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AOS and criminal(traffic violation) record

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  • indian1978
    replied
    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(according to UK laws). Or do i need to declare it as 'yes' .

    If i answer it as 'NO' would it create a problem later on if FBI finds it out.I guess in USA, DUI is a criminal offense and not just a traffic offense. Does the FBI carry backgroud checks in the UK? Someone told me that my police record in UK is protected under the Data protection act and so FBI will not get any information about me.

    Leave a comment:


  • indian1978
    started a topic AOS and criminal(traffic violation) record

    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(according to UK laws). Or do i need to declare it as 'yes' .

    If i answer it as 'NO' would it create a problem later on if FBI finds it out.I guess in USA, DUI is a criminal offense and not just a traffic offense. Does the FBI carry backgroud checks in the UK? Someone told me that my police record in UK is protected under the Data protection act and so FBI will not get any information about me.
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