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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 105572
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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I helped someone else to get into the subway today in NYC.

Customer Question

hi i helped someone else to get into the subway today in NYC. Both of us were caught by an officer and given a yellow ticket titled "Transit adjudication bureau notice of violation and hearing - new york city transit authority vs. respondent". N.Y.C.T.A. RULE VIOLATION CHARGED (21. N.Y.C.R.R. PART 1050). I can either pay for the 100 fine or go to the court. I'm on H1B visa and might apply for green card in the future. I was wondering if this will impact my future visa application(H1B and green card)? Will this stay on my record and is the best option for me to pay for the fine?
Submitted: 8 months ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 8 months ago.

Hello! My name is***** and I am a licensed attorney with more than 13 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help.

What country are you from? How did you enter the U.S.?

Customer: replied 8 months ago.
I'm from China. and as i said I'm currently on H1B visa
Expert:  Guillermo J. Senmartin, Esq. replied 8 months ago.

Ok. If you went to court, do you think you would win?

Customer: replied 8 months ago.
I haven't consulted with any lawyer yet so i'm not sure. I did some research online and I've read about similar cases (when people indeed had a valid unlimited metro-card when they entered into the subway) but still lost the case. So if i had to guess the answer is no. I don't think I would win. I'm more concerned about the impact on my future visa application after I pay the fine.
Customer: replied 8 months ago.
http://www.justanswer.com/traffic-law/8s2k7-hello-i-crossing-gate-lady-asked.html
I found this on the same site. I believe I had the same violation cited with the person above (21. N.Y.C.R.R. PART1050 part 4a). So according to the traffic law expert above, it's a transit autority's infraction rather than a crime.
Expert:  Guillermo J. Senmartin, Esq. replied 8 months ago.

Well, it would have a small impact. This type of offense is minor and does not make you inadmissible to the U.S. However, since you have been cited, you would still have to disclose it whenever asked. You should also carry with you whenever you travel, certified copies of the citation and that you paid it. This way, IF it comes up, you have the copies to show and that would cause you the least amount of delay. Immigration probably won't even know about it, but that's the way to be safe. In the future, when you apply for a green card, you will have to mark "YES" on the question where it asks if you have ever been cited and you would provide that information and those copies, but it will not cause you to be denied Residency for such a minor offense. However, failure to disclose it would if they found out about it. So this is why it is necessary to disclose it. By not disclosing it, you make a minor offense into a big problem.

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! When we are done, if you would be so kind as to leave a positive rating for my service, I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. If you do not see any stars or smiley faces, please at least leave a THANK YOU for me so I can let the administrators know. Your question thread does NOT close, so you can ask additional questions without additional charge even after leaving a positive rating. Thank you for your understanding.

Customer: replied 8 months ago.
Could you please clarify it for me when exactly should I answer yes? For example in this question, "Have you ever been arrested,cited or detained by any law enforcement officer?", should I answer yes because it falls under the "cited" category? Are you saying in terms of renewing my H1B visa or applying green card in the future, immigration might not even know about it but just in case I should keep a copy and mention this to be safe? Does that mean this is unlikely to come up in a employment background check since this is NOT criminal?
Expert:  Guillermo J. Senmartin, Esq. replied 8 months ago.

Yes, that is correct. You would have to answer yes because that's the truth. But the offense would not cause you to not be approved for a green card. I don't think it is likely to come up, but you have to be safe. So state the truth.

Let me know if you need anything else, but please do not forget to rate me positively. You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. If you do not see the stars or smiley faces, please at least leave a THANK YOU for me so I can let the administrators know. Thank you for your understanding!

Customer: replied 8 months ago.
is this considered "civil"? I thought civil cases have no impact on immigration/visa matters. Is that right?
Expert:  Guillermo J. Senmartin, Esq. replied 8 months ago.

It is not considered civil, but it also isn't at the level of a crime that would have a big negative impact on your future immigration status. Please don't forget that positive rating. I only keep mentioning it because if you can believe it, about 30% of people on this site don't leave a positive rating and since I am not given a salary to be here, it's as if I spent my time responding for free. So you can understand, that's like working 40 hours per week, 5 days a week and not being compensated for every Friday and most Thursdays. Talk about unfair! So I hope you leave that positive rating. Your question does not close if you forgot to ask something. You aren't charged again if you respond on the same thread. Thank you for your understanding.

Expert:  Guillermo J. Senmartin, Esq. replied 8 months ago.

Hello Evelyn. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!

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