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Hi, I worked and lived in VA, USA between May 2007 and October 2008 and had to appear in a court in January 2008 due to "reckless driving", which was then reduced to a regular speeding ticket and I had to pay a fine of around $190 and a court fee of around $50. The lawyer I hired by then in Alexandria, VA had contacted the prosecutor on the day of the court and my speed was reduced to 19 mph over the posted speed limit instead of 25 mph. (I was actually driving 80 mph in a 55 mph zone) I remember having paid the fine on the day of court, but do not have the written court record, neither have I the receipt of the payment. I answered following question in DS230 form with a NO. Is this going to cause me a problem? : "41. Have you ever been charged, arrested or convicted of any offense or crime? (If answer is Yes, please explain)" Thanks a lot
2 ANSWERS
Immigration and Nationality Law Attorney serving New York, NY
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Alan Lee & Arthur Lee, Attorneys at Law
3 Awards
As you are applying for permanent residence and contemplate an interview at an American consulate or embassy, question 41 on DS – 230 should not cause you a problem since your reckless driving would not be considered a crime involving moral turpitude. You should of course give the original or certified copy of the court disposition and, if possible, obtain a copy of the arrest record. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on May 18th, 2013 at 10:40 AM
2 Awards
Since you were charged and you paid a fine, you are considered convicted of a traffic violation. You will have to answer "yes" to the question and then explain your situatuion just like you did here. It should not present a problem, but answering "no" will create a problem for you. You will need copies of the disposition from the court to bring with you to the interview.
Answered on May 16th, 2013 at 3:52 PM