Dismissed misdemeanor charge - please help

[sgrv]

Hello, I am worried about my possible inadmissibility and would really appreciate any help or inputs.

Two years ago, I was given a written ticket/citation for "inattentive driving" while driving through Idaho, in the US. In that particular state, this is a misdemeanor and therefore a criminal offense.

"Inattentive driving shall be considered a lesser offense than reckless driving and shall be applicable in those circumstances where the conduct of the operator has been inattentive, careless or imprudent, in light of the circumstances then existing, rather than heedless or wanton, or in those cases where the danger to persons or property by the motor vehicle operator’s conduct is slight."

I didn't have to go to court because the prosecutor dismissed it the very next day (over the phone).

My FBI report is clear.

However, I understand that there is a statutory question about whether I have "ever committed, been arrested for, been charged with or convicted of any criminal offense in any country".

1. Am I right that the citation I received is a charge, and I will therefore have to answer Yes to this question, although it was dismissed and I was never arrested or convicted, nor does it show up on my FBI report?

2. If so, will this dismissed charge endanger the approval of my application?

3. When I answer Yes, and provide a written explanation, will I also need to submit documents that prove this case was dismissed? I am no longer in the US and it may be difficult to obtain certified case documents from the court to prove this.

 

[navinball]

its not inadmissible. dont know if they ask for additional document regarding the dropped charges.

 

[magento]

@legalfalcon might help

 

[Sandpiper4]

Hello, could you comment on how this was resolved? Did you report "yes" were you still approved and did you have to submit additional paperwork? I have a similar situation, from 4 years ago.

 

[sgrv]

Hello, could you comment on how this was resolved? Did you report "yes" were you still approved and did you have to submit additional paperwork? I have a similar situation, from 4 years ago.

Hi, I did answer Yes (that I was charged) and submitted certified court copies of the ticket and the dismissal order. You would definitely need to provide such documentation. I also later submitted an admissibility letter from immigration lawyers that says I'm admissible. I'm not sure if such a letter is necessary since (I think) my case isn't that complicated.

My application is still being processed 15 months after I applied. The delay is not because of the criminal charge because (according to my GCMS notes) my criminality hasn't even started yet. My file is just awaiting review. So hopefully it all works out.

 

[localhost8100]

It is March 2020 and your case is still in processing? Why so long? what if your medical has expired? do you have to give one more medical and submit proof again after your application is in process after one year?

 

[sgrv]

It is March 2020 and your case is still in processing? Why so long? what if your medical has expired? do you have to give one more medical and submit proof again after your application is in process after one year?

Yes, sadly. There's really no reason except they are yet to review it. I'm helpless, just have to wait till they get around to it. My eligibility was marked Met in January 2019.

Yes, my medicals are expired and I will need to redo them, but only when they ask for it. They'll ask for it when everything's been approved. That's the trend. So receiving a request for re-medicals is a huge deal for those in my situation.

 

[Sandpiper4]

Thank you so much for your reply. I am in the process and plan to do the same. I am a little worried about the 15 month time frame as my course will start in 6 months but perhaps since I am only applying for a student visa it might not take quite as long. Fingers crossed.

 

[sgrv]

Thank you so much for your reply. I am in the process and plan to do the same. I am a little worried about the 15 month time frame as my course will start in 6 months but perhaps since I am only applying for a student visa it might not take quite as long. Fingers crossed.

Good luck! I don't think it will take long for you as it's for a student visa.

Mine is a PR application. Most of the people who applied for PR at the same time as I did have already got theirs, and a lot of them got it inside 6 months. I'm just one of the unlucky few. I doubt the delays have anything to do with my criminality check, which hasn't even started yet. It's just bad luck and it's rare.

For student visas, I'm sure the officers are mindful of when the course starts.

 

[Mak101]

Yes, sadly. There's really no reason except they are yet to review it. I'm helpless, just have to wait till they get around to it. My eligibility was marked Met in January 2019.

Yes, my medicals are expired and I will need to redo them, but only when they ask for it. They'll ask for it when everything's been approved. That's the trend. So receiving a request for re-medicals is a huge deal for those in my situation.

Hi. Any update ? Did you get PR ?