Good moral character - Arrest for driving on suspended drivers license

Tired-Confused

Registered Users (C)
Hi- I recently filled out my N-400 application and have my interview scheduled in August. While filling out the application, I marked all questions in section 10 as "No" because I thought that traffic violations that do not involve alcohol or drugs do not need to be reported.

While reading this forum, I realized people are including traffic citations and arrests even if they do not involve alcohol and drugs. In 1997, I was arrested for driving on a suspended license (suspended for non-payment of speeding ticket). I was released on bail immediately (no lock up) and appeared in court the following morning. The case was "dismissed" upon payment of the ticket and $50 for the court's time. My driving record only lists the suspended license, not the arrest.

I did not list this in my GC application and it was not raised by INS. I did not list this in the N-400 either, but now I am not sure this was the right thing to do. What should I do?
 
The only traffic tickets the IO is not interested in (in the majority of cases) are speeding/minor moving violations that you paid (IF there are no other 'flags' on the N-400 that might cause a question or denial). Anything that involves driving on suspended licence (not minor offence), bail, jail, arrest etc, HAS to be mentioned as that is not the same thing.

You will need to file an amendment to your N-400, either try and pull it back or if you have your interview bring all the supporting documents for your arrest(s) etc. You wrote a topic here earlier, is this the same offence or is this another one?

Because you have had non-minor traffic violations, now the IO very well might want to see ALL traffic violations to see if they have been taken care of. These would be ALL speeding/minor tickets as well now as you have clearly skipped out on one.

Get all your tickets, court docs etc prepared before your interview. Mention this during your interview (as the IO might know about it and question you on it).

So your case is quite different then the standard just getting a speeding ticket and paying it right away...
 
Hi- I had my interview yesterday. Immediately after taking the oath, I told the IO about the mistake on my N-400. She told me to wait until we got to that section.
Once we got to the section, I told her my mistake and explained why I made it. I gave her the court disposition with "Dismissed upon payment of court fees" marked and $50 paid stamp. She took the originals. She wasn't saying much, so I went on to say that it was over 10 years ago and I showed her my current driving record, which she didn't even glance at. She made a remark "It is okay, this is not a big deal. There are people with far worse cases and you came very well prepared".
At the end of the interview, she gave me the form which had "We will mail you a decision" clicked. The gave me the reason that she has to get it cleared with a supervisor.

Now who knows what will happen!! I have no idea whether I will get approved or not, but my lesson learned is that it is okay to make a mistake, but do not hide anything from the IO. I do not think the IO even had this incident in her file, but I guess its better to mention it anyway than to have the IO try and get you to incriminate yourself under oath!

As an aside, I also think its a matter or luck as to how strict your IO is. This forum has many cases of people with DUI's and misdemeanors who are getting approved right away!!
 
I think you're going to be alright, don't worry. I'm pretty sure you'll get your oath letter soon.
 
Sounds like no big deal. For a variety of reasons, its not unusual to get the "no decision..." outcome on an N-652, and still receive an oath notice a few weeks later.
 
Tired-Confused,
You did the right thing and I believe there should be no issue with your N-400. All N-400s are adjudicated by two officers. Once by the interviewer and once after that behind the scenes. The first officer (the interviewer) usually recommends the N-400 for approval and the second one rubber stamps it. If the interviewing officer is junior (in terms of service/grade) then he/she does not have the authority to sign off on things like an applicant's arrest, excess time spent outside the US, etc. In such a case the second officer will be a supervisor or senior officer who will then make the final decision on the application. I would advise you to relax and wait for your oath invitation.
Good luck!!!
 
Please correct the N400 form with Arrest = Yes but not convicted.

You must tell verything what you wrote here and take all documents related to arrest and court hearing with you.

p.s. I am not a lawyer.
 
Tired-Confused - Sorry, please ignore my comment above. I only read your first entry and did not read your current posts...

You should be just fine and should get Oath letter soon.

Good luck
 
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