California 12500(a) VC and DS-160

[ronaldo21]

Hi,

I was given a ticket for driving with other state license (valid) in CA. It's CVC 12500(a) and it's a traffic misdemeanor in CA. I was never booked/jailed and fingerprinted. The officer asked me to get off the car which I did and they impounded my car. I got my car next day showing my CA driver license.

When I received my court notice I saw it was filed as traffic infraction at the traffic court,not at the criminal court (Though CVC lists 12500(a) as a misdemeanor it's filed as traffic infraction most of the times unless you're a second time offender). I was asked to appear at the traffic court. I went to the traffic court on the day, showed my valid CA driver license and plead guilty. I was asked to pay the fine for traffic infraction and I did. And, the clerk at the court told me it was filed only as traffic infraction and it's closed after me paying the fine.

Now I have a question. I'm on H-1B. I'm planning to go for visa stamping in the next few months. Do I need to disclose this incident in my DS-160?

Attorneys and experts, please help me.

[Attorney_23]

Yes.

[ronaldo21]

@Attorney21:

Thanks for your reply. Do you mean to say I need to report all the traffic infractions in DS 160? The reason why I ask is, the local lawyer who's familiar with the court says my charge is only a traffic infraction irrespective of what officer wrote on my citation. Does immigration takes information from citation book rather than court systems? Do I need to check with the court for further documentation?

If I have to report, what documents I need to carry for visa stamping? It says misdemeanor only in citation not in the court notice. How do I explain them?

[Attorney_23]

If it was an infraction, not a misdemeanor, it may not be necessary. But, if it was a misdemeanor, you would definitely need to disclose this information. If you have any doubt, a foreign national would generally not be made inadmissible for a simple moving violation, so disclosing the information on the DS160 would generally not cause a major issue with approving the visa. However, if the government takes the position that this should have been disclosed but wasn't, the government could claim this was fraud (which would be a major problem.)

[ronaldo21]

@Attorney23:

Thanks again for your information.

This what happended. I was cited for dirving with other state license in CA and it was a traffic misdemeanor. But when the court notice arrived to me it was charged as traffic infraction (like a speeding ticket) and told me I DO NOT have to appear in the court to take care of the matter. It mentioned paying fine through mail was okay,too. However, since the fine was about $800 I showed up at the court on the arraignment date and the commissioner reduced my fine to $200. I paid the fine and done with it. The clerk at the court told me there's no misdemeanor in this case as it was only charged as traffic infraction.

After this incident, I contacted a local criminal lawyer who's familiar with the local court proceedings told me that I don't have a criminal history anywhere in the government systems based on the charges filed at the court. He reiterated it's like a speeding ticket. He even told me the local court records will show it as a traffic infraction not as a misdemeanor. However he's not an immigration lawyer.

My question is, does immigration takes record from court filings or from deputy's citation book?

I'm worried whether disclosing this may cause any delay in my stamping as I never had any issues with the law apart from a speeding ticket.

Once again, thanks for your help.

[Attorney_23]

If it truly is the same as a speeding ticket, this typically would not be disclosed on the DS160.

[ronaldo21]

If it truly is the same as a speeding ticket, this typically would not be disclosed on the DS160.

Hi Attorney_23,

In general if my FBI rap sheet is clean of any crime/arrests, I don't have to disclose anything on DS-160 and I-485 applications, right?