Criminal Law Driver license violation related to 485 application

[ldbt]

Three yeas ago, I was driving without valid driver license, learner's permit only. Because there is no accompany valid driver with me, I was arrested and stayed in jail for one night. Later on my case was dismissed due to the help from an attoney after I succesfully got my driver license.
Right now, my 485 application is pending. I remembered I put all "No"s on the 485 forms. Becuase I thought according to the question number 1.b,
"Have you ever been arrested, cited, charged, indicted, fined or imprisoned for breaking or violating any law or ordinance, excluding traffic violations?"
My arrest should not be included due to that it's a traffic violation in my opinion. Becuase my 485 is pending for a while that is late than my spouse (my spouse already get green card, we applied at the same time). I am afraid maybe something wrong the way I put. I emailed my immigration lawyer. They told me my case is forwarded to a supervisor in CIS. Eveything still seems quite normal. Till now I haven't received any RFE on 485.
Do you think it's a lying to CIS the way I write on the form?
I personally think it's not from all the posts I've ever read.
Please give me your insights on this.
Thank you for any reply!!

 

[ldbt]

More info,
I applied student F1 visas since then. Even I did a fringerprint after new visa rule. All went smoothly. According to my lawyer, I don't need to report the arrest when I apply the visas. So I just write "No" on the forms.

 

[Husty]

You shouldn't have problems even if convicted of the offense. This offense is not a CIMT, also the case was dismissed and "dismissed charges" are not valid when establishing moral conduct of an applicant. But lying to the CIS officer about it is the worse thing you can do. Tell the truth and tell them what happened and dont worry about it. Chances are they'll know you were arrested and are trying to cover your tracks!!! You were arrested but not found guilty, just remember that.

I'm not an attorney and this is no legal advice, Good luck!

 

[ldbt]

Dear Husty,
Thank you very much for your reply!
I forgot this website address for a long time.
Two months ago, I mailed an explaination letter about this together with the I485 receipt to CIS. Also attached the online record about this case.
Thank you very much again!
Best regards,

ldbt.

You shouldn't have problems even if convicted of the offense. This offense is not a CIMT, also the case was dismissed and "dismissed charges" are not valid when establishing moral conduct of an applicant. But lying to the CIS officer about it is the worse thing you can do. Tell the truth and tell them what happened and dont worry about it. Chances are they'll know you were arrested and are trying to cover your tracks!!! You were arrested but not found guilty, just remember that.

I'm not an attorney and this is no legal advice, Good luck!

 

[2511]

DEAR IBDT

how did you go about sending corrected info on your filed I 485.

what is the way of doing it and did you get anything back from CIS.

I am in a similar sort of situation where i marked no to question regarding previous arrest on i 485 and now have realized through readings that even the case was dismissed without conviction i still have to let CIS KNOW ABOUT IT ON THE 485, and thus would like to do that before they find out and charge me for misrepresenting and lying.

would greatly appreciate your reply

thanks