised me to just write a statement about when and what i was charged with and what my punishment was and include it with my I129f, which i did. its got me worried that its gonna cause problems but im trying to stay positive.

[EmptySeats 49]

That's the thing man, I'm sure that just telling our story is fine. In fact, the I-129f doesn't even require documentation in its current form - for other charges besides the serious ones it wants to know about. I have my I-129f all ready to send explaining that I was in the park late in 2012, that I sped when I was 18 (ticket likely under $500), and and sped again at 24 ($240 ticket). Just afraid to send.

 

It's just the fear of leaving something out and getting an RFE or the minuscule chance something worse happens.

 

Just take solace in the fact that in worrying about it, you are probably making a much better application. Here's a post for you to look at: https://www.visajourney.com/forums/topic/702945-i-129f-approved-by-uscis-in-45-months/#comments

 

I do find it weird that hardly anyone has information about the prior charges. I guess it depends on where you live. Spending a lot of time in NYC, especially during the 2000s, it's not crazy to get some sort of charge. People get charges from accidentally cutting through a park to get home quicker lol

[thebrokenmando 1]

thanks, that was a good read

[EmptySeats 49]

So let me update everything.

 

1) I was in the park after it closed - misdemeanor citation. I have the sealed disposition for that.

2) I did my research and learned I had a $506 speeding ticket. I have the sealed disposition for that.

3) I also have a reckless driving charge (going 80 in a 70 in Virginia) that was dismissed and turned into a regular speeding ticket. This costed me $240 plus court fees for a total of around $320. This is well below the $500 threshold. But in case there is any confusion, I plan to submit the scanned, unsealed disposition that the Courthouse provided to my lawyer, voluntarily, just to show them that it's under $500 in case there was any confusion. I explain that "while this is under $500, I am voluntarily providing this scanned, non-sealed disposition."

 

Do you guys agree with this?

 

My whole packet is ready to send, just something I thought I'd ask about on my last review.

Edited August 26, 2019 by EmptySeats

[EmptySeats 49]

I requested the other two dispositions in person at the courthouses, on the same day, two weeks ago.

 

One of them I was given right on the spot, and the other I had to wait for them to mail it. They promised it quickly but it took two weeks.

 

The reason I didn't request this one is because they are almost guaranteed to take 2 weeks - and thinking disposition #2 would be a lot quicker (as they promised), I didn't want to wait that long. I have to get a notarized letter, mail them a check, and wait for them to mail me a disposition. Plus, IT'S NOT REQUIRED.

 

I guess the question is, do you mention something that is under $500? One of the reason I decided to was because their court's internet database, before I called them early this month, still had me as convicted. They fixed it, afterwards, upon locating my disposition.

 

I'm probably overthinking this. Packet is totally ready to send, as is.

 

Thanks.

Edited August 26, 2019 by EmptySeats

[Pfury 0]

Thanks for this thread. How much did you pay for your park Citation? I had to go to court and plead no contest for mine. My fine was only $50. I think it's just a minor offense. 

[debbiedoo 2,339]

you have to tell them about it yes. If you have the documentation, send it. I have a far worse record from when i was young and dumber than a bag of rocks and had zero issues.

 

none of it will be a big deal. i did not tell them what i paid (because i had no clue lol) but i did include a copy of my criminal record with everything on it from the court.

 

We had ZERO issues and no RFE's.

Edited December 12, 2019 by debbiedoo