I was issued a ticket by a plain clothes police officer for the offense of Consumption of Alcohol (open container) in Public in New York city. I decided NOT to attend court and instead pay the $25 fine by mail. I signed a document that states this is "...a violation, not a crime" of Administrative Code Section 10-125(b). It also states that by mailing the $25, I am pleading guilty, which is equal to a conviction after Trial. Does this offense have to be reported on the N-400?
Law Offices of Rajiv S. Khanna, P.C.
Consumption of Alcohol in Public Offense and N-400
- Thread starter craig2398
- Start date
I was issued a ticket by a plain clothes police officer for the offense of Consumption of Alcohol (open container) in Public in New York city. I decided NOT to attend court and instead pay the $25 fine by mail. I signed a document that states this is "...a violation, not a crime" of Administrative Code Section 10-125(b). It also states that by mailing the $25, I am pleading guilty, which is equal to a conviction after Trial. Does this offense have to be reported on the N-400?
I am assuming that you received a pink ticket, correct? This is what's known as a DAT (Desk Appearance Ticket) in NYC. By definition, this is a citation, as it summons you to court, although it's also possible to pay the fine by mail. As such, it should be reported on the N-400. Since this is a non-criminal offense, it will not affect your application negatively.
In the interest of full disclosure, I received a desk appearance ticket for trespassing back in high school, which was dismissed a few weeks later. When I was undergoing the naturalization process 10 years later, I did everything possible to obtain a record, but no record existed at any agency involved with the ticket. It was as if the ticket didn't exist at all. I ended up taking my chances and not disclosing it. As you can see, I was naturalized without any problems. However, your mileage may vary.
And one more thing: when I receive mail/correspondence from USCIS after submitting my application, when anything show reference to this offense? Basically, I may be out of the country for business and I don't want my staff who may be opening my mail to read about this.
Jackolantern
Registered Users (C)
You may get a letter telling you to bring paperwork for your arrest (even if you only got a ticket, they often still use the word "arrest").
Does your staff work in your home? USCIS will mail correspondence to your home address, so your staff wouldn't see it unless they're in your home.
Does your staff work in your home? USCIS will mail correspondence to your home address, so your staff wouldn't see it unless they're in your home.
A few weeks ago I received notification that I have an interview coming up. Jackolantern, you were right. Just today, I received a yellow letter stating "You indicated in your application that you have been arrested. For these arrests and any other incidents in which you may have been involved, bring originals or certified copies of all arrest records and court dispositions showing how each incident was resolved." As Vorpal mentioned, this is non-criminal offense that does not negatively affect my application; so I am wondering, since I was not actually arrested and since this was a basic summons/citation with a $25 fine that was paid by mail, can I just bring a photocopy of the summons I took before I mailed it and a copy of the $25 cashed check (from online banking) from the NYC Criminal Court to the interview? Or do I actually have to go to the court and request certified copies?