Error in N400 - how to correct ? Pls help

S

stapler

New Member
Folks,
Thanks in advance for your help.

In my N400, though I had a traffic violation, I (out of lack of understanding) answered "No" to the question - "Have you ever been arrested, detained, cited by an officer" ?

The violation was for $350, ad I got it cleared by attending traffic school.

I filed the N400 2 weeks ago, and haven't heard anything back yet.

1) Do I need to make a correction ?
2) How do I send it to CSC ?

regards.
 
The answer is a little more complex and ambiguous than you might think !!!!! Its a very controversial subject that has been discussed many times and at length on this forum (do a search). One school of thought says (1) yes, document all traffic violations the other says (2) no, if "minor" and less than $500 fine, ignore them.

I followed (1) but neither side can claim to be "right" .... even the lawyers cannot agree.

Thus, in your situation, I think the best approach would NOT to try and correct or refile but at the interview, when they query you on this point, explain that you did have this one minor violation but that you understood that it did not need to be listed. There is some valid support for this point of view anyway. Some might argue that you say NOTHING about it at the interview unless specifically challenged.

I am sorry there just isn't a Yes/No answer to this one.
 
Hi,
If your check has already been cashed and you received your receipt notice, you cannot make changes to your application till interview. During the interview you can explain your situation to the IO to see whether he is satisfied by your explaination. If your check has not been cashed, then you can put a stop payment on this check and hope that USCIS sends the application back to you for you to make the necessary amends on your application. Hope this helps.
 
Just let it flow through the process. Bring whatever proof you might have of your traffic violation to the interview.

During the interview, the IO will "walk through" your application, visiting each section. When he gets to that section, you can say "was I supposed to list traffic violations". He/she will likely say "was it over $500 or DUI related" and since yours isn't, he'll likely say it's not important.

If he does what to talk about it, you can show him your proof.

Or, you could ignore it. He may bring it up anyway, asking something like "have you ever had a traffic violation" - then say "yes, and I brought this with me -- sorry I didn't realize I was supposed to list them".

The key is to anticipate the questions you may be asked and bring enough stuff with you to quickly satisfy anything he might ask.

Don't worry too much about it - good luck
(I'm not a lawyer or an expert, etc.)
 
I have taken the following excerpts directly from 'The Guide to Naturalization', page 25 hope it helps you a little:

If you have been arrested or convicted of a crime, you must send a certified copy of the arrest report, court disposition, sentencing, and any other relevant documents, including any countervailing evidence concerning the circumstances of your arrest and/or conviction that you would like USCIS to consider. Note that unless a traffic incident was alcohol or drug related, you do not need to submit documentation for traffic fines and incidents that did not involve an actual arrest if the only penalty was a fine of less than $500 and/or points on your driver’s license.

Even I have not listed the traffic tickets on the form but am planning to take court dispositions and DMV records to show that everything has been paid of (demonstrating good moral character).
 
rwsh said:
The answer is a little more complex and ambiguous than you might think !!!!! Its a very controversial subject that has been discussed many times and at length on this forum (do a search). One school of thought says (1) yes, document all traffic violations the other says (2) no, if "minor" and less than $500 fine, ignore them.

I followed (1) but neither side can claim to be "right" .... even the lawyers cannot agree.

Thus, in your situation, I think the best approach would NOT to try and correct or refile but at the interview, when they query you on this point, explain that you did have this one minor violation but that you understood that it did not need to be listed. There is some valid support for this point of view anyway. Some might argue that you say NOTHING about it at the interview unless specifically challenged.

I am sorry there just isn't a Yes/No answer to this one.
Click to expand...

Very well said!!!!! Good advice.

Flydog - you are also rigth on the money :)
 
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