Criminal Case Dismissed - question / i-485

[Toby_HB 39]

Hello all, 

 

I need a little help please. While on my F-1 status I got caught with driving on a suspended license, long story short, I got a texting ticket when I first arrived in the US, I assumed it was a warning, didn't pay it cause I thought it was a warning. Got a Failure to Appear and then my CDN license driving privilege was revoked without my knowledge. Then i got pulled over a year later and was issued a "driving on a suspended license" - which is an automatic misdemeanor in California. I went to my court dates, and the case was dismissed before it went to trial, it was criminal court not traffic court. Everything was dismissed and no fines or anything had to be paid. I've gone back and forth to Canada while on OPT since the case was dismissed and never questioned or stopped because of it, and I was never arrested or have been. 

 

What should I put as answers for the below and should I attach my cased was dismissed court papers at the end of my i-485?

 

25. Have you EVER been arrested, cited, charged, or detained for any reason by any law enforcement official (including but not limited to any U.S. immigration official or any official of the U.S. armed forces or U.S. Coast Guard)?

 

26 . Have you EVER committed a crime of any kind (even if you were not arrested, cited, charged with, or tried for that

crime)?

 

 

Thanks!

[SusnOwen 162]

For 25 I would put yes, then in 26 explain exactly what happened in full detail.  You could include a copy of the case as proof.  Be honest, you were cited and charged if you went to court.

[IJJ 18]

Can you ask your lawyer about it? The way I interpret it - if it is dismissed, it is not a crime. The best bet is to talk to you lawyer. It can be quite tricky the uscis officer may interpret your case. Ask and be sure of your right before you fill that in. I remember our lawyer told us before, anything $500 fine and below with no sentence is not a big deal. I had a traffic ticket and my husband has 2 or 3 (one went to court) tickets. We did not have any issue or RFE due to that. 

[IJJ 18]

6 hours ago, SusnOwen said:

For 25 I would put yes, then in 26 explain exactly what happened in full detail.  You could include a copy of the case as proof.  Be honest, you were cited and charged if you went to court.

Agree with that. We did yes for 25 and wrote all our tickets and court documents on that. The one that went to court was also a traffic violation that also ending up in an accident. Husband was judged and fined.

[Toby_HB 39]

1 minute ago, IJJ said:

Can you ask your lawyer about it? The way I interpret it - if it is dismissed, it is not a crime. The best bet is to talk to you lawyer. It can be quite tricky the uscis officer may interpret your case. Ask and be sure of your right before you fill that in. I remember our lawyer told us before, anything $500 fine and below with no sentence is not a big deal. I had a traffic ticket and my husband has 2 or 3 (one went to court) tickets. We did not have any issue or RFE due to that. 

 

I'm doing with without a lawyer but I can try and reach out to one.. I've read that $500 thing as well. Hmmm. 

 

 

[SusnOwen 162]

Your best option is to be transparent and disclose it  - better to explain what happened then risk being caught in a lie -