N-400 Application questions - Confused

[litmu]

Guys, I have a couple of questions, please chime:

1. Part 10-D, Question 16: I was briefly arrested for Driving with suspended license. So I marked 'yes' and in the explanation area I put 'Charges Dismissed'. I understand that I am not required to submit proof, but since I have it with me already, should I attach it with my application showing the court doc that my charges were indeed dismissed upon paying $240 fine or is it completely un-necessary?

2. I have several citations (like speeding) in the past 14 years. Am I supposed to list all of them? If so, that would be very difficult info for me to collect, or do you think listing just the 'arrest' as mentioned above, enough information?

3. I am assuming this all will take 5 months and I'll get citizenship. Planning ahead: I have my mother overseas and since I'm her only caretaker, I have to bring her to USA asap. If I am not wrong it is taking 5 months also for the I-485 within US, however since my mom is overseas, do I apply for her in the overseas consulate? I suspect that would take a long long time?

 

[dl1cd]

Couple of thoughts on this ..

Guys, I have a couple of questions, please chime:

1. should I attach it with my application showing the court doc

2. I have several citations (like speeding) in the past 14 years. Am I supposed to list all of them?

I can traddress the first 2 questions ..
1. Mention the facts. USCIS would send you a "yellow letter" asking for details to be brought along at the time of the interview. This is when you would need to produce the documents to the officer. These would be retained at the time of interview and attached to your paperwork.

2. Though you are not required to produce docs for traffic fines below $500, it's my experience that a mere mention of citations would product the yellow letter asking you to produce documentation. In my case, I had 2 violations and I had to go the Clerk of the court in 2 different places to get a certified copy of the fine. Now, if you live in LA, and have moved from Miami, or Houston, or .. this would become very difficult for you to visit each place personally. Hope that is not the case! Records which are relatively new can be obtained from DMV directly.

 

[Jackolantern]

1. Part 10-D, Question 16: I was briefly arrested for Driving with suspended license. So I marked 'yes' and in the explanation area I put 'Charges Dismissed'. I understand that I am not required to submit proof...

You understood incorrectly. You are required to submit documentation for traffic offenses that involved an arrest, illegal drugs, or DUI. The exemption from having to provide documentation only applies when there is NO arrest, NO illegal drugs, NO DUI and the fine (if any) is under $500.

 

[BigJoe5]

After you naturalize, mom will be an Immediate Relative of a USC (IR-5). That means that her Immigrant Visa case may proceed without having to wait for a "priority date" to become current. It is faster but as noted, there is a process. An IR-5 through Consular Processing is around the same as for a spouse or child visa. Maybe 6 to 18 months from filing the I-130 until she lands in the U.S. It depends on many things: how well you prepare the paperwork, how well she gathers her paperwork, and the workloads at the USCS Service Center, DOS' NVC, and the Consulate.

 

[litmu]

You understood incorrectly. You are required to submit documentation for traffic offenses that involved an arrest, illegal drugs, or DUI. The exemption from having to provide documentation only applies when there is NO arrest, NO illegal drugs, NO DUI and the fine (if any) is under $500.

Thanks, I am trying to understand this. On the form itself it clearly states for my Q16:
"If you answered Yes to any of Q15 thru 21, complete the following table" So it is quite clear, 'fill the table', nothing less nothing more.

This gets even further clarified by the later questions which are related to smuggling, prostitution, drunkard, gambling, alimony.
"Answer questions 22 thru 33. If you answer Yes to any, attach 1) your written explanation why your answer is yes, 2) documentation that helps explain your answers"

So I am puzzled where you are quoting your statements from?

 

[litmu]

After you naturalize, mom will be an Immediate Relative of a USC (IR-5). That means that her Immigrant Visa case may proceed without having to wait for a "priority date" to become current. It is faster but as noted, there is a process. An IR-5 through Consular Processing is around the same as for a spouse or child visa. Maybe 6 to 18 months from filing the I-130 until she lands in the U.S. It depends on many things: how well you prepare the paperwork, how well she gathers her paperwork, and the workloads at the USCS Service Center, DOS' NVC, and the Consulate.

Thanks very much indeed. She is located in Pakistan and since US/Pak relations are teneous, I would pray most of the process can be pursued from within USA. What is it overall, like:
a) Could I submit within USA, I-130
b) what are the steps following that, is it I-485?. Could I process most of the steps from US, or at what point the case must have to be pursued from within Pakistan?

 

[BigJoe5]

Thanks very much indeed. She is located in Pakistan and since US/Pak relations are teneous, I would pray most of the process can be pursued from within USA. What is it overall, like:
a) Could I submit within USA, I-130
b) what are the steps following that, is it I-485?. Could I process most of the steps from US, or at what point the case must have to be pursued from within Pakistan?

Since she is an intending immigrant, she will be denied entry as a non-immigrant. (This assumes that she cannot qualify for an H or L visa.)

In order to obtain or use a tourist visa, the applicant MUST convince DOS and CBP that there are strong ties to home and departure is the planned outcome of a visit. An intending immigrant who enters as a tourist must commit fraud from the start. That is never a good thing!

 

[litmu]

Since she is an intending immigrant, she will be denied entry as a non-immigrant. (This assumes that she cannot qualify for an H or L visa.)

In order to obtain or use a tourist visa, the applicant MUST convince DOS and CBP that there are strong ties to home and departure is the planned outcome of a visit. An intending immigrant who enters as a tourist must commit fraud from the start. That is never a good thing!

I do want to follow the process in best spirit, so there is no doubt in that. She does have a multi-year visit visa from a while ago. So you are saying that since it is a "visit" visa, is it "un-ethical" to use it, since she intends to immigrate and that could potentially cause problems on her immigration application due to 'intention'. But why that would be a fraud? which obviously is a very serious issue. Is there some kind of oath implied when one books a travel ticket or something.

And what are the major processes/steps for her immigration process: 1) I-130 applied within US, 2) ? 3) ?

 

[Jackolantern]

Thanks, I am trying to understand this. On the form itself it clearly states for my Q16:
"If you answered Yes to any of Q15 thru 21, complete the following table" So it is quite clear, 'fill the table', nothing less nothing more.

This gets even further clarified by the later questions which are related to smuggling, prostitution, drunkard, gambling, alimony.
"Answer questions 22 thru 33. If you answer Yes to any, attach 1) your written explanation why your answer is yes, 2) documentation that helps explain your answers"

So I am puzzled where you are quoting your statements from?

Read the N-400 instructions and pages 8 and 25 of the Guide to Naturalization ( www.uscis.gov/files/article/M-476.pdf )

 

[BigJoe5]

I do want to follow the process in best spirit, so there is no doubt in that. She does have a multi-year visit visa from a while ago. So you are saying that since it is a "visit" visa, is it "un-ethical" to use it, since she intends to immigrate and that could potentially cause problems on her immigration application due to 'intention'. But why that would be a fraud? which obviously is a very serious issue. Is there some kind of oath implied when one books a travel ticket or something.

And what are the major processes/steps for her immigration process: 1) I-130 applied within US, 2) ? 3) ?

INA 212(a)(6)(C)(i) fraud misrepresentation

INA 212(a)(7)(A) immigrant without immigrant visa

INA 235(b)(1)(A)(i) Expedited Removal for the above two grounds of inadmissibility.

Look up and read the grounds of inadmissibility and the expedited removal process that is allowed. Expedited Removal also carries a 5 year bar.



CBP Officer: Purpose of your trip?

Mom: Visit family. (LIE)

CBP: Welcome.

*************
CBP Officer: Purpose of your trip?

Mom: To file for a greencard. (TRUTH)

CBP: Sorry, get back on the plane.

 

[litmu]

...

God, its like I'm talking to a brick! What is the right process of mother's immigration from overseas?

1. File I-130 within US. 2. What comes next? As to what I am understanding, upon approval of I-130, mom will be invited for Immigrant visa by the US embassy overseas. Though I dont think it is that simple. Will she have to stay out in the sun under those long lines (where people wait for travel visas) or the process for Immigrant visa invites are a lot more humane? Would she have to go there multiple times or just one visit can do it ... is there fingerprinting, medical, etc processes?

 

[osheth]

God, its like I'm talking to a brick! What is the right process of mother's immigration from overseas?

1. File I-130 within US. 2. What comes next? As to what I am understanding, upon approval of I-130, mom will be invited for Immigrant visa by the US embassy overseas. Though I dont think it is that simple. Will she have to stay out in the sun under those long lines (where people wait for travel visas) or the process for Immigrant visa invites are a lot more humane? Would she have to go there multiple times or just one visit can do it ... is there fingerprinting, medical, etc processes?

In some countries, they schedule appointments over 2 days. Day 1: Medical checkup at their designated clinics/hospitals and Day 2: Interview & visa processing. Typically they have separate officers designated for immigrant visa. They would let her in and seat for her turn to come. Most probably, they would ask relatives/friends to wait outside (unless medical reasons).

Once her I-130 is processed, case would be transferred to overseas consulate/embassy and they would send appointment notice directly at overseas address.

HTH,

 

[litmu]

Thanks guys, and in particular: dl1cd, JackoLantern, BigJoe5, osHeath, for sharing your thoughts here. I submitted my application today, and I can tell you, had I not posted queries here I could have had missed things. So I have to say that it is very nice for you to take the time and help others provide the right context. And I can tell, the most helpful advice is always the one that is critical/criticism, one that you wouldnt hear otherwise. So thank you all.

So about the I-130 submittal:

- Can I file it for my brothers/sisters too? or is it better to wait till Mom gets her GC and then she sponsors them? They are 18+
- I dont currently understand what P1, P2, P3 is? ... I thought I came across a website that tells you how long wait is the immigrant visa # for parents, brothers, sisters, etc
- Whats the earliest point I can file I-130, when I receive my US passport, or Oath, or what?