I-485 traffic tickets

[Chen93 0]

Hi, I have a question regarding Part 8, question# 25, 26. 

 

I had one speeding ticket about $250 fine, and two red light camera tickets in the last 5 years. They're all light traffic violation and didn't bring to the court, and has been paid off within a week.

 

Do I have to answer yes on both questions? 

[ToastedMuffin 4]

This one made me ponder a bit and change my initial answer. Definitely interested in seeing what others have to say.

 

In my (non-lawyer) opinion, speeding tickets/red light tickets constitute simple infractions, and are not criminal offences so the answer could be no. HOWEVER, you may want to confirm that this is the case for country and/or state in which you committed the violation. You may have been "cited" for the traffic ticket, so while I don't think you committed a crime, it's possible that you could answer yes.

 

I'm linking an article I found for your own reference: https://www.nolo.com/legal-encyclopedia/traffic-violations-differ-crimes.html

 

 

Edited August 17, 2021 by ToastedMuffin

[ToastedMuffin 4]

I've looked it over a bit and I think the safest option would be to answer yes to both, and to definitely add the explanation to part 14 and state they were traffic infractions (if you choose to answer yes). I doubt this would be a significant threat to your application. Perhaps others have better experiences than me (fortunately my wife had a very straightforward case for these questions).

 

Once again, others may have more insight.

 

Sorry, editing again. As per the I-485 instructions:

Quote

You must disclose all arrests and charges, even if the arrest occurred when you were a minor. An adjudication of juvenile delinquency is not a “conviction” under U.S. immigration law, but a juvenile can be charged as an adult for an offense committed while a juvenile. If you were convicted as an adult, there is a conviction, regardless of whether you were tried before a criminal court or a juvenile court. An adjudication of juvenile delinquency could also be relevant to the exercise of discretion. If you claim that an arrest resulted in adjudication of delinquency, and not in a conviction, you must submit a copy of the court document that establishes this fact. 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.

This is on page 14. Please review this section as I think it will help you.

Edited August 17, 2021 by ToastedMuffin

[Chen93 0]

19 hours ago, ToastedMuffin said:

I've looked it over a bit and I think the safest option would be to answer yes to both, and to definitely add the explanation to part 14 and state they were traffic infractions (if you choose to answer yes). I doubt this would be a significant threat to your application. Perhaps others have better experiences than me (fortunately my wife had a very straightforward case for these questions).

 

Once again, others may have more insight.

 

Sorry, editing again. As per the I-485 instructions:

This is on page 14. Please review this section as I think it will help you.

Thanks! I answered Q25, 26, 27 as Yes, No, No. 

 

Apparently depends on the situation, speeding ticket can be "civil traffic", "criminal traffic", "criminal" (At lease in Arizona where I got the ticket). I got the "civil traffic" which does not count as crime. If anyone has similar questions, check your ticket if you could find them and you'll get that straight up.

[El Escocés 217]

Interpretation of Q25 and the word “cited” = if you’ve received a ticket you’ve been cited to appear in court. So the answer is yes. 
 

I received two tickets for speeding over 20 years and I brought proof of payment for both of them.  Yup even one from 2003. No issues during the application nor the interview. 

[debbiedoo 2,339]

my husband had received a ticket for a cracked windshield shortly after we married.

 

ridiculous.

 

had it fixed, went to court, paid the fine.

 

we answered yes to both and provided the documentation.

 

no issues with AOS.