Will i be denied re-entry as a permeanent resident for Misdemeanor Class B Conviction?

[Eric-Pris 1,606]

4 minutes ago, KCMO said:

i believe i have already explained this couple of times in this thread including the original post. In order to change from a moving to non moving violation to avoid having points on my drivers record. As per my attorney we are reducing the charge to  a non moving violation by guilty plea to this. Otherwise it would remain as a speeding violation causing the points to be on my drivers record. 

I believe that you don't understand the legal system.  The words "misdemeanor" and "felony" are reserved for criminal convictions.  In 24 years of driving, I have never seen them used in relation to a traffic infraction.

[Teemo 252]

11 minutes ago, Eric-Pris said:

I believe that you don't understand the legal system.  The words "misdemeanor" and "felony" are reserved for criminal convictions.  In 24 years of driving, I have never seen them used in relation to a traffic infraction.

Yes this is what confused me - maybe @Cyberfx1024can shed some light as he quickly shut me down when I zeroed in on this. I've always seen a misdemeanor as something more than a traffic violation - it's more analogous to shoplifting or disturbing the peace or something. And for those, it is highly recommended to have the certified court disposition and police record.

 

@KCMO you keep saying that this misdemeanor conviction is better because it avoids points on your driving record, but is it actually BETTER for immigration purposes? On the face of it, if you are now "convicted of a misdemeanor," I'd say no it isn't. Or are you using the wrong language?

[KCMO 84]

16 minutes ago, Eric-Pris said:

I believe that you don't understand the legal system.  The words "misdemeanor" and "felony" are reserved for criminal convictions.  In 24 years of driving, I have never seen them used in relation to a traffic infraction.

Dont know what is your expertise or knowledge about the amended charges. but here is what i received from attorney today . he emailed me copies of e notification from the court and his own letter. In some time i will try to conceal peraonal details and upload the jpgs but for now here is some text from it.

 

(

The record of traffic disp issued :
The traffic Disp was sent electronically to DOR and/or MHSP for charge no 1 violation 302.020 -001 (and some numbers), -Failure to register Mt.Veh. The charge was diaposed as guilty plea.

And my attorney's letter says this : 
" Dear Client,

I filed a guilty plea on your behalf to failure to register a motor vehicle and paid your fines and costs. Enclosed is the documentation to verify that your charge was amended to Failure to register a motor vehicle. Your case is now concluded , file has been closed'. )

[Going through 5,671]

25 minutes ago, KCMO said:

i believe i have already explained this couple of times in this thread including the original post. In order to change from a moving to non moving violation to avoid having points on my drivers record. As per my attorney we are reducing the charge to  a non moving violation by guilty plea to this. Otherwise it would remain as a speeding violation causing the points to be on my drivers record. 

what confuses me is that you were originally charged with speeding...but the final disposition is in regards to "failure to register a motor vehicle"?

[NoProblem 69]

3 minutes ago, Going through said:

what confuses me is that you were originally charged with speeding...but the final disposition is in regards to "failure to register a motor vehicle"?

The OP may have this problem as well so the speeding got ignored by the Judge.  Also, OP, you could have opted for driving class and not have point your DL..? Hiring attorney etc may have been more of a hassle and expensive.

[Teemo 252]

9 minutes ago, KCMO said:

Dont know what is your expertise or knowledge about the amended charges. but here is what i received from attorney today . he emailed me copies of e notification from the court and his own letter. In some time i will try to conceal peraonal details and upload the jpgs but for now here is some text from it.

 

(

The record of traffic disp issued :
The traffic Disp was sent electronically to DOR and/or MHSP for charge no 1 violation 302.020 -001 (and some numbers), -Failure to register Mt.Veh. The charge was diaposed as guilty plea.

And my attorney's letter says this : 
" Dear Client,

I filed a guilty plea on your behalf to failure to register a motor vehicle and paid your fines and costs. Enclosed is the documentation to verify that your charge was amended to Failure to register a motor vehicle. Your case is now concluded , file has been closed'. )

You keep saying "disp." What is that? A certified disposition, like what I have been saying you should have on you?

[Going through 5,671]

13 minutes ago, Teemo said:

You keep saying "disp." What is that? A certified disposition, like what I have been saying you should have on you?

For the purposes of admissibility to the US, the OP still won't need to present the certified disposition at the border since it's still a traffic violation that didn't involve a DUI/DWI.  

 

For the purposes of the N400 (if OP wishes to go that route later on down the road) it may come in handy then, but even still unlikely needed since it was a traffic violation with a fine less than $500.

[geowrian 22,337]

You won't be denied entry as an LPR, although nobody is guaranteed entry except a US citizen. You would either be admitted or paroled (with or without detainment while the case is referred to an immigration judge).

For your specific case, I wouldn't worry at all about it...it's not a CIMT or even serious.

 

3 hours ago, Cyberfx1024 said:

What are you talking about? This is not a DUI/DWI so he will be fine.

For entry, yes. But it's good to have in case they file for naturalization later...the IO could always ask for the court papers for even minor offenses or violations.

Edited June 13, 2018 by geowrian

[KCMO 84]

1 minute ago, Going through said:

For the purposes of admissibility to the US, the OP still won't need to present the certified disposition at the border since it's still a traffic violation that didn't involve a DUI/DWI.  

 

For the purposes of the N400 (if OP wishes to go that route later on down the road) it may come in handy then, but even still unlikely needed since it was a traffic violation with a fine less than $500.

Thanks. This makes so much sense :). I will still take the letters thatmy sttorney sent me and print out docket entry from county records that show the traffic ticket charge was amended. 

 

btw if you google amending traffic tickets there are many articles showing that attorneys try to get the drivers record free by amending traffic tickets to nonmoving violation. 

[Going through 5,671]

6 minutes ago, KCMO said:

Thanks. This makes so much sense :). I will still take the letters thatmy sttorney sent me and print out docket entry from county records that show the traffic ticket charge was amended.

Keep proof of payment for the traffic ticket---that's most what's on an IO's mind (when adjudicating the N400 regarding traffic citations if you ever file for citizenship).

Certified court documents are also a good thing to have (not just for an N400 but other things as well in your future), since the case actually wound up in court.

 

I understand your trepidation over this as I do have a criminal history with a more serious CIMT charge and sweated bullets whenever crossing the border before and when I was a LPR----really, you should be fine as it's a minor traffic violation.  

Edited June 13, 2018 by Going through

[KCMO 84]

4 minutes ago, Going through said:

Keep proof of payment for the traffic ticket---that's most what's on an IO's mind (when adjudicating the N400 regarding traffic citations if you ever file for citizenship).

Certified court documents are also a good thing to have (not just for an N400 but other things as well in your future), since the case actually wound up in court.

I have asked my husband to talk  my attorney about these. I hope i dont have to have these while getting back to the country. But yes , lets hope i receive them asap.

[Going through 5,671]

2 minutes ago, KCMO said:

I have asked my husband to talk  my attorney about these. I hope i dont have to have these while getting back to the country. But yes , lets hope i receive them asap.

If anything, you can get your full driving record from the DMV...it would show all violations and payments as received.

[Enigma11561 336]

5 hours ago, KCMO said:

Dont know what is your expertise or knowledge about the amended charges. but here is what i received from attorney today . he emailed me copies of e notification from the court and his own letter. In some time i will try to conceal peraonal details and upload the jpgs but for now here is some text from it.

 

(

The record of traffic disp issued :
The traffic Disp was sent electronically to DOR and/or MHSP for charge no 1 violation 302.020 -001 (and some numbers), -Failure to register Mt.Veh. The charge was diaposed as guilty plea.

And my attorney's letter says this : 
" Dear Client,

I filed a guilty plea on your behalf to failure to register a motor vehicle and paid your fines and costs. Enclosed is the documentation to verify that your charge was amended to Failure to register a motor vehicle. Your case is now concluded , file has been closed'. )

First, Even an individual can speak to the district attorney or prosecutor in the court room and ask for leniency and very typically if you have a clean record the charges are reduced. Very common. In my town they are reduced to a parking ticket. The town still gets their money and no record for the  driver. Secondly, as a ex-police officer, I have never, never, ever seen not having a registered car being a misdemeanor..It is just a ticket punishable by a fine and still no record for the owner. Most times if you get the car registered before the court date the ticket is just thrown out. And lastly, having read your info above, where does it even say "misdemeanor" ? Finally, as others have stated, you are good to go.( IMHO, I doubt that this ticket will ever appear in any kind of immigration database anyway)

[KCMO 84]

20 minutes ago, Enigma11561 said:

First, Even an individual can speak to the district attorney or prosecutor in the court room and ask for leniency and very typically if you have a clean record the charges are reduced. Very common. In my town they are reduced to a parking ticket. The town still gets their money and no record for the  driver. Secondly, as a ex-police officer, I have never, never, ever seen not having a registered car being a misdemeanor..It is just a ticket punishable by a fine and still no record for the owner. Most times if you get the car registered before the court date the ticket is just thrown out. And lastly, having read your info above, where does it even say "misdemeanor" ? Finally, as others have stated, you are good to go.( IMHO, I doubt that this ticket will ever appear in any kind of immigration database anyway)

Awesome. Thanks for that. I just saw some wording on county website and freaked out . i will share some screenshots  with personal details masked.

Edited June 14, 2018 by KCMO

[Diane and Chris 651]

7 hours ago, KCMO said:

I have asked my husband to talk  my attorney about these. I hope i dont have to have these while getting back to the country. But yes , lets hope i receive them asap.

IMO, this is a nonissue. You’re not going to be denied entry due to a traffic ticket - moving or non moving violation. RELAX.