AOS and misdemeanor

[argie 0]

Hi everyone! i hope somebody can help me with this: three years ago i got a ticket for marihuana possesion in nevada, the officer got my name all screwed up in the ticket but my passport # was right. i payed the fine right away. i am filing out the form I 485 and in part 3, 1-b asks if u ever been fined for violating any law, so i dont know what to answer. It was under an ounce so its a misdeameanor and they told me it doesn't stay on your record cause i payed for it right away. I dont know if i need to put yes or no, if i put yes i have to submit the paperwork for it. If somebody has been through something like this please help!

[Krikit 1,165]

I'm confused. Are you the beneficiary? Did you not disclose this on your visa application?

In any event, the answer to the question is yes.

[Brother Hesekiel 2,236]

You are between a rock and a soft place.

If you do not disclose it and the federal database still remembers it during the comprehensive background (FBI) check, which is very likely, then that will be seen as material misrepresentation, I'm sure of it.

If you truthfully disclose it, which is what you should do, they will most likely bring this up during the interview, perhaps even require a drug test to prove that you are not a habital user.

Sucks, I know.

[ceadsearc 516]

Disclose it and provide the evidence requested. Even if they got your name wrong, you still were the one who got ticketed. You can explain or submit to any tests they ask at their request, but lying about it is going to be a much bigger problem.

[argie 0]

i am the beneficiary and when i was filing for K1 i wasnt ask this question. i did present my argentinian police record clean. i don't want to lie about i wanted to know if u still had to send all te ppaerwork for a misdemeanor. the problem is that i dont have the ticket anymore and when i called the county they say that im not in the record. so i dont know what am i supose to send and how long it is going to take. we got married within the 90 days but now my I94 is expired so i want to get this thing out as soon as possible.

thank you for the answers!

[VanessaTony 3,567]

i am the beneficiary and when i was filing for K1 i wasnt ask this question. i did present my argentinian police record clean. i don't want to lie about i wanted to know if u still had to send all te ppaerwork for a misdemeanor. the problem is that i dont have the ticket anymore and when i called the county they say that im not in the record. so i dont know what am i supose to send and how long it is going to take. we got married within the 90 days but now my I94 is expired so i want to get this thing out as soon as possible.

thank you for the answers!

I had a look at the I-485 to confirm the questions

1a - you would select Yes - you said you weren't arrested but you were fined. someone else might disagree here but it's a close call

1b - you would select Yes

You can't lie because that's a lifetime ban for material misrepresentation. You will need to send your court records with the I-485. I would at least see a lawyer for a consultation because I know that a drugs charge is bad.

Here is a thread: http://***removed***/forum/showthread.php?t=3477 where the person was denied and needed to file a waiver to try and overcome it.

[argie 0]

I DONT WANT TO LIE!, but when i call the court they tell me im not in the record so i dont know how to get the paperwork or what is it that i need to get. thank you for cheking it out!!

[VanessaTony 3,567]

I DONT WANT TO LIE!, but when i call the court they tell me im not in the record so i dont know how to get the paperwork or what is it that i need to get. thank you for cheking it out!!

I didn't say you WANT to lie just pointing it out for other people reading. You HAVE to put yes. Even if the record no longer exists.

Okay so, you will probably have to contact the police in the area where you were fined for their records. You will probably need to go to the court in the area for a record as well. Even if you find no record you have done the right thing by obtaining the "clear" records and telling USCIS about it.

[argie 0]

do you think is there anyway i can do it on the phone or do i have to be there to get the record?

[ceadsearc 516]

do you think is there anyway i can do it on the phone or do i have to be there to get the record?

You could call and ask at the court or police station where you were originally charged.

My husband had to get a paper showing he had no record (though he had been arrested), and where he had been arrested allowed for him to request it via mail with proof of who he was (copy of his passport, etc.), and have it mailed to him. But it varies from place to place what you can and can't do.

Edited May 31, 2011 by ceadsearc

[joevegas 67]

I had the same problem,I was arrested long ago and they're are no court records to be found anymore,I was asked about it at AOS,and it wasen't a big deal,though i have to say it wasn't a drug charge..if you can remember which court it was you can phone them and ask them if they cant send you a statement attesting to the fact there are no court records to be found,that should be good enough.

[claytlin 2]

@joevegas - I got a ticket in 2004 for underage drinking during spring break. They took me to court and asked me to either pay a fine or do community service. They told me that it would never go on my record, I am also about to submit my papers for AOS . I checked online and called and they cant find me on the system.....what do i do ?

Edited May 31, 2011 by claytlin

[joevegas 67]

@joevegas - I got a ticket in 2004 for underage drinking during spring break. They took me to court and asked me to either pay a fine or do community service. They told me that it would never go on my record, I am also about to submit my papers for AOS . I checked online and called and they cant find me on the system.....what do i do ?

It shouldn't be a big deal at all,mainly because you were underage..If they ask,just explain the circumstances,and tell them there's no papers available,I wouldn't worry about it,it's very minor.

[TBoneTX 46,426]

you were underage. it's very minor.

Good play on words, whether intended or not, si man.

[Dulcinea 1]

Tell the truth. For the interview you will be requested to bring the court disposition. They will know about you arrest and lying will lead to denial of you application.