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Is this a crime?

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  • Is this a crime?

    I have filed for my Green Card(I-485) and had a DUI in the past which was not a conviction but was given supervision for. I checked No Convictions on the application which clearly states not to put any traffic offenses. Would that be okay or would I get in any trouble?

  • #2
    I have filed for my Green Card(I-485) and had a DUI in the past which was not a conviction but was given supervision for. I checked No Convictions on the application which clearly states not to put any traffic offenses. Would that be okay or would I get in any trouble?

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    • #3
      I think you'd be fine

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      • #4
        DUI is not a simple traffic or moving violation, but it's a criminal offense. The definition of what constitutes a conviction is different under state law and federal law (immigration in this case). It may well be not considered a conviction in the state committed, but it may be a conviction for immigration purposes.

        Two prongs:
        - plea of guilty or nole
        - if you plead "not guilty" but were found guilty by judge/jury and some kind of punishment was imposed (community services, "supervision", probation etc. included).

        Courts are imposing for "minor" or "first time offenses" some kind of "supervision" without having a defendant plea in court, I believe it's called a pre-trial diversification, in that case one would not be considered convicted. Check with an immigration attorney, since I believe that you qualify for naturalization, but answerering some of the complex questions on the N-400 application incorrectly may make you ineligable to establish "good moral character" for the time being. Good luck!

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        • #5
          Hanbal, it is very interesting what you wrote there. I have seen something similar in a web cite about convictions.
          So, if someone has a traffic ticket other than DUI, and had to pay fine "traffic ticket" is that counts in the eye of immigration as guilt? I hope it is not since most of us has fines. thanks all for participating.

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          • #6
            Most traffic tickets will not be "criminal" in nature, but they can be if factors such as recklessness or intentional endangering of others are involved.

            For instance, a simple speeding on the highway should be a traffic (moving) violations (under normal circumstances), but a moderate speeding in a school zone (during high traffic times in the morning or afternoon) could be a criminal matter... It all depends on the exact nature of the violation and other circumventing factors.

            To prove "good moral character" for naturalization purposes, an alien must prove that his or her moral standards are slightly higher of that of the average citizen. From my research, I'd say that a very minor and innocent human errors will be usually forgiven. Good luck!

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            • #7
              no problem

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              • #8
                Even though you are placed on supervision, you still have a conviction for immigration purposes. The good news is that the conviction you have, most likely will not make you inadmissible, that is to say you won't be denied the green card.

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