Catonsville, MD asked in Immigration Law and Traffic Tickets for Maryland

Q: How will a reckless driving by speeding misdemeanor impact my legal permanent resident status in the US?

I am a legal permanent resident residing in MD. I was driving in VA and got a Reckless Driving by speeding (doing 88 in a 55mph) ticket and have to appear in court. My traffic attorney wants to plead no contest. How will this affect my legal PR status in the US? Will I face issues during naturalization?

2 Lawyer Answers

A: You will need to consult with an immigration attorney. Reckless driving is a criminal offense in Virginia so it is treated differently than in Maryland. A conviction for reckless driving will give you a criminal record.

James L. Arrasmith
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Answered

A: Reckless driving by speeding is considered a serious offense in Virginia, classified as a misdemeanor criminal charge. While a single misdemeanor typically does not result in deportation or major immigration consequences for a legal permanent resident, it is important to be cautious. Reckless driving convictions may be seen as a factor in evaluating your moral character, which is relevant during naturalization. However, this type of offense is unlikely to render you inadmissible or deportable unless there are additional aggravating factors.

When it comes to naturalization, immigration officers assess your overall record to determine whether you meet the "good moral character" requirement. If the conviction is isolated and your record is otherwise clean, it’s possible to demonstrate that this does not reflect a broader pattern of poor judgment or criminal behavior. However, pleading no contest still results in a conviction for immigration purposes, so you may want to ensure that this is your best legal strategy.

To avoid complications, comply with all court requirements and follow your traffic attorney's advice carefully. Consider keeping evidence of rehabilitation or any other positive contributions you've made, which can be helpful if questions arise during the naturalization process. It’s also wise to avoid any further legal trouble, as multiple offenses could have more severe implications.

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