fishing ticket and the interview

A

avatar2010

Registered Users (C)
Hi there,
I am filling out my N400 form now. I had a fishing ticket last year cited as "fishing w/o a valid license." The situation is that I do have the license for my state. but I went on this trip and pass the state border about 5 miles and did not noticed that. I fished and got a ticket from the state I was in. I went to the court and trying to argue about it, but it did not work. so I paid the ticket and the case was closed like that.
Now my questions are:
1. where on the N400 form should I claim that, I am assuming it will check the box in part 10, question #16. but do I also need to check the #15 or #17, since it is an offense? I guess.
2. when I do the naturalization interview, how bad is that base on my case? Am I going to be OK with that? Do I need a immigration lawyer? any suggestion will be greatly appreciated.
 
A1: Just #16
A2: Should not be an issue at all. Unless the adjudicator is a strict vegetarian and takes it personally that you were killing another live specimen, you have nothing to worry about :)

avatar2010 said:
1. where on the N400 form should I claim that, I am assuming it will check the box in part 10, question #16. but do I also need to check the #15 or #17, since it is an offense? I guess.
2. when I do the naturalization interview, how bad is that base on my case?
Click to expand...
 
Answer No to Q 15, Yes to Q 16,17,18,, No to 19,20,21.


Yes to Q 18 is a little bit too heavy maybe. Technically itis a conviction since you plead a guilty by paying the fine.
But many peopel want to resever Q 18 for more serious crime that carries jail time not just fine. So you
can leave Q 18 open and carify during the interview.

I don't think it is a big deal. Checout your ticket and look the citation section number up in the penal code
of teh state. If its maximum fine for teh first offense is just a fine, then its seriousness is just like
a ordinary traffic violation
 
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Could you tell me what is teh stands for? and how may I look up the state's teh penalty code?
Thank you so much.


WBH said:
Answer No to Q 15, Yes to Q 16,17,18,, No to 19,20,21.


Yes to Q 18 is a little bit too heavy maybe. Technically itis a conviction since you plead a guilty by paying the fine.
But many peopel want to resever Q 18 for more serious crime that carries jail time not just fine. So you
can leave Q 18 open and carify during the interview.

I don't think it is a big deal. Checout your ticket and look the citation section number up in the penal code
of teh state. If its maximum fine for teh first offense is just a fine, then its seriousness is just like
a ordinary traffic violation
Click to expand...
 
Thank you so much for your response. Your answer do make me feel eased.


Triple Citizen said:
A1: Just #16
A2: Should not be an issue at all. Unless the adjudicator is a strict vegetarian and takes it personally that you were killing another live specimen, you have nothing to worry about :)
Click to expand...
 
Unlike a simple traffic fine like speeding where you do not have to mention it on the N-400 at all, a fishing one could be different. I know some states it's classified as a felony to fish or clam etc without a licence. So you may have to look into that more. A traffic ticket is a simple misdemeanor, but a felony is something more serious and many states are serious about fishing without licences.

So I would maybe mention that one to be on the safe side. I don't think that will impeed your immigration at all though. Seems like it was just a easy mistake and nothing serious was imposed on you by the officials. Pretty sure the IO will just acknowlodge you mentioned the ticket and move on. Shouldn't be anything to worry about...
 
avatar2010 said:
Could you tell me what is teh stands for? and how may I look up the state's teh penalty code?
Click to expand...
See an immigration lawyer who can look at the details of the charges and figure out how serious it is as far as citizenship eligibility is concerned.

But it's highly unlikely to be a felony. If it's a felony they almost surely would have arrested you, and there would have been a real threat of jail time, not just paying a fine.
 
Vorpal said:
Only if it's for reckless driving. Minor traffic tickets are not misdemeanors.
Click to expand...

Generally in terms of state law
felony - a crimme or offense punishable by more than one 1 year in state prison
misdemeanor - a crime or offense punishable by up to 1 year in jail
infraction (petty offense) - punishable by only menotary fine. - ordinary traffic violation are typical infractions

Municipal laws are called ordinances. Vioilation fo which are sually punished only by fines.

Federal laws may be different. Not carrying GC is a midemeanor. I think of most of us commited that offense hundreds even thousands of times.
 
WBH said:
Generally in terms of state law
felony - a crimme or offense punishable by more than one 1 year in state prison
misdemeanor - a crime or offense punishable by up to 1 year in jail
infraction (petty offense) - punishable by only menotary fine. - ordinary traffic violation are typical infractions

Municipal laws are called ordinances. Vioilation fo which are sually punished only by fines.
Click to expand...

Exactly. From what I understand, even in Virginia, where a simple speeding offense has a good chance of receiving a reckless driving ticket, there's a high chance of pleading down to a non-criminal offense.

WBH said:
Federal laws may be different. Not carrying GC is a midemeanor. I think of most of us commited that offense hundreds even thousands of times.
Click to expand...

Hmmm...I wonder how many of us didn't carry their GC and answered no to "Have you ever committed a crime or offense for which you were not arrested?" :)
 
I wonder more about stick shift drivers in Rhode Island where it is illegal to coast in neutral :)

Vorpal said:
Hmmm...I wonder how many of us didn't carry their GC and answered no to "Have you ever committed a crime or offense for which you were not arrested?" :)
Click to expand...
 
although I am not familiar with the terms, but my case was closed by paying the fine. so it was a fraction, not even a misdemeanor. I hope those definitions are true in every state.



WBH said:
Generally in terms of state law
felony - a crimme or offense punishable by more than one 1 year in state prison
misdemeanor - a crime or offense punishable by up to 1 year in jail
infraction (petty offense) - punishable by only menotary fine. - ordinary traffic violation are typical infractions

Municipal laws are called ordinances. Vioilation fo which are sually punished only by fines.

Federal laws may be different. Not carrying GC is a midemeanor. I think of most of us commited that offense hundreds even thousands of times.
Click to expand...
 
I understand felony or crime is more serious, but is offense the same thing as felony or crime, since N400 use the word "offense" all the time. Thanks.



Jackolantern said:
See an immigration lawyer who can look at the details of the charges and figure out how serious it is as far as citizenship eligibility is concerned.

But it's highly unlikely to be a felony. If it's a felony they almost surely would have arrested you, and there would have been a real threat of jail time, not just paying a fine.
Click to expand...
 
avatar2010 said:
I hope that could be a whaling ticket, so that I can have so much more to chat with the IO:D
Click to expand...

We had a long chat with the IO after interview... I work in consumer electronics software & design and I have to admit, he was pretty knowledgeable and had some great ideas! Fishing, I'd be at a loss. Can't stand still...
 
avatar2010 said:
although I am not familiar with the terms, but my case was closed by paying the fine. so it was a fraction, not even a misdemeanor. I hope those definitions are true in every state.
Click to expand...

Check your the laws pertaining to the municipality where the ticket was issued to make sure that it was a simple infraction. In my personal opinion, this won't have a negative affect on your naturalization application.
 
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avatar2010 said:
although I am not familiar with the terms, but my case was closed by paying the fine. so it was a fraction, not even a misdemeanor. I hope those definitions are true in every state.
Click to expand...

It is an infraction only if maximum penalty is just a fine. A offense can be a misdemeanor even if you just paid the fine because couirt may not impose maximum penalty. But I believe your case is just an infraction.
 
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