Pending I-485 + Misdemeanor: driving with expired auto insurance

[bartelm]

Dear Attorney,

I have a misdemeanor conviction in my record. It happend 9 years ago for driving with expired insurance. I went to the court and paid the ticket. I was fined $300. I did not realize then that it was considered as misdemeanor. I treated it like any other traffic violations. I was naive and did not know the law well enough to ask for other options.
I know now that I should have hired an Attorney then to represent my case. Recently, someone mentioned to me that driving with expired insurance is a misdemeanor. So, I looked up my record and found out that it was counted as misdemeanor and count was KSA 40-3104 (1 count).
Anyhow, this happend 9 years ago when I was in F1 status. No tickets or convictions since then. This is the only thing I have in my record.

Currently, I am in H1B status with pending EB3 I-485 application. My I-140 is already approved. Would this conviction jeopardize my adjustment of status application? What are my options here?

Thank You!

[lingon2]

HI,

Remember the ticket for an expired driver's license is eligible for dismissal by the judge so it may be up to his discretion and you will need to have the proper paperwork to show the court. If, for some reason, the Judge does not approve your request, you must be prepared to pay the fine and costs associated with the ticket.


Thank you..

[glus]

Originally Posted by bartelm

Dear Attorney,

I have a misdemeanor conviction in my record. It happend 9 years ago for driving with expired insurance. I went to the court and paid the ticket. I was fined $300. I did not realize then that it was considered as misdemeanor. I treated it like any other traffic violations. I was naive and did not know the law well enough to ask for other options.
I know now that I should have hired an Attorney then to represent my case. Recently, someone mentioned to me that driving with expired insurance is a misdemeanor. So, I looked up my record and found out that it was counted as misdemeanor and count was KSA 40-3104 (1 count).
Anyhow, this happend 9 years ago when I was in F1 status. No tickets or convictions since then. This is the only thing I have in my record.

Currently, I am in H1B status with pending EB3 I-485 application. My I-140 is already approved. Would this conviction jeopardize my adjustment of status application? What are my options here?

Thank You!

Hi,
According to INA single misdemeanors, generally speaking, do not bar one from adjusting of status. Aggregated felonies and felonies can bar one from adjusting to that of permanent resident if they cause one to become inadmissible or deportable. As such, you should not have a problem, but it is likely the USCIS will ask for a court record of your misdemeanor before adjustment is granted.

Best Regards,