Criminal Law Misdemeanor?? and green card application

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Plzadvice

Plzadvice

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Hello Experts,

I am married to a US citizen and we have been married for a month now(Nov'07). I am on a H1-B and She is going to petition for a green card for me. I have been here from Aug'99 and we were dating for 6 years.

Back in 2002, I got a speeding ticket in California. I did not pay the fine on time and my license was suspended for 2 months from June 2002 to Aug 2002. I got a collection notice and then I paid the increased fine right away. Since the license was suspended for 2 months, would it amount to a criminal statute or felony or a misdemeanor in California or elsewhere?

Would this affect my chances when I apply for a GC application. I have an attorney and she insists on getting a "criminal record report" from California as she is unaware of California laws to avoid nasty surprises later on. I am in MN! Since I have lived in 5 or 6 different states should I getting police records from each of the state prior to applying?

Also should I be answering YES if I am asked in any of the forms "if i have been convicted, plead guilty......."(don't have the form in front of me..it is even in ds-156).

Summary: Speeding ticket..going 90 in 70mph
Not Arrested, Not fingerprinted
License Suspended for non-payment of fine on time
License Reinstated in 2mos upon payment.
Been here for 8 years now.

Thank you for your help and time! Sorry for being long winded.:)
 
A spending ticket is a minor traffic infraction. It would not affect your application for a GC even if your license was suspended. Just admit to whatever the class of offense it falls under CA law. But know you are fine...........traffic infractions except DUIs under certain circumstances don't affect your immigration petition. Answer yes to whatever your infraction fall under. Once they see it is just a traffic issue, they would not care. You don't have to do background checks for them...........They would use the FBI and other data bases to check your criminal history...........You are fine. Traffic offenses would cause zero problems. You can send a private message to CdwJava on this site to let you know what class of offense yours falls under. He is experienced on Californian law.
 
Thanks Mafioso. I left CDWJava a Private message on your recommendation. Thanks once again for your prompt reply!
 
Yes it can if it does not fall under the petit crime exception. It could make you ineligibly to apply for citizenship or even lead to cancelation of GC and deportation. But traffic violations don't count only mainly CIMTs.
 
since it is so hard to define CIMT, would someone actually put up a court to fight his crime was CIMT or not? would that work?
 
Yes it is common with people fighting deportation after being accused of CIMT. So the Immigration board of appeals reviews these and sometimes spills into federal courts and even the US Supreme Court.
 
would INS sometime miss some aliens for deportation? (probably I assume...) and after they go out for a trip then cannot get back in? what can they do???
 
If you are on deportation and you leave the US or are deported, you can't come back without a waiver unless the period of inadmissibility has been met.
 
sometimes i heard applying a GC or citizenship would alarm the INS that someone should have been deported. Is that right?
so if one was not sure about a criminal case should be a aggravated felony, then one should not apply for anything, right?

if one cannot got back in but he/she believes he should not be inadmissible, can he/she do anything outside of the US?
 
Sometimes I heard applying a GC or citizenship would alarm the INS that someone should have been deported. Is that right?
Yes
so if one was not sure about a criminal case should be an aggravated felony, then one should not apply for anything, right?
First know that not only felonies lead to deportations. Any crime which does not meet exceptions of immigration law such as petty crime exception. So if you don't apply for anything, you might get away for a while but for how long can you do that? Most try to get a waiver or save money to leave before being caught and deported.

if one cannot got back in but he/she believes he should not be inadmissible, can he/she do anything outside of the US?
Yes, there are procedures for waivers or exceptions which are filed via embassies to the state department.
 
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