Infractions

[Japple 0]

My fiance had recieved a ticket for a noise violation last year. She requested a police certificate to make sure it wasn't on there, and says there is nothing on her report. But....I have her checking again.

Is an infraction like this something that should be reported in box 38 of ds-156?

Should it be reported on the DS-230 form?

I'm just confused if an infraction counts as a "crime or offense." So many legal terms to parse. arrrgggghh. I posted this in the general forums but didn't get a whole lot of feedback. I was hoping that somebody trolling these forums could help out.

Thanks everyone!

[Baileyj96 0]

Japple,

I think I would list it on your paperwork just to be completly honest but it should not cause any problems.

Here is the part of the law that deals with the criminal section.

(2) Criminal and related grounds.-

(A) Conviction of certain crimes.-

(i) In general.-Except as provided in clause (ii), any alien convicted of, or who admits having committed, or who admits committing acts which constitute the essential elements of-

(I) a crime involving moral turpitude (other than a purely political offense or an attempt or conspiracy to commit such a crime), or

(II) a violation of (or a conspiracy or attempt to violate) any law or regulation of a State, the United States, or a foreign country relating to a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)), is inadmissible.

(ii) Exception.-Clause (i)(I) shall not apply to an alien who committed only one crime if-

(I) the crime was committed when the alien was under 18 years of age, and the crime was committed (and the alien released from any confinement to a prison or correctional institution imposed for the crime) more than 5 years before the date of application for a visa or other documentation and the date of application for admission to the United States, or

(II) the maximum penalty possible for the crime of which the alien was convicted (or which the alien admits having committed or of which the acts that the alien admits having committed constituted the essential elements) did not exceed imprisonment for one year and, if the alien was convicted of such crime, the alien was not sentenced to a term of imprisonment in excess of 6 months (regardless of the extent to which the sentence was ultimately executed).

(B) Multiple criminal convictions.-Any alien convicted of 2 or more offenses (other than purely political offenses), regardless of whether the conviction was in a single trial or whether the offenses arose from a single scheme of misconduct and regardless of whether the offenses involved moral turpitude, for which the aggregate sentences to confinement 2/ were 5 years or more is inadmissible.

© CONTROLLED SUBSTANCE TRAFFICKERS- Any alien who the consular officer or the Attorney General knows or has reason to believe--

(i) is or has been an illicit trafficker in any controlled substance or in any listed chemical (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)), or is or has been a knowing aider, abettor, assister, conspirator, or colluder with others in the illicit trafficking in any such controlled or listed substance or chemical, or endeavored to do so; or

(ii) is the spouse, son, or daughter of an alien inadmissible under clause (i), has, within the previous 5 years, obtained any financial or other benefit from the illicit activity of that alien, and knew or reasonably should have known that the financial or other benefit was the product of such illicit activity, is inadmissible.

Hope that gives you some peace of mind.

Baileyj

[aussiewench 9]

Why would one have to include an 'infraction' for a noise violation. Thats not much different then getting a parking ticket. I doubt we all put them down Infractions involve a fine and are generally not even seen as a crime. I wouldnt include it on the DS-156 unless she was arrested/convicted.....The form asks 'Have you ever been arrested or convicted for any offense or crime'

[Kajikit 65]

A noise voilation is not a 'crime'... she didn't get arrested - she got fined. There's a big difference. It's a bit like saying 'do I have to tell a future employer that I had problems at school because my first-grade teacher put me in the naughty corner once' as opposed to 'I was suspended for trying to burn the school down'.