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Tickets affect Petition I-130, I-485?

Mount Vernon, WA |

I want to apply for GC for my husband. I am a US Citizen. He has no criminal charges but he does have tickets. He was in jail for some hours in 2011 for driving without a license in the 3rd degree but was not given a criminal charge only a fee that he needed to pay the court. Would this make the application process harder. Do I need to put this on his application?

I have the paper where he was out on Bond and the court paper dictating how much he needed to pay. Can I submit that to immigration?

Attorney Answers 5


  1. Yes you will mention this citation/ arrest on the I-485 application. What consequences it has depends on when he entered the U.S. and the exact language of the statute under which he was convicted.

    This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. If you would like additional information based on this response, please contact my office at 510 657 7665 or 415 902 0832 to schedule a consultation.


  2. Yes, you'll need to mention that on the application, but rest assured that this will not make his application any harder.

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.


  3. You must obtain the certified court disposition and have a knowledgable lawyer review it

    This reply is intended only as general information and does not constitute legal advice in any particular case. This reply does not create an attorney/client relationship.


  4. "He was in jail for some hours in 2011 for driving without a license in the 3rd degree" likely means he was charged with a criminal law violation. Perhaps the initial charge was later reduced to a traffic ticket. In WA, persons who get traffic tickets are generally not put in jail.

    You need to obtain the court file for the case and figure out what actually happened.


  5. Yes mention any and all arrests on the I-485 Adjustment of Status regardless of their nature, traffic or criminal, and get certified court disposition, police arrest reports, and discharge from probation order if applicable.

    Garmo Law Group, PLLC (Michigan) 248-626-0050. This advice is only general in nature and does not constitute an attorney/client relationship. Speak to an experienced attorney before making decisions.

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