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  • AOS and criminal(traffic violation) record

    Background:

    I have been in the UK since 2001 on work permit. I am in USA these days on visitor VISA . I will get married to a US Citizen soon. I will be filing the paperwork for adjustment of status and to get green card(I-485, I-130, etc etc) .

    Issue:
    In UK, i was arrested for drink driving offence. I was banned for 1 year from driving and paid 250 pounds fine under British Road Traffics Act1978.

    Questions:

    There is one questions in form I-485 that is bothering me.
    1)have u ever in or outside US been arrested, cited, charged, indicted, fined or imprisoned for breaking or violating any law or ordinance, excluding traffic violations?

    Shall i answer this question as 'NO'. I think its 'No' because i think i was arrested for traffic violation. Or do i need to declare it as 'yes' .

    Does the FBI carry backgroud checks in the UK?

  • #2
    > 1)have u ever in or outside US been arrested, cited, charged, indicted, fined or imprisoned for breaking or violating any law or ordinance, excluding traffic violations?

    > Shall i answer this question as 'NO'. I think its 'No' because i think i was arrested for traffic violation. Or do i need to declare it as 'yes' .

    Umm, you have to answer "yes". This is exactly why they are removing the "excluding traffic violations" from other forms (and I expect it to be removed from the I-485 as well in the next iteration.)
    DUI is not a simple traffic violation like speeding.
    Depending on the maximum penalty for this stuff, you could be prevented from getting a GC. You should consult with an immigration lawyer.

    > Does the FBI carry backgroud checks in the UK?

    No, but you have to provide a police report from all countries you lived in for a certain amount of time. Such a report from the UK would list the DUI.

    Comment


    • #3
      Thanks for the reply.

      I will be applying for AOS in the US, for which i dont have to bring any police certificates from UK. I think that you require to show police report only for consular processing(if i am processing my green card application at any US embassy in UK).

      So if that is the case, do you think i should answer that question as 'NO' (The FBI is not going to contact the UK police for my background check..right?).

      And even if they do, i can say that i thought that it was a traffic violation

      Comment


      • #4
        Re: AOS and criminal(traffic violation) record

        > I will be applying for AOS in the US, for which i dont have to bring any police certificates from UK. I think that you require to show police report only for consular processing

        Yeah, I overlooked that. Police certs are needed for CP.

        > So if that is the case, do you think i should answer that question as 'NO'

        NO! Never lie to them! That would cause lots of problems later on!
        From the instructions: "If you knowingly and willfully falsify or conceal a material fact or submit a false document with this request, we will deny the benefit you are filing for and may deny any other immigration benefit. In addition, you will face severe penalties provided by law and may be subject to criminal
        prosecution."

        Comment


        • #5
          Thanks very much.

          How can it cause problems later on? I guess FBI would never come to know that i was arrested in UK because they do not do any background check there.

          I know i am being silly , but I dont want to answer it as yes as i guess it would cause some trouble in my family if they come to know that i was arrested.

          Comment


          • #6
            Re: AOS and criminal(traffic violation) record

            There are lots of ways they can find out.
            The most usual one is when they investigate something else.To give you an example: after 9/11, lots of people where arrested on suspicion of supporting the terrorists. For most people, they didn't find anything. Some people, though, didn't send in AR-11s to register their address changes. That small thing was used to justify deportation.
            Another example is some complaint by an ex-coworker or an ex-spouse...

            Lying to them (they call it "not disclosing a material fact") makes you deportable. If they ever find out, even decades later, you will be deported.

            Comment


            • #7
              Thank a lot again.

              I am going to mention the conviction in the application. I am in the process of getting the court record and the police certificate.

              By the way, is DUI considered a crime of moral torpitude in USA. If so, what are the chances of my application getting rejected. Do i need to worry about it?

              In UK, the maximum punishment is 5000 pounds and 6 months imprisonment. Would the BCIS consider that DUI is not a serious offense in this country? Would it help if i can get the british law statute.

              Comment

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