Legal Question in Immigration Law in Georgia

I was involved in an accident and I was at-fault. I was given a traffic citation for failure to yield. But in Georgia, most of the traffic violations are dealt in criminal court, so my case ended up being a "traffic misdemeanor". I was not arrested nor fingerprinted. There was no bodily injury in the accident, only property damage. I ended up paying the fine of $86 online (didn't even go to court).

I was too naive that time. I should have hired a lawyer to fight the ticket. But because I thought it was just $86 fine and I needed to drive 80 miles away during school days, I simply pleaded guilty and paid the fine!

I was wondering, if I should answer "yes" to this questions on I-485: "Have you ever been arrested, cited, charged, indicated, convicted, fined or imprisoned for violating any laws or ordinances, excluding traffic violations?"

I was confused because it says "excludes traffic violation", but my case was categorized as "traffic misdemeanor".

And if I should say yes, will this affect the approval of AOS? will it create any other trouble in terms of immigration?

Thank all of you in advance!


Asked on 4/05/15, 2:31 pm

2 Answers from Attorneys
Rahul Manchanda, Esq. Manchanda Law Office PLLC

Hello - your complicated question requires a complicated answer. Please call me at (212) 968-8600 to discuss your case and matters. Kind regards, RDM

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Answered on 4/05/15, 4:14 pm
Philip Eichorn Hammond Law Group

It most likely is a traffic issue and doesn't have to be included on the AoS, however, my general advice to people in your situation is hire legal counsel to assist you in the preparation and submission of your AoS case and attend the interview with you. You're so close, why risk the chance of denial and try and do it on your own.

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Answered on 4/06/15, 5:35 am


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