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DAP Forums > DREAM Act > The Lounge

Question about Misdemeanor

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#1
10-26-2012, 02:07 AM
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skyisthelimit
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Need help on a friend's application on the questions that says "Have you ever been arrested for, charged with, or convicted of a felony or misdemeanor in the United States? Do not include minor traffic violations that only resulted in a fine, unless it was alcohol- or drug-related"

He was arrested for a Illinois license that has a suspension in New York, and was charged for one misdemeanor and one infraction, fingerprinted, and locked up for one night while case was pending, but at the end only pleaded guilty to the infraction charged and paid a fine. Lawyer says he can answer yes or no, if answer NO then USCIS might ask for more evidence if they find anything, if YES, then send the court disposition. Please help on how he should answer.

The charges are :
1. VTL511.1A, Unclassified Misdemeanor, 1 count, Not an arrest charge, Arraignment charge
2. VTL 509.1, Infraction, 1 count, Not an arrest charge, Arraignment charge

VTL 511.1a Aggravated unlicensed operation in the 3rd degree.
If you are caught driving with one or two suspensions on your driving record, you will usually be charged with driving with a suspended license in violation of section 511.1a of the New York State Vehicle and Traffic Law. This is also called aggravated unlicensed operation of a motor vehicle in the 3rd degree. VTL 511.1a is a misdemeanor. A conviction to VTL 511.1a will result in a criminal record unless you were under 19 years old when you received the ticket and are granted youthful offender status.

VTL 509.1 - operating a motor vehicle without a license as if you forgot your license at home and drove a motor vehicle
509.1 - operating a motor-vehicle without a license. Someone is charged with this when the person does not have a license with them and are operating a motor-vehicle or if they do not have a license at all and have no prior tickets for operating a motor vehicle without a license.

http://www.centralisliplawyer.com/dr...ed-license.php
Last edited by skyisthelimit; 10-26-2012 at 02:11 AM..
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#2
10-26-2012, 02:14 AM
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Well... it's a traffic violation.. but he did spend time in jail. I'm leaning on yes. Although I don't see why saying yes would disqualify him, just provide the information regarding the case.
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| Applied with: Lawyer in CA | EWI | Packet sent: 10/11/2012 to Phoenix, AZ Lockbox | Delivered: 10/12/2012 | Signed off by: E. Arndt | G1145 Notification: 10/17/2012 routed to California| I-797C: 10/20/2012 | Biometrics: R'cvd 10/19/2012 for 11/05/2012 | Walk-In: 10/22/2012 | Approved: 5/3/2013 | EAD Sent: 5/7/2013 | EAD Rcv'd: 5/10/13 | SSN card: Issued 1990 |CA DL: Issued 2005
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#3
10-26-2012, 02:30 AM
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yea, but it also says "Do not include minor traffic violations that only resulted in a fine, unless it was alcohol- or drug-related"
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#4
10-26-2012, 02:32 AM
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"Do not include minor traffic violations that only resulted in a fine, unless it was alcohol- or drug-related"

In this case, this traffic violoation resulted in a fine and some jail time.



Disclaimer: I only provide opinions. Not legal advice.

I'd seek advice from another lawyer or two.
__________________
| Applied with: Lawyer in CA | EWI | Packet sent: 10/11/2012 to Phoenix, AZ Lockbox | Delivered: 10/12/2012 | Signed off by: E. Arndt | G1145 Notification: 10/17/2012 routed to California| I-797C: 10/20/2012 | Biometrics: R'cvd 10/19/2012 for 11/05/2012 | Walk-In: 10/22/2012 | Approved: 5/3/2013 | EAD Sent: 5/7/2013 | EAD Rcv'd: 5/10/13 | SSN card: Issued 1990 |CA DL: Issued 2005
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#5
10-26-2012, 01:33 PM
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Anyone else who has an opinion on this? Thanks!
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#6
10-26-2012, 01:38 PM
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It says only resulted in a fine, which is true because he didn't spend jail time after the conviction.
The jail time was before the conviction, which he was waiting for the case to be bought before the judge.
Am I interpretate it incorrectly?

Quote:
Originally Posted by Skycap View Post
"Do not include minor traffic violations that only resulted in a fine, unless it was alcohol- or drug-related"

In this case, this traffic violoation resulted in a fine and some jail time.



Disclaimer: I only provide opinions. Not legal advice.

I'd seek advice from another lawyer or two.
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#7
10-26-2012, 01:38 PM
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Quote:
Originally Posted by skyisthelimit View Post
Need help on a friend's application on the questions that says "Have you ever been arrested for, charged with, or convicted of a felony or misdemeanor in the United States? Do not include minor traffic violations that only resulted in a fine, unless it was alcohol- or drug-related"

He was arrested for a Illinois license that has a suspension in New York, and was charged for one misdemeanor and one infraction, fingerprinted, and locked up for one night while case was pending, but at the end only pleaded guilty to the infraction charged and paid a fine. Lawyer says he can answer yes or no, if answer NO then USCIS might ask for more evidence if they find anything, if YES, then send the court disposition. Please help on how he should answer.

The charges are :
1. VTL511.1A, Unclassified Misdemeanor, 1 count, Not an arrest charge, Arraignment charge
2. VTL 509.1, Infraction, 1 count, Not an arrest charge, Arraignment charge

VTL 511.1a Aggravated unlicensed operation in the 3rd degree.
If you are caught driving with one or two suspensions on your driving record, you will usually be charged with driving with a suspended license in violation of section 511.1a of the New York State Vehicle and Traffic Law. This is also called aggravated unlicensed operation of a motor vehicle in the 3rd degree. VTL 511.1a is a misdemeanor. A conviction to VTL 511.1a will result in a criminal record unless you were under 19 years old when you received the ticket and are granted youthful offender status.

VTL 509.1 - operating a motor vehicle without a license as if you forgot your license at home and drove a motor vehicle
509.1 - operating a motor-vehicle without a license. Someone is charged with this when the person does not have a license with them and are operating a motor-vehicle or if they do not have a license at all and have no prior tickets for operating a motor vehicle without a license.

http://www.centralisliplawyer.com/dr...ed-license.php
I would say check yes just to be safe. And provide paperwork with disposition. Its an extra step that might save him time later.
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#8
10-26-2012, 01:41 PM
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Just tell him to put YES and provide the paperwork. It's better to provide it than to risk them finding out and sending him an RFE and just wasting time.
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#9
10-26-2012, 02:07 PM
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What's an RFE?

Quote:
Originally Posted by JJ Glo View Post
Just tell him to put YES and provide the paperwork. It's better to provide it than to risk them finding out and sending him an RFE and just wasting time.
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#10
10-26-2012, 02:19 PM
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Quote:
Originally Posted by skyisthelimit View Post
What's an RFE?
Request for evidence. If they find out, they will request the paperwork.
__________________
Self filed AOS │Apps Received By USCIS - 3/18/19 │Biometrics Done - 4/11/19
Interview Scheduled - 4/24/19│Interview Date - 5/31/19│AOS Approval - 5/31/19
Permanent Resident Card Received - 6/8/19
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