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chiru80

Fare evasion ticket at NYC path station. Do I need to mention in immigration forms?

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Hello, 
I got fare evasion ticket in 2010 at NYC path station. Finger prints were NOT taken. Cop gave the tickets on the spot. It was court summons. Penalty was $74. Paid in court. 
I am on H1b visa. Planning to visit India. I will need to go for visa stamping. There is one question in immigration form (DS 160) as below: 

"Have you ever been arrested or convicted for any offense or crime, even though subject of a pardon, amnesty, or other similar action?" 

Do I need to say YES for this question? After this incident, I got employment clearance few times. Incident happen 6 yrs ago.  

I went with a criminal lawyer to court. He confirmed me that I did not get any kind of criminal charges as outcome of this case. I was convicted of a violation -  Public Health Law section 229. As per him, this is minor violation. kind of traffic ticket. 

My main concern is, Do I need to specify YES in immigration forms? Please advice.

Thanks

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The question asks about "any offense", not just crimes. So, I think this has to be mentioned.

But in any case, check it with an immigration lawyer.

 

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Always best to disclose.

And why did you pay it off. You should have contested it. Check what the charge says - is it the same as shop lifting? Is it classified as a crime?

Is there a report? If yes, get the report, read what is in it. Have your version ready - i.e. admission of guilt which you already have by paying the fine.. but what you will say to the visa officer/immigration officer only IF questioned about - there could be a story .. you didn't know where the ticket counter was and you were looking for one.. or you forgot.. etc. that you know best.

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20 hours ago, pleaseforgive358 said:

Always best to disclose.

And why did you pay it off. You should have contested it. Check what the charge says - is it the same as shop lifting? Is it classified as a crime?

Is there a report? If yes, get the report, read what is in it. Have your version ready - i.e. admission of guilt which you already have by paying the fine.. but what you will say to the visa officer/immigration officer only IF questioned about - there could be a story .. you didn't know where the ticket counter was and you were looking for one.. or you forgot.. etc. that you know best.

Thanks for reply!! Agree. I should have contested it. but I was new in USA so I was not aware about consequences. Actually I had unlimited trip pass but by mistake I used it for stroller entry for both. I am sure that charges are not like shop lifting and it is not at all crime. My attorney confirmed that. What I was convicted was 'Public Health Law section 229'. As per my attorney, it is minor violation. similar to traffic ticket.

How to get report? Is there a way I can find out what type of check USCIS run on a candidate? How to know whether this will be flagged in their check? I am 99% sure that this would not come up in their check. I had multiple visa extension and employment clearance after this incident. I do not want to risk by saying YES in this question.

THanks!

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They have access to all databases, so they can find out about court summons.

Lying about it would be the worst thing you can do.

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3 hours ago, chiru80 said:

Thanks for reply!! Agree. I should have contested it. but I was new in USA so I was not aware about consequences. Actually I had unlimited trip pass but by mistake I used it for stroller entry for both. I am sure that charges are not like shop lifting and it is not at all crime. My attorney confirmed that. What I was convicted was 'Public Health Law section 229'. As per my attorney, it is minor violation. similar to traffic ticket.

How to get report? Is there a way I can find out what type of check USCIS run on a candidate? How to know whether this will be flagged in their check? I am 99% sure that this would not come up in their check. I had multiple visa extension and employment clearance after this incident. I do not want to risk by saying YES in this question.

THanks!

i don't think you need to disclose this in DS160.

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On 2/23/2017 at 2:34 PM, JoeF said:

They have access to all databases, so they can find out about court summons.

Lying about it would be the worst thing you can do.

I have no intentions to lie. But I am not sure if the language of this question cover my case. I am concerned that if I say YES, they may scrutinize my case unnecessarily. I am worried after looking recent behavior of DHS. It would be great if there is a way to check if my name would appear in their check.

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Best would be to call the court and ask them if the violation was a criminal or a civil offense and if they keep the record. USCIS does not care much about civil offences (including late fees, violation of leases, unpaid taxes, etc) or traffic infractions (at least until you apply for naturalization but that's not relevant here). If the court keeps the record ask them for the disposition or another document. 

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On 02/24/2017 at 2:58 PM, chiru80 said:

I have no intentions to lie. But I am not sure if the language of this question cover my case. I am concerned that if I say YES, they may scrutinize my case unnecessarily. I am worried after looking recent behavior of DHS. It would be great if there is a way to check if my name would appear in their check.

And if you say no, you risk much more, up to a ban. Is that worth the risk?

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10 hours ago, natan111 said:

Best would be to call the court and ask them if the violation was a criminal or a civil offense and if they keep the record. USCIS does not care much about civil offences (including late fees, violation of leases, unpaid taxes, etc) or traffic infractions (at least until you apply for naturalization but that's not relevant here). If the court keeps the record ask them for the disposition or another document. 

This was a violation of a law, so it wasn't a civil case.

The civil cases you mention are essentially contract issues.

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"Like California, New York law allows for fare evasion to be charged as either a civil offense or a crime."

The fact that you got a summons and paid the fine makes it a civil matter unlike the case where they arrest and prosecute you. Is it so difficult to speak in specific words to your lawyer and ask him whether your disposition was considered civil or criminal? It would seem he answered you appropriately and you are choosing to confuse your self by then approaching a forum of opinions.

 

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On 2/21/2017 at 11:37 PM, chiru80 said:

Hello, 
I got fare evasion ticket in 2010 at NYC path station. Finger prints were NOT taken. Cop gave the tickets on the spot. It was court summons. Penalty was $74. Paid in court. 
I am on H1b visa. Planning to visit India. I will need to go for visa stamping. There is one question in immigration form (DS 160) as below: 

"Have you ever been arrested or convicted for any offense or crime, even though subject of a pardon, amnesty, or other similar action?" 

Do I need to say YES for this question? After this incident, I got employment clearance few times. Incident happen 6 yrs ago.  

I went with a criminal lawyer to court. He confirmed me that I did not get any kind of criminal charges as outcome of this case. I was convicted of a violation -  Public Health Law section 229. As per him, this is minor violation. kind of traffic ticket. 

My main concern is, Do I need to specify YES in immigration forms? Please advice.

Thanks

Hi @chiru80, what was the outcome of your stamping? 

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Can anyone please help with my question. Need to know if anyone had a successful visa stamping after paying a fine for fare evasion in NJ.

The NJ charge is 32:1-146.8 on the Yellow Summons ticket. Court Appearance Mandatory. How do we know if this charge is civil ? This is the first instance of receiving any ticket/summons.

 

On 2/21/2017 at 11:37 PM, chiru80 said:

Hello, 
I got fare evasion ticket in 2010 at NYC path station. Finger prints were NOT taken. Cop gave the tickets on the spot. It was court summons. Penalty was $74. Paid in court. 
I am on H1b visa. Planning to visit India. I will need to go for visa stamping. There is one question in immigration form (DS 160) as below: 

"Have you ever been arrested or convicted for any offense or crime, even though subject of a pardon, amnesty, or other similar action?" 

Do I need to say YES for this question? After this incident, I got employment clearance few times. Incident happen 6 yrs ago.  

I went with a criminal lawyer to court. He confirmed me that I did not get any kind of criminal charges as outcome of this case. I was convicted of a violation -  Public Health Law section 229. As per him, this is minor violation. kind of traffic ticket. 

My main concern is, Do I need to specify YES in immigration forms? Please advice.

Thanks

Hi @chiru80, what was the outcome of your stamping? 

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