I-485 Crime questions

[Karolis 0]

Hello, I've been pulled over twice by the police and both of the incidents led to a written warnings.  One for a bad license plate light and another one for improper lane change. So for part 8 question 25 should I say yes I've been detained since I've been pulled over and then question 26 also say yes I've committed a crime since I've received two written warnings? Thank you.

[JeanneAdil 6,495]

no   that's a traffic violation not an arrest 

better warning than a ticket / they cost money and if serious (like dui ) can affect your insurance premium and license (just to let u know the system)

 

but a traffic violation is not an arrest and no time served so not what the question refers to

 

no crime / if it was i would be in trouble myself

[Chancy 6,241]

*** Moved from IR1/CR1 Process & Procedures to AOS from Work/Student/Tourist Visas forum ***

 

[Karolis 0]

9 minutes ago, JeanneAdil said:

no   that's a traffic violation not an arrest 

better warning than a ticket / they cost money and if serious (like dui ) can affect your insurance premium and license (just to let u know the system)

 

but a traffic violation is not an arrest and no time served so not what the question refers to

 

no crime / if it was i would be in trouble myself

Part of the questions asks if you've ever been detained, I think being pulled over counts as a detention?

[carmel34 3,624]

50 minutes ago, Karolis said:

I think being pulled over counts as a detention?

No that is not detention.  Detention would be spending time in a prison or holding facility like ICE.  Sitting in your car while waiting for a warning or ticket is not detention.

[JeanneAdil 6,495]

1 hour ago, Karolis said:

Part of the questions asks if you've ever been detained, I think being pulled over counts as a detention?

detained means jail

 

pulled over for speeding or traffic violation is "pulled over"

[beloved_dingo 1,976]

The I-485 instructions specifically address this:

 

"In general, you do not need to submit documentation relating to traffic fines and incidents that did not involve an actual physical arrest if the penalty was only a fine of less than $500 or points on your driver’s license. However, you must submit such documentation if the traffic incident resulted in criminal charges or involved alcohol, drugs, or injury to a person or property."

 

You weren't even ticketed. It does not apply. 

[JeanneAdil 6,495]

2 hours ago, beloved_dingo said:

The I-485 instructions specifically address this:

 

"In general, you do not need to submit documentation relating to traffic fines and incidents that did not involve an actual physical arrest if the penalty was only a fine of less than $500 or points on your driver’s license. However, you must submit such documentation if the traffic incident resulted in criminal charges or involved alcohol, drugs, or injury to a person or property."

 

You weren't even ticketed. It does not apply. 

good post