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Expert James
Expert James, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 7644
Experience:  Experienced in all aspects of immigration and nationality law.
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Hi I received a reckless driving ticket for driving 100

Resolved Question:

Hi

I received a reckless driving ticket for driving 100 in a 35. No physical or bodily injury was done to anyone. This was at 11 pm, so no automobiles were present. I am 18 years old with a conditional resident status. My father remarried a few years ago and has already received a permanent resident status (the ten year green card). I am currently a student and I also work four to six hours a night. I am wondering if I could be denied a ten year green card due to this situation, which I'm supposed to get within these few months. I have an appointment scheduled for fingerprinting and for a picture to be taken in the next two weeks at my local USCIS office. I am currently working with a lawyer to attempt decreasing the charge to speeding, in order to get it down to an infraction. I will follow all of the necessary court processes. The charge was not yet entered the criminal record, yet since the DMV is a separate entity, it may enter their record within the next few weeks, unless there's something I do not understand about how these charges enter the record.

In all of the fundamentals of immigration law I've read, it states that they could deny an extension if any physical or bodily injury was done to someone else, which it was not. However, since I was 65 over the limit, could this be used to deny my permanent residence? I have no previous tickets, with exception of the one I did traffic school for, which was not yielding a pedestrian.

Thank you for helping me.
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Expert James replied 1 year ago.
Hi there! Thank you for using this service. My name is XXXXX XXXXX I'll be helping you with your questions today.

Is this considered a criminal offense in your state? Or just a moving violation of statutory law?

If you can provide me with the exact offense code and stats, I can better assist you.
Customer: replied 1 year ago.

I'm not sure, where do I get the offense code?

 

Edit: Found it here http://www.dmv.ca.gov/pubs/vctop/d11/vc23103.htm

 

Final edit: Yes, it is a criminal offense. It's a misdemeanor

Expert:  Expert James replied 1 year ago.
Alex,

This is not considered a criminal offense. It also is not considered a crime of moral turpitude, nor is it considered a crime of violence or an aggravated felony. So it does not appear that this will cause you any issues in having the conditions removed on your green card, or losing the green card.

However this is a citation, and therefore needs to be admitted in any application forms you file, which ask whether you've been arrested, cited, charged and/or convicted of any offense.

I hope I have answered your questions. If you need more help, please use the reply button to continue our conversation. If you do not require further assistance, kindly rate my satisfactory customer service (not the outcome or the state of the law which I cannot control) with a top-three rating, as this is the only way I receive credit for assisting you.

A bonus is appreciated, if you feel I've earned it.

If you have immigration or TSA questions in the future, just click Ask Expert James a Question! and make sure you write "FOR JAMES" in the subject or at the beginning of your question. This is the only way to ensure that I will assist you.

Thank you!
Customer: replied 1 year ago.

I just did a quick search and it states everywhere that it is a criminal charge. I do not mean to question you, I'm just really worried. Here are a few websites where it states this:

 

http://wiki.answers.com/Q/Is_reckless_driving_a_felony_in_CA

http://thelawdictionary.org/article/does-reckless-driving-show-up-on-a-background-check/

http://answers.google.com/answers/threadview/id/72125.html

http://www.vistacriminallaw.com/ca-reckless-driving.htm

 

Is that misinformation?

Expert:  Expert James replied 1 year ago.
Sorry, I meant to say it is not a serious criminal offense. It is a misdemeanor. Also you are not a habitual offender.

For the purpose of immigration, this type of misdemeanor should not affect your ability to have the conditions removed, nor should it be the basis for removal from the US.

I hope I have answered your questions. If you need more help, please use the reply button to continue our conversation. If you do not require further assistance, kindly rate my satisfactory customer service (not the outcome or the state of the law which I cannot control) with a top-three rating, as this is the only way I receive credit for assisting you.

A bonus is appreciated, if you feel I've earned it.

If you have immigration or TSA questions in the future, just click Ask Expert James a Question! and make sure you write "FOR JAMES" in the subject or at the beginning of your question. This is the only way to ensure that I will assist you.

Thank you!
Expert James, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 7644
Experience: Experienced in all aspects of immigration and nationality law.
Expert James and 2 other Immigration Law Specialists are ready to help you

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