I-485 Mistake - Help Please - Widow - Interview in a Month - How Do I Amend?

[Sky2021 0]

Help please! I am a Widow (from Canada) of a U.S. Citizen and I have been in the U.S for 6 years. My husband died of cancer over a year ago. 10 months ago I submitted my Self-Petition and I-485 as well as Employment Authorization request.  I have now received my Employment Authorization Card and an Interview has been scheduled for me online - I am just waiting to get the letter in the mail to find out the interview date.   I think I have a problem and I am sick about it. When filling out the I-485 my lawyer came to the questions about citations.  I told her that I had one in Canada 16 years ago.  She said not to worry about it if it was in Canada and I did not have a Criminal Record.  I am realizing now that the box or boxes were checked No and that I could have a problem.  In Canada 16 years ago I was served a Summons for not having a current license (expired) for my aromatherapy business and went to court.  The judge gave me a fine of $350.  I had no fingerprints taken and I do not have a criminal record.  I have been trying to get copies of my court file from Canada.  I requested 6 weeks ago and they said they were looking into it.  To-date, I have not heard anything.  I sent them a reminder email.  What would be the best course of action?  I am going through a lawyer at a charity and I can never get a hold of her.   I am sick to my stomach.  Any advice would be appreciated.  Thank you.

[powerpuff 6,748]

Moved from AOS from K1 to AOS From work, tourist & work visas - OP indicated that they came as a visitor and adjusted status 

Edited August 9, 2021 by powerpuff

[Timona 4,208]

A while back, I read that if the fine is less than $500, you do not need to worry about it. Maybe it was tickets, I am not sure. I will check later today and update.

[Sky2021 0]

Thank you Timona, I appreciate that.

[randy32 165]

43 minutes ago, Timona said:

A while back, I read that if the fine is less than $500, you do not need to worry about it. Maybe it was tickets, I am not sure. I will check later today and update.

I think the $500 or less is for when it relates to traffic offenses.

All other crimes (convicted or not, cleared from your record or not, charged or not, convicted or not) should be reported.

I can't recall where I read this but it stuck in my mind

 

This might help to explain, if you are in the clear or should try to update your record

https://www.uscis.gov/policy-manual/volume-12-part-f-chapter-2

Edited August 9, 2021 by randy32

[Sky2021 0]

Thank you very much Randy, I very much appreciate your response.

[randy32 165]

3 minutes ago, Sky2021 said:

Thank you very much Randy, I very much appreciate your response.

Number 6 foreign conviction. I am not sure if a fine for an expired license is considered criminal by US standard. I think that may be the line the lawyer was thinking of when he answered no.

Sorry but I can't give a clear answer.

[Sky2021 0]

Thanks Randy, I am looking at that page now.  

 

My concern is what I need to do at the interview?   When I attend the interview, I will just explain the mistake filling out the form, that my lawyer misunderstood.  I will tell the USCIS officer at the beginning of the interview.  I guess it would be good to type up a short statement with some details.  I have tried to get the file but it has been so long, I do not even have the file number.  

[Timona 4,208]

Driving with expired license, according to Google, is a misdemeanor. Since it was $350, I would not fret about it.

At the interview, answer what is asked. Do not offer additional information. That is my "always go- to rule." However, if asked anything , be truthful. 

"What is your name?" "My name is X." Not  "My name is X, but I go with Z because my friend calls me such and sometimes I go with Y blaa blaa blaa."

[edsperfect 25]

i don't an expired business license fine is going to hinder you

[beloved_dingo 1,986]

Out of curiosity (to anyone reading who may know), is an expired business license even considered criminal in the U.S. or in Canada? If it is a civil matter, would it even need to be disclosed at all?

 

I'm sorry I'm asking more questions than providing answers, but I feel like this needs to be clarified for more knowledgeable members to properly answer. 

 

[African Zealot 1,456]

13 minutes ago, beloved_dingo said:

Out of curiosity (to anyone reading who may know), is an expired business license even considered criminal in the U.S. or in Canada? If it is a civil matter, would it even need to be disclosed at all?

 

I'm sorry I'm asking more questions than providing answers, but I feel like this needs to be clarified for more knowledgeable members to properly answer. 

 

Whether it’s a crime in the USA or not is immaterial. If it’s a felony in the foreign country, the USA takes it as you have a criminal record and it must be disclosed. It’s as simple as that.

[Loren Y 2,756]

There is no need to panic. Before the interview begins, the officer 99 percent of the time asks if you have any changes you want to make now, or anything you want to add to the application. ( when my wife and I did our interview, I forgot to mention we tried for a tourist visa before we did the K1, and I forgot to mention it when it asked had you ever applied for a visa to the US question, the officer made a notation on the form, had me initial next to it, and that was it. Nothing ever came of it, and we were approved same day, card was being produced that afternoon). They should give you a chance to edit any information before the interview officially starts, if not, bring it up after they copy your ID, and take you to the office. Just mention you have something to add to the form, and I don't see an issue with it.