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  • Question to Senior members regarding violation of law

    Hi I have recieved pink summons for not swiping my montly pass at the tran station in NYC,

    it has unlimited rides in it, I am in rush didnt swiped at the entrance and I am not aware this will create this massive waves in my life.

    I have to go to court on given date, luck or bad luck when I called the clerk office they told me that they didnt registered the ticket because it was defective for some reason, and they told me I no need to come to court, I was never arrested or convicted in this scenario.

    1) I am not sure issuing pink summons consider under arrest?

    in Ds-160 form there is question have you arrested or convicted for any reason?

    is there a way to get record from police about this ? do they consider this as arrest or not?

    If I say yes and enter this incident, they will for sure issue 221g for searching for record, for sure in court its not there, In court the cop advised me not to mention any where because this exists no where. when i ask lawyers someone says yes it exists and someone says it never exists.

    Please advice.

  • #2
    No answers???

    No answer for me

    Comment


    • #3
      no arrest

      just getting a summons is not an arrest. you can say you have never been arrested if this is all you are considering.
      This is my opinion not legal advice.

      Comment


      • #4
        Pink Summons question

        Originally posted by samlynn View Post
        just getting a summons is not an arrest. you can say you have never been arrested if this is all you are considering.
        I contacted great immigration lawye and here is the orthodox answer which is neither yes nor no.

        This is a bit of a grey area in the law. A citation would not normally be considered an "arrest." So, arguable, there would be no need to disclose this information on the DS-160 where it asks whether the applicant has ever been arrested. But, it's certainly possible that some consular officers would disagree with this assessment.

        Either way, though, this would be considered a citation that must be disclosed on certain immigration documents, such as the I-485.


        ///

        Any one please throw some light...raynb o tx1b??or any1
        i-485 is sure we need to declare but not for ds-160 please confirm..

        Comment


        • #5
          Question to Senior members regarding violation of law

          Originally posted by mdummy View Post
          I contacted great immigration lawye and here is the orthodox answer which is neither yes nor no.

          This is a bit of a grey area in the law. A citation would not normally be considered an "arrest." So, arguable, there would be no need to disclose this information on the DS-160 where it asks whether the applicant has ever been arrested. But, it's certainly possible that some consular officers would disagree with this assessment.

          Either way, though, this would be considered a citation that must be disclosed on certain immigration documents, such as the I-485.


          ///

          Any one please throw some light...raynb o tx1b??or any1
          i-485 is sure we need to declare but not for ds-160 please confirm..

          Senior members do not necessarily know more than newer members, and Samlynn's post is correct. Even if it started out to be a summons in the first place, per the clerk's office, the ticket was never even registered or documented because of defective equipment they were using. Therefore, that makes all of this a non-issue. There is nothing to declare about this at all.

          Your welcome.

          This is my opinion and not legal advice. Use of this information is strictly at your own risk.

          Trinity71

          Comment

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