Driving offense
 

Hi,

Just reading through some of the forums and needed help clearing up something if possible, and wondering if I could have some opinions from you good people.

I have been looking into this CIMT business, and I am a little concerned that it may get in the way of my visa.

Just a little background - My father a US Citizen, filed for me under FB3 category, I am now under FB1 as I am divorced, but will go back under FB3 again next year as I am getting married again!!

Now for my concern - Around 2 years ago, I was convicted of 2 driving offences. My licence had been revoked a couple of years before this as I got 6 points in my first 2 years after passing my test, therefore they take your licence and you need to take your test again, this was not a ban. Anyway, long story short, my partner was driving and very suddenly turned ill and could no longer drive, we were only a couple of miles from home so I said I will drive home. Sods law, this is when I got pulled.

The offences I received were, driving otherwise in accordance with the licence, and driving a vehicle whilst uninsured. I had not been drinking so no DUI. I received 6 points and a small fine, no sentence.

First of all, should my petition be approved, and in 3 or 4 years when my PD becomes current, does this need to be disclosed?? I have always thought that driving convictions do not form part of a criminal record and it is only criminal convictions that need to be disclosed.... I am probably completely wrong there!!

And if so, do you think this is going to stop me from being able to move to the US?? Does this come fall under a CIMT??

Anyway, I know it is a long way off yet but I like to know where I am with these things. Any advice or knowledge would be very appreciated.

Thanks

Ian

Re: Driving offense
 

It's always better to disclose than try to cover up.


Traffic violations such as you describe are known as "moving violations" are are not part of the criminal code.


I don't think it does, no.

Ian

Re: Driving offense
 

Hi Ian,

Thanks for your reply. I do hope I am worrying about nothing here!! Maybe I will get court records when it comes closer to the time. Still a long way to go yet!!

Thanks again.

Re: Driving offense
 

Hi:

Out of curiosity, how do you project currency of PD within 3-4 years? There are really no reliable crystal balls on future PD movement. Do note that a common fallacy for people to fall victim to is conflate a PD four years before the current availability date as meaning you will reach your eligibility in four years. You have a time stamped ticket, so to speak and you know what time stamps in front of your are currently getting in. You even know how many tickets are used every year. What you do NOT know is the number of people in front of you.

To your actual question -- under certain circumstances, driving without a license and without insurance CAN be considered a crime involving moral turpitude. I am NOT saying this is so in your particular case -- but your question is a good one and bears further inquiry.

Also, in looking at the "petty offense" exception, that applies to only one crime -- you were convicted of two. Also, the "common scheme" limitation is not relevant in grounds of inadmissibility [it is relevant for the ground of deportation when you have two minor CIMT's in the same case].

You may just be fine, but without further inquiry, I would not put money down on it.

Re: Driving offense
 

Hi,

Thanks for your advice and comments. I know what you mean about the PD date. I guess i just plucked that number from the air!! I know they can move forward, stay still or even go backwards!!

As for the driving offences, I hear what your saying. I guess a lot of it will just depend on which Officer you get on the day. You mentioned further inquiry.... Do you know where I could go for this??

I have done a fair amount of investigation today, but could not find anyhting particular to my situation, however, seeing that a DUI is not a CIMT gives me a little hope as I can't see that my convictions would be seen as bad as that. But then again, I am no expert so I may be wrong!!

Anyway, I have a long time to wait yet!!

Thanks again for your help.