disclose cite on oath day

[sndiay]

hi everybody.
MY ticket (violation of city ordinance) has been dismissed last week.I got the official court dispositon.
My oath ceremony will be tomorrow at 8:30.If i disclose it ,what is going to happen?Are they going to prevent me from taking the ceremony ?I really need to know.Please help

 

[Vorpal]

hi everybody.
If somebody have a cite or ticket between interview and oath letter and don`t disclose it ,what is the probability than uscis find it out latter after you become a citizen .?
thanks

Depends on what the citation was issued for. If it was issued for a criminal offense, the USCIS may find out about it if your file comes up during an internal audit. If it's a minor traffic violation, they'll probably never find out.

 

[GungaDin]

AFAIK, USCIS does not check DMV records. They expect you to own up to your tickets. So going EXACTLY by your question, and assuming this is a minor traffic infraction, there is very little chance that USCIS finds out about your ticket.

However, if you were drunk, drove your car into the community swimming pool and had a featured spot on the evening news, you may want to own up to the ticket.

 

[WBH]

Depends on what the citation was issued for. If it was issued for a criminal offense, the USCIS may find out about it if your file comes up during an internal audit. If it's a minor traffic violation, they'll probably never find out.

It more depends upon whether local police report the offense to FBI database or not rather than what kind of offense. Local police can even report traffic violation to FBI database just liek they can failt to report non-traffic violation to FBI database.

If USCIS find out, they will certainly take other kind of violation more serious than they take traffic violations.

What prompt USCIS to find out? It can be due to their internal auditing or if the person commit some serious violation later after becoming a citizen, the law enforcement can invetiaget into thsi perosn's past and if they
notice this person has an offense before he became a citizen, they may wonder why the USCIS still grant the citizenship and complain to USCIS.

Take a look at the story below
http://www.ice.gov/pi/news/newsreleases/articles/070313elpaso.htm?searchstring=denaturalize

 

[DreamUSA]

safe approach will be to disclose (if possible pay before oath date OR postpone the oath if can not pay).

Why to worry ...regulations and Oath questionaire are clear that you have to disclose it..what is the big deal ? Why to take a chance and worry entire life about something that you can prevent by disclosing...This is not gamble, i would not take even 1% chance after money, time and resources you spent to obtain USC.

 

[WBH]

safe approach will be to disclose (if possible pay before oath date OR postpone the oath if can not pay).

Why to worry ...regulations and Oath questionaire are clear that you have to disclose it..what is the big deal ? Why to take a chance and worry entire life about something that you can prevent by disclosing...This is not gamble, i would not take even 1% chance after money, time and resources you spent to obtain USC.

As I said, the fail to pay $ 3 you should pay can be cosnidered to equivalent to the theft of $3. It all depends upn under what statute of state penal code the OP was charged. If it reflect moral character, the application can be denied and the OP has to wait another 5
years.

If all it needs is just for some supervisor to review and oath is still allowed but need to rescheduled, then the OP will have to delay oath by a couple of month.

Again, it all depends on what the OP is charged with.

 

[DreamUSA]

As I said, the fail to pay $ 3 you should pay can be cosnidered to equivalent to the theft of $3. It all depends upn under what statute of state penal code the OP was charged. If it reflect moral character, the application can be denied and the OP has to wait another 5
years.

If all it needs is just for some supervisor to review and oath is still allowed but need to rescheduled, then the OP will have to delay oath by a couple of month.

Again, it all depends on what the OP is charged with.

This is a matter of principle rather than materiality. If OP wants to truly answer the questions and do not want to take any risk, then OP should disclose it...does not matter how material or serious offense is. USCIS asks a question, OP should disclose it in due course and let USCIS detemine next actions. It is up to USCIS to determine what action is...all OP can do (which is best defense in my opinion) be truthful and disclose the ticket.

I also tend to agree with you that it is unlikely a big risk if it is a small traffic offense (hopefully paid by OP before oath date).

 

[WBH]

This is a matter of principle rather than materiality. If OP wants to truly answer the questions and do not want to take any risk, then OP should disclose it...does not matter how material or serious offense is. USCIS asks a question, OP should disclose it in due course and let USCIS detemine next actions. It is up to USCIS to determine what action is...all OP can do (which is best defense in my opinion) be truthful and disclose the ticket.

I also tend to agree with you that it is unlikely a big risk if it is a small traffic offense (hopefully paid by OP before oath date).

Traffic laws never deal with money but only traffic laws. If you park yoru car without paying meter or meter expired, you can get parking
ticket. But if you do not pay parking meters and drive away, and the meter lady have no time to place a parking ticket on your car but manege to write down your licence number etc, she can really report to the police and police pursue your in criminal court for crminal offense.

It all depends upon how the same matter is pursued by law differently. The exactly same act can have totally different consequences

 

[DreamUSA]

Traffic laws never deal with money but only traffic laws. If you park yoru car without paying meter or meter expired, you can get parking
ticket. But if you do not pay parking meters and drive away, and the meter lady have no time to place a parking ticket on your car but manege to write down your licence number etc, she can really report to the police and police pursue your in criminal court for crminal offense.
It all depends.

materiality meant " amount of potential" fines that offense can create. i not sure i follow your msg but..i think we are both saying the same thing. small parking ticket can result in a criminal offense and/arrest in some states,,,so all depends. best course is to disclose...

 

[Vorpal]

It more depends upon whether local police report the offense to FBI database or not rather than what kind of offense. Local police can even report traffic violation to FBI database just liek they can failt to report non-traffic violation to FBI database.

If USCIS find out, they will certainly take other kind of violation more serious than they take traffic violations.

What prompt USCIS to find out? It can be due to their internal auditing or if the person commit some serious violation later after becoming a citizen, the law enforcement can invetiaget into thsi perosn's past and if they
notice this person has an offense before he became a citizen, they may wonder why the USCIS still grant the citizenship and complain to USCIS.

Take a look at the story below
http://www.ice.gov/pi/news/newsreleases/articles/070313elpaso.htm?searchstring=denaturalize

I remember that story. To tell you the truth, it sounds somewhat shady. The immigrant was "known to beat his wife", yet he was never arrested for it? I don't know how much of a case the ICE would have against him. I wish there was an update to the story.

 

[Vorpal]

But if you do not pay parking meters and drive away, and the meter lady have no time to place a parking ticket on your car but manege to write down your licence number etc, she can really report to the police and police pursue your in criminal court for crminal offense.

It would never stand up in court. What's to say that the meter maid didn't write down a random license plate number to fill her quota?

Having said that, NYC meter maids are equipped with electronic devices that scan the vehicle's registration sticker. Once they scanned it, driving away becomes a moot point. They'll just mail you the ticket.

 

[WBH]

Having said that, NYC meter maids are equipped with electronic devices that scan the vehicle's registration sticker. Once they scanned it, driving away becomes a moot point. They'll just mail you the ticket.

Is it also true that one can not use surplus left by the previous car? At soemtimes itis not pratcicaly because the previous car can leave full-meter time so you can not even pay

 

[WBH]

The immigrant was "known to beat his wife", yet he was never arrested for it?

Known among relatives and friends and neighbors but none of them reported to the police.

It can happen if after citizenship the marriage turn bad and two spite each other so one go to USCIS and
tell the IO "My spouse often beat me before he was natualized and he did not disclose it on his N400"

 

[WBH]

I remember that story. To tell you the truth, it sounds somewhat shady. The immigrant was "known to beat his wife", yet he was never arrested for it? I don't know how much of a case the ICE would have against him. I wish there was an update to the story.

I am not sure if it is right to acuse that immigrant of lying under two questions. On N400, first come the question
"Have you ever lied to immigration?" then the question "Have you ever commited a crime for which you we e not
arrested?". So lying on the second question should not be counted for the first question, because when he
answered the first question, he had not answered the second question yet.

 

[Vorpal]

Is it also true that one can not use surplus left by the previous car? At soemtimes itis not pratcicaly because the previous car can leave full-meter time so you can not even pay

It depends. Over the last few years, NYC has eliminated most of the old parking meters and replaced them with muni-meters. A muni-meter is an automated machine that collects payment and issues a parking receipt that you display on your dashboard. There are usually a couple of them on any given block that uses muni-meters. If someone paid for an hour, but only used 15 minutes, you obviously cannot use the time that they paid for...unless, of course, the person is kind enough to give you their receipt (which is a fairly commonplace practice here). If you're parked at a conventional parking meter and it still has time, then you're legally allowed to park.

Oddly enough, it's illegal to feed someone else's parking meter. Let's say you're walking down a street and you're in a great mood. You notice a car parked at a meter. The meter only has one minute left and an anxious meter maid is watching the meter, getting ready to write a ticket as soon as the time expires. Being that you're in a good mood, you throw a quarter into the meter, preventing the meter maid from coming one ticket closer to filling his/her quota. It's illegal for you to do so and you can face charges. However, this is one of those arcane laws that's not really enforced nowadays.

 

[Vorpal]

Known among relatives and friends and neighbors but none of them reported to the police.

It can happen if after citizenship the marriage turn bad and two spite each other so one go to USCIS and
tell the IO "My spouse often beat me before he was natualized and he did not disclose it on his N400"

Then the burden of proof will be on the accuser.

 

[WBH]

Then the burden of proof will be on the accuser.

It is easy. During de-natualization hearing, summon can be sent to those relatives, friends, neighbors to ask them to come
to court to testify the guy did often beat his wife. And unlike in crminal court, the burden of proof is only prepondence of
evidence.

 

[Al Southner]

It must be a slow day for this simple issues to be torn to shreds in this manner. The OP can do two things: disclose it or not disclose it. Also, if it a parking violation, he doesn't need to disclose it. However, if he drove his car into the community swimming pool as mentioned by one of the poster, he should disclose this, especially if the police cited him and detained him, check his alchohol level and related matter. Let us clear the misinformation going on over this thread: traffic citation have never been a matter where the federal agencies have jurisdiction over, there is a reason we have state troopers, local police and city police, to enforce traffic laws and collect fines and so foth. The notion that local police report traffic citation to the FBI database is false, only arrest for crimes which might involve violation of federal statutes. For example, carrying a firearm from one state and committing a massacre in another state, the criminal will face both state and federal charges, with the federal govt taking over the case to utilize the resources of ATF and US attorney. Lastly, denaturalization happens in few cases, USCIS has to make a convincing case to the federal court on the reasons for denaturalization, before the court can grant a motion to proceed with the case.

 

[König]

The article from ICE website states that the judge judicially de-naturalised the offender. I think it is unnecessary to emphasise on this because as of today, people can only be de-naturalised judicially and never administratively.

 

[sndiay]

My ticket was dismissed and my oath ceremony will be tomorrow.i got court disposition.do you think they are going to let me do it?