I-485: what is considered a criminal record?

[Julieta1 2]

1 hour ago, Mike E said:

Worry about I-485 when you get married.  
 

Review the DS-160 questions. https://travel.state.gov/content/dam/visas/PDF-other/DS-160-Example_11-19-2020.pdf   Before  you take on DS-160,  hire a lawyer as you have a serious criminal conviction (defamation).  
 

I had assumed  your speeding ticket was in the U.S. when you worded the your explanation that you were used to the autobahn. That assumption might be wrong.  So:

 

1. What  country was it in?

2. If in the U.S., what state? 
3. Loss of license for for 3 months for one offense is unusual, so how many  times were you cited?

4. Were of these  reckless driving citation?

5. Were you under the influence of a controlled substance while commuting these traffic offenses? 
6. Were of these  wet reckless driving citations?

7. What were the fines?

8. Were you charged with eluding an officer?

9. How fast were you going and what was the posted speed limit?

 

 

 

Sorry for the confusion. This all happened in Germany. The speeding as well as the defamation as I am a German citizen and am still living in Germany at this moment. 
 

1. What  country was it in?

Germany

3. Loss of license for for 3 months for one offense is unusual, so how many  times were you cited?

In Germany, if you get caught speeding with more than 25km/h (15 mph) twice within 6 months, your license is gone for 3 months. 

We have flashers that are installed on the side of roads and highways that measure your speed and flash you (take a photo) when you drive too fast. There was no police involved. Nor was I arrested or anything.

 

4. Were of these  reckless driving citation?

Speeding is in general considered reckless driving I would say. 

 

5. Were you under the influence of a controlled substance while commuting these traffic offenses? 

No, there were no police involved. I was „flashed“. 

6. Were of these  wet reckless driving citations?

See my answer above. 
 

7. What were the fines?

100 EUR which is about 110$

 

8. Were you charged with eluding an officer?

No. No police involved. 
 

9. How fast were you going and what was the posted speed limit?

On the autobahn too fast by 16mph

Speed limit was 80 mph. Parts of the autobahn do have speedlimits and I missed the sign when it went from no speed limit to speed limit. 
 

As for the defamation, I found child p*rn on my then boyfriend’s laptop. I reported him to the police and he got sentenced. Of course I told all kinds of people about this which made him go after me for defamation. In Germany, even if someone does something bad you are not allowed to talk bad things about this person. I was fined because I used the word „pedoph*le“ and had to pay 700€ for this! 

[Mike E 11,723]

16 minutes ago, Julieta1 said:

Speeding is in general considered reckless driving I would say. 

In general that isn’t the case in the USA. 
 

You’ve enough going on that you need to talk an immigration lawyer. Turns out there are 3 lawyers in Germany licensed to practice U.S. immigration law: https://www.ailalawyer.com/english/SearchResult.aspx?practice=&prac=&language=143&lang=German&city=&state=&st=&country=28&cy=Germany&zip=&miles=100&last=
 

 

Edited March 7, 2023 by Mike E

[Julieta1 2]

3 minutes ago, Mike E said:

In general that isn’t the case in the USA. 
 

You’ve enough going on that you need to talk an immigration lawyer. Turns out there are 3 lawyers in Germany licensed to practice U.S. immigration law: https://www.ailalawyer.com/english/SearchResult.aspx?practice=&prac=&language=143&lang=German&city=&state=&st=&country=28&cy=Germany&zip=&miles=100&last=
 

 

Thank you so much for the help Mike 🙏

[Julieta1 2]

22 minutes ago, Mike E said:

In general that isn’t the case in the USA. 
 

You’ve enough going on that you need to talk an immigration lawyer. Turns out there are 3 lawyers in Germany licensed to practice U.S. immigration law: https://www.ailalawyer.com/english/SearchResult.aspx?practice=&prac=&language=143&lang=German&city=&state=&st=&country=28&cy=Germany&zip=&miles=100&last=
 

 

One last question. All of this stuff does not show up in my German criminal record. My criminal record over here is „clean“. Does that matter?

[Mike E 11,723]

2 minutes ago, Julieta1 said:

One last question. All of this stuff does not show up in my German criminal record. My criminal record over here is „clean“. Does that matter?

Does not matter. 
 

 

[Julieta1 2]

On 3/7/2023 at 7:38 PM, Mike E said:

Does not matter. 
 

 

I spoke to my attorney that handled my defamation case back then and he was a little surprised as he said this case as well as my speeding ticket were both civil cases, not criminal cases. Do I understand it correctly that USCIS in their forms only ask for criminal incidents? 

[Mike E 11,723]

20 minutes ago, Julieta1 said:

I spoke to my attorney that handled my defamation case back then and he was a little surprised as he said this case as well as my speeding ticket were both civil cases, not criminal cases. Do I understand it correctly that USCIS in their forms only ask for criminal incidents? 

1. Is your German attorney licensed to practice U.S. immigration law? If so, defer to your attorney  

 

2.  While civil offenses are less likely  to prevent one from obtaining a U.S. immigration benefit, they are still offenses that might have to be reported to U.S. immigration authorities. Some lawyers say minor civil offenses such as speeding 15 mph over limit do not have to be reported and some do. My general suggestion is that if you have all the documentation of a civil offense, that you report it   
 

3. A defamation civil offense definitely rises to the level of being required to report  700 € is also > $500 USD  

 

4.  A habitual offender  of civil laws can be inadmissible. You have 3.