Do I need a police record?

[Mariana2012 89]

Hi everyone. in 2007 I got what I hope is a traffic violation ticket for not coming to a full stop while turning right on a red light ( WA state) . The cop said he stopped me because he saw the guy behind me hit the breaks . Got a $ 101 fine and my insurance did not go up . Now I read somewhere here that a red light is sometime a misdemeanor and if that comes up at the interview you will get an RFE and your case will be delayed for months.

In order to avoid this mess is there anything I can bring with me ? Like a police record? Would that be enough proof that I have a clean record ? Would a police clearance show such an old date 2007?

And if I need one . Where can I get it from ?

Thanks

Edited February 19, 2013 by Mariana2012

[Newbie608 103]

There's is nothing to be worried about. You don't need a police report or record for that. USCIS would have RFE'd you if there was a problem. Just relax, you will be fine...

[Hypnos 6,576]

From the I-485 instructions:

"Note: Unless a traffic incident was alcohol or drug-related, you do not need to submit documentation for traffic fines and incidents that did not involve an actual arrest if the only penalty was a fine of less than $500 and / or points on your driver's license".

[asdfg 18]

Now I read somewhere here that a red light is sometime a misdemeanor and if that comes up at the interview you will get an RFE and your case will be delayed for months.

No, I did not say that.

I said IF it is a misdemeanor then you must answer YES on I-485 where it asks if you have ever been arrested, detained, imprisoned etc for any crime. Because misdemeanor is a crime, not a mere traffic violation (even if violation occurred while you operated a motor vehicle).

IF you have a criminal record you must disclose it and bring as much evidence to an interview as you can (record of violation, amount of fine paid, discharge papers and so on, all originals with official seals and so on). This will actually help to avoid delays in processing of your case.

IF it is NOT a misdemeanor in the State/locality where you were cited and did not involve drugs/alchohol/arrest or fine above $500 then you answer NO on the form I-485 (assuming you don't have any criminal violations in your past) and you are not required to submit any evidence or disclose anything (ex.if you had a parking ticket 20 years ago you don't have to disclose it and answer YES to "have you ever been arrested..etc.". Actually your case may be delayed if you do disclose irrelevant to I-485 citations, because then you will be forced to get a record of infraction that may not even exist in the system anymore).

And please NOTE: This is NOT a Legal Advise. I am not a Lawyer. This is just my subjective opinion based on my limited knowledge and experience as a layman. For legal advise consult an immigration attorney (which you claim to have already).

Good luck.

Edited February 19, 2013 by asdfg

[Mariana2012 89]

You said this though and it got me thinking....,

Mariana, you must contact the jurisdiction where you were cited for infraction. Find out if its minor violation or misdemeanor. In CA red light violation is misdemeanor. Misdemeanor is a crime and doesn't fall under minor traffic violations

[asdfg 18]

There is really nothing to think, all you need is know.

And you say that you do have an attorney, so your best bet is to consult him.

Good luck.