i-821D Part 3 Question# 1 (Misd./Felony/Alcohol Related)

Anyone has an answer to this questions if received a ticket for 'Minor with Possession of Alcohol'?

My younger brothers records show it was dismissed and put on his record as an Infraction.

But due to the fact that it was "Alcohol Related" as stated on Part 3 Question 1 of the Form i-821D in italics, should he answer NO and Explain it further.
Or does it have to be YES even though it shows as an infraction and he was never convicted or charged (Went to court & paid $50 plus alcohol class as per the Judge)

He is in the process of finishing his application to send packet in.

Any advise/response would be greatly appreciated.

Make copy of the record and include it along with the forms. Use the space provided at the end to give an explanation about. There should be no problem in applying since its not a misdemeanor. Furthermore, he wasa minor at the time of the infraction. The only disqualifying misdemeanor involving alcohol is DUI.

Thanks for the response Ray. Makes sense. We thought answering YES would make matters look worse but it is only an infraction. However, it became very confusing since in italics they specify 'Do not include minor traffic violations that only resulted in a fine, unless it was alcohol or drug related'.