I am a 22 year old UK citizen who came to the U.S. in 2004 on an H1-B visa based on my Father's work in the United States. I adjusted to a F-1 Student visa in December 2012 for college and am now on Post-Completion OPT in NYC expiring in July 2016. I married my girlfriend of 5 years in January 2016 and am now applying for a green card.
However, in April 2013, I was cited for "Possession of Open Containers of Alcoholic Beverages" (1 18 § 6308 §§ A). This occurred in State College, Pennsylvania. Under the Statutes of Pennsylvania Title 18 Crimes and Offenses Section 6308 (a), the crime is considered a "Summary Offense." As a result, I paid all related fines and completed a "Youthful Offenders Program." Upon completion, I received a docket sheet from the Magisterial Judge stating "Disposition: Dismissed - YOP/YES." NOTE: I have no prior citations in any states.
I retained a copy of my criminal record in the state of Pennsylvania from epatch.com which states I do not have any criminal record. The school also has said the offense was minor so was placed as a warning on my school record and if asked they would say they "have nothing to report."
Simply disclose it and bring a certified copy from the courthouse to your I-485 interview. This is really "nothing" and will never preclude you from obtaining your green card status.
If my answer is the "BEST ANSWER" and/or "HELPFUL" please mark it accordingly. Fluent in 7 languages. Certified Specialist in U.S. Immigration & Nationality Law, The State Bar of California, Board Of Legal Specialization. 23 years of successful immigration law experience. 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.
Were you arrested? It does not sound like your citation was a traffic citation so it is better to disclose and provide a certified court disposition to the interviewing officer. I hope you realize that this is very important and you need to be truthful (otherwise USCIS may allege you misrepresented info on an I-485).
This answer is for informational purposes only and should not be construed as legal advice.
You need to answer truthfully and provide a certified disposition. I would talk to a qualified immigration attorney prior to filing the application to avoid delays and other challenges. It is worth the time and expenses.
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