samills610

Hey guys

Short version of the story is that I got a traffic violation in NY at the weekend, whilst I was out cycling. I plan to fight it and believe there is a good chance that I could win in court, but need to understand if this could have any impact on my green card renewal or instead I should just plead guilty and pay the fine.

I entered the US a year ago on a CR1 and now have a GC valid for another year, therefore in about 6 months I will need to start planning it's renewal. I believe that when I plead not guilty, a court date could be up to or even longer than a year away, i.e. after the time I apply for my renewal. Does anybody know if a traffic violation would be looked at at all?

TYIA

Guindalf

As far as I remember, a renewal would not be affected by a traffic violation. I don't even think you are asked any questions like that for renewal.

However, all you are looking for is the removal of conditions and not a renewal as such. That will happen in eight more years, but of course, you can file for naturalization after two more years if you so desire.

samills610

Thanks, I assumed I probably had some of the terminology incorrect - though looking at my physical card it does say "Card Expires: 02/XX/2021",

Perfect thank you, that is what I was hoping for, and haven't been able to find anything online that looks at this. I assumed it wouldn't as it is a minor traffic violation, but wondered if the outstaning court date court cause any issues

tom169

The I-751 question reads "Have you ever been arrested, detained, charged, indicted, fined, or imprisoned for breaking or violating any law or ordinance (excluding traffic regulations), or committed any crime which you were not arrested in the United States or abroad?"

Take it at face value.

samills610

Great - thank you. Wasn't sure what forms would be required or what the process is for removal of conditions as I haven't really thought about it yet, so extra-thank you for pointing out the actual source of the above. Will take at face value and not worry about it.

Rete

A bicycle violation will not impede your removal of conditions. You are not renewing your green card btw. The I-751 cannot be filed until the 90 day window of the expiration date on the GC.

civilservant

You need to declare it. A citation is considered a charge/accusation and a conviction if paid, at least here in GA.

I had 2, and it didn't make a difference.

tom169

I get declaring on N-400, but the I-751 specifically excludes traffic. That is assuming the bicycle issue is traffic.

OP - have you spoken to a lawyer? Many states have ways of getting this stuff dismissed.

samills610

Yes it was a traffic regulation - Not so important for the original post but for anyone interested... I came to a full stop at a red light and waited ~30 seconds for the lights to change at an empty T junction (I was going straight on, with a turn to the left, and no pedestrians on the crossing). Started rolling just before the light went green (after watching for the opposite light go red), however I was a couple of metres behind the line so that I didn't actually cross over until it was green. Pulled over by an unmarked NYPD car who was sat there looking for ticketing opportunities (It was the day after the first cyclist death of the year in NYC - every death last year resulted in cops out looking for tickets the following day), however this officer never got out of their car, they sat inside for 20 seconds and awaited arrival of another squad car. That officer ticketed my friend and myself, and had no interest in listening to us or the fact that we had not broken any law. A straight $190 fine! (texting and driving in a huge deadly metal box and not looking at the road for example, is not even $140!)

Based on the fact that the ticketing officer, presumably, did not actually see us at the lights, I am very confident this will be thrown out by a judge, the only problem is the often one-year wait for a court date, which would be after I have to apply for removal of the CR1 conditions - hence my OP.

I haven't sought advice of a lawyer, neither in regards to the incident (as it's only a small-ish fine which legal costs would far outweigh) nor in regards to the visa question. As per the above, the wording, which should be taken at face value, does say not to include traffic regulations which this is.

Thanks to those who have added to this conversation!

tom169

I'd get a free consultation with a traffic attorney and see how quickly they can get it thrown out. It may be worth the money to not have this in the back of your head for next 12 months.

RICH

That's the first time i heard of traffic attorney. I don't doubt it's a a thing. .

tom169

samills610

As a bit of an update on this -

Looking in to the DMV system, and my ticket has not even been entered (20 days ago now), where as the person I was with at the time - their ticket was entered in to the system that same day and he made payment / plead guilty almost instantly.

I have tried using both my actual name and the misspelt name on the ticket, as well as my DMV ID number (despite only having a learner permit and not an actual license) and my address, and nothing - likely because I never presented with actual ID. I have left my details on the DMV website which says that just because a ticket has not been entered then I am not automatically off the hook, and that after 45 (I think) days I will then be emailed and will have the ability to make a payment, however it didn't mention what to do if after 45 days my ticket has still not been entered in to the system and I wish to plead not guilty.

Pulaski

Are you sure you're talking about a "ticket" (for a violation)? Or do you mean a police/ incident report?

A road traffic incident will typically lead to two different types of record - a police/ incident report (one report to cover both/ all parties involved), and if fault can be attributed there will be a ticket for the violation issued to the party that the officer determines was at fault. If the officer cannot determine who was at fault then the incident report will be issued without placing blame - a "no fault" incident report, and neither party will get a "ticket". There are some other possibilities, such as issuing tickets to both parties, if both were to blame.

notaclue

Interesting thread. Any successful traffic violation where you accept guilt in any form is considered an arrest, so it will absolutely show up on a local/regional background search.

However, if you were given a ticket under the municipal (city) code then it won't. Can you advise what violation was committed and whether you were cited under this or state code?

Either way, stick it on the form in case they see it. USCIS will ignore it unless it's a DUI or something bad.