I want a highly experienced Immigration attorney to review and respond.
I was initially issued a citation on Apr 2012 for Speeding 20-141(j1) and Reckless driving 20-140(a) while traveling with family.The speed was 90/55.With the help of a traffic attorney I was able to reduce the 1st to 80/55.The 2nd charge was voluntarily dismissed by State. I paid fine of 35$ and court cost.No arrest involved.
I have received one 3 yrs extension and 1 h1-b job transfer since then.
I have the following questions:
1. DS-160 asks Are you arrested or convicted of any offense even though subject to pardon/amnesty or similar action?Question to ask here is do I mention the final charge or mention I had 2 charges one got reduced and other was dismissed?
2. Can consular officer look at the Officer's comment that there was a minor child in the car and conclude its a CIMT and do a denial of the visa?If yes how can that be appealed?
You will answer the question correctly as "Yes" and submit a certified copy of the disposition. But before you do that, you will take all the records to a qualified immigration attorney for further assessment and advise. Complex situations such as yours cannot be evaluated on a general information online forum.
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. You are encouraged to seek independent and private counseling for a complete review of your case.
You have to disclose outright. Provide final dispositions of the conviction.
The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.
None of these convictions look like an aggravated felony. However, all of them must be revealed on your visa application.
Mr. Shusterman's (former INS Trial Attorney, 1976-82) response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.
You must disclose the matters. They are not aggravated felonies. For a review as to CIMT best to take to an immigration attorney for a direct review. As to denial of the visa, the consular officer has broad discretion to approve or deny even if they are not CIMT's
Attorney Robert Brown's (former INS Director, 1972-99) reply to your question is general in nature, and does not constitute legal advice as all facts are known to him. For specific advice or representation you should retain an attorney experienced in immigration law. Mr. Brown's reply on AVVO does not create an attorney/client relationship not constitute legal advice.
Sounds like you were convicted of 80/55, which is a class 3 misdemeanor in North Carolina. Reckless driving is a class 2 (class 2 is more severe than class 3). It's not a felony, but you will need to disclose.
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