West Palm Beach, FL asked in Criminal Law, Immigration Law and Traffic Tickets for Florida

Q: H1B stamping: Should I answer yes or no in DS-160 for have you ever been arrested or convicted of any offense or crime?

I received 2 traffic tickets at the same time in Georgia. One for speeding and other for seat belt violation (child). I have paid fines. Since traffic violations are misdemeanors in Georgia, I am confused on whether should I answer yes or no in DS-160 for the question, have you ever been arrested or convicted of any offense or crime?

Will answering "No" have any issues for my H1B stamping and at port of entry?

Will answering "Yes" will delay my H1B stamping for months?

Will these 2 traffic tickets from Georgia appear in my criminal background check for immigration purposes?

2 Lawyer Answers
Hector E. Quiroga
PREMIUM
Hector E. Quiroga
Answered
  • Immigration Law Lawyer
  • Las Vegas, NV

A: It is always best to be honest. These are not the types of violations that tend to keep people out of the US, but lying on an immigration form is. It is likely they will be disclosed as part of the criminal background check, yes.

Carl Shusterman agrees with this answer

Carl Shusterman
Carl Shusterman
Answered
  • Immigration Law Lawyer
  • Los Angeles, CA

A: If they are misdemeanors, you need to reveal them on your DS-160.

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