arrest warrant Speeding Arrest Warrant Dismissed - Not disclosed on DS-260

[Sam Sa. 1]

Hello,

 

I am immigrating on IR1 visa and my interview is next month. I was an international student in the US and left to my home country after university. Prior to leaving I had 2 speeding tickets that I forgot to pay. After few years I came across them and called the courts to find out that I had 2 arrest warrants for not paying. I immediately stood before judges via Zoom, Judges dismissed both cases after paying the fines. Thus, both the arrest warrants dismissed.

 

My immigration attorney answered the following question with ’NO’ since I didn’t get arrested..

 

 

Again, I was NEVER ARRESTED, but was issued an arrest warrant after leaving the US. Cases and warrants were dismissed after paying the fines.

 

Should I have answered ‘Yes’?

 

Is this going to trigger an administrative processing?

 

I can’t change DS-260, Should I disclose it in advance prior to the interview or only if I was asked about it?

 

Many thanks.

Edited August 9, 2023 by Sam Sa.

[EA and MK 48]

3 hours ago, Sam Sa. said:

Hello,

 

I am immigrating on IR1 visa and my interview is next month. I was an international student in the US and left to my home country after university. Prior to leaving I had 2 speeding tickets that I forgot to pay. After few years I came across them and called the courts to find out that I had 2 arrest warrants for not paying. I immediately stood before judges via Zoom, Judges dismissed both cases after paying the fines. Thus, both the arrest warrants dismissed.

 

My immigration attorney answered the following question with ’NO’ since I didn’t get arrested..

 

 

Again, I was NEVER ARRESTED, but was issued an arrest warrant after leaving the US. Cases and warrants were dismissed after paying the fines.

 

Should I have answered ‘Yes’?

 

Is this going to trigger an administrative processing?

 

I can’t change DS-260, Should I disclose it in advance prior to the interview or only if I was asked about it?

 

Many thanks.

I would fire your attorney. The question isn't just asking if you were arrested. It is asking if you also had any convictions. You must answer yes. You were convicted of a crime. Speeding is a crime. It's typically a class C misdemeanor, which is a crime. And because you paid the ticket and didn't fight it, that results in a conviction. During the interview, you can discuss. But, in the DS-260, select yes, describe the charge such as "Speeding 55 in 45, Class C Misdemeanor, Charged on: Date, Convicted/Plead Guilty No Contest: Date".

Edited August 9, 2023 by EA and MK

[EA and MK 48]

3 hours ago, Sam Sa. said:

Hello,

 

I am immigrating on IR1 visa and my interview is next month. I was an international student in the US and left to my home country after university. Prior to leaving I had 2 speeding tickets that I forgot to pay. After few years I came across them and called the courts to find out that I had 2 arrest warrants for not paying. I immediately stood before judges via Zoom, Judges dismissed both cases after paying the fines. Thus, both the arrest warrants dismissed.

 

My immigration attorney answered the following question with ’NO’ since I didn’t get arrested..

 

 

Again, I was NEVER ARRESTED, but was issued an arrest warrant after leaving the US. Cases and warrants were dismissed after paying the fines.

 

Should I have answered ‘Yes’?

 

Is this going to trigger an administrative processing?

 

I can’t change DS-260, Should I disclose it in advance prior to the interview or only if I was asked about it?

 

Many thanks.

I would not let the interview start untill you first bring up this issue with the consular officer. I think you have to start that you will tell the truth and that the contents of the DS-260 are true. Before you sware, or even when you check in, I would consult with someone at the embassy. You may get away with it now, but when you want to naturalize you will be caught. And then, you'll be hit with misrepresentation and your LPR status would be in jeopardy.

[Chancy 6,241]

7 hours ago, Sam Sa. said:

I can’t change DS-260, Should I disclose it in advance prior to the interview or only if I was asked about it?

 

You can definitely update the DS-260 -- at the consulate, right before you face the interviewing officer.  In many consulates, prior to the interview with the CO, visa applicants present their documents to another consulate staffer and are given a chance to correct or update entries on their DS-260 form.  I suggest you do so.  Also, make sure to bring documentation from the US court that you paid the fines and the cases against you were dismissed.