I-485 on ESTA with DUI

[luism 0]

Good afternoon,

I'm filling my AOS application and need some guidance with some of the questions on the I-485.

I entered the United States using the visa waiver program (ESTA), I'm filling all the paper work to adjust status now but have some questions that I couldn't really find the answer for.

Thank you in advance!

 

Part 1 

 

Q1: on 25a "Was inspected at a port of entry and admitted as (for example, exchange visitor; visitor, waived through; temporary worker; student):"

I answered "WT Visa Waiver Program Visitor" is this correct?

 

Q2: on 26.c "Status on Form I-94 (for example, class of admission, or paroled, if paroled)"

I answered "WT Visitor" (the textbox is smaller than the one for 25a).

 

Now the bad part, page 10 Criminal Acts and Violations:

In 2022 I was arrested, and 1.5 years later went to court for Drink driving (DUI), I plead guilty and was sentenced to pay 500 euro and got my license suspended for 2 years.

Therefore, for the following questions I answered yes:

 

Part 8

  

25 - Have you EVER been arrested, cited, charged, or detained for any reason by any law enforcement official - Yes

 

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

I answered yes, even though it's considered a driving offence in Ireland, and my criminal record is clean. It still counts as a crime, right?

 

27 - Have you EVER pled guilty to or been convicted of a crime or offence (even if the violation was subsequently expunged or sealed by a court, or if you were granted a pardon, amnesty, a rehabilitation decree, or other act of clemency)? - Yes

 

28 - Have you EVER been ordered punished by a judge or had conditions imposed on you that restrained your liberty (such as a prison sentence, suspended sentence, house arrest, parole, alternative sentencing, drug or alcohol treatment, rehabilitative programs or classes, probation, or community service)? - I answered Yes, because I got my license suspended, does it count as a liberty constraint? 

 

And any tips on how to explain it as requested "If you answer "Yes" to Item Numbers 25. - 45., use the space provided in Part 14. Additional Information to provide an explanation that includes why you were arrested, cited, detained, or charged; where you were arrested, cited, detained, or charged; when (date) the event occurred; and the outcome or disposition (for example, no charges filed, charges dismissed, jail, probation, community service)." would be highly appreciated also!

 

Thank you very much in advance.

 

[Lil bear 4,219]

39 minutes ago, luism said:

Good afternoon,

I'm filling my AOS application and need some guidance with some of the questions on the I-485.

I entered the United States using the visa waiver program (ESTA), I'm filling all the paper work to adjust status now but have some questions that I couldn't really find the answer for.

Thank you in advance!

 

Part 1 

 

Q1: on 25a "Was inspected at a port of entry and admitted as (for example, exchange visitor; visitor, waived through; temporary worker; student):"

I answered "WT Visa Waiver Program Visitor" is this correct?

 

Q2: on 26.c "Status on Form I-94 (for example, class of admission, or paroled, if paroled)"

I answered "WT Visitor" (the textbox is smaller than the one for 25a).

 

Now the bad part, page 10 Criminal Acts and Violations:

In 2022 I was arrested, and 1.5 years later went to court for Drink driving (DUI), I plead guilty and was sentenced to pay 500 euro and got my license suspended for 2 years.

Therefore, for the following questions I answered yes:

 

Part 8

  

25 - Have you EVER been arrested, cited, charged, or detained for any reason by any law enforcement official - Yes

 

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

I answered yes, even though it's considered a driving offence in Ireland, and my criminal record is clean. It still counts as a crime, right?

 

27 - Have you EVER pled guilty to or been convicted of a crime or offence (even if the violation was subsequently expunged or sealed by a court, or if you were granted a pardon, amnesty, a rehabilitation decree, or other act of clemency)? - Yes

 

28 - Have you EVER been ordered punished by a judge or had conditions imposed on you that restrained your liberty (such as a prison sentence, suspended sentence, house arrest, parole, alternative sentencing, drug or alcohol treatment, rehabilitative programs or classes, probation, or community service)? - I answered Yes, because I got my license suspended, does it count as a liberty constraint? 

 

And any tips on how to explain it as requested "If you answer "Yes" to Item Numbers 25. - 45., use the space provided in Part 14. Additional Information to provide an explanation that includes why you were arrested, cited, detained, or charged; where you were arrested, cited, detained, or charged; when (date) the event occurred; and the outcome or disposition (for example, no charges filed, charges dismissed, jail, probation, community service)." would be highly appreciated also!

 

Thank you very much in advance.

 

You simply state the event as it occurred and the outcome. You should get all official documents relating to the offence,  charge, court proceedings and results , and attach them to the application 

Edited January 27 by Lil bear

[luism 0]

23 hours ago, Lil bear said:

You simply state the event as it occurred and the outcome. You should get all official documents relating to the offence,  charge, court proceedings and results , and attach them to the application 

Thank you, that's what I'll do.

Any idea in regards to the other questions?

[appleblossom 2,559]

Just checking, but you declared this on your ESTA application? 
 

How are you adjusting status, spouse sponsorship? 

[powerpuff 6,708]

*** Topic moved from Progress Reports to Process & Procedures ***
 

 

[luism 0]

For anyone reading this, I already submitted my case, whenever I have updates I will comment here with the outcome and what I did.

My case is AOS, spouse sponsor, came to the USA on an ESTA.