How late is too late?. Now It is Panic time...

N

Nina1980

New Member
I have filed for my N400 in November. FP is done and interview is scheduled for March 2009. DO is Atlanta, GA.
I had 2 traffic speeding tickets before I applied. One in 2004 and another one in 2007. Both did not require court appearance and the fine was $123. PAID IN FULL.
Now a few days after I applied, I got another speeding ticket from another state ($203 paid that one too), making the count 3 altogether (in my entire 'driving-history').
I did not know that I had to declare minor traffic tickets. After reading several threads from this forum, I am thinking maybe I should've.
I never committed anything illegal or immoral in my entire life (yes I am very certain!).I never even had to visit a police station.
I want to make my N400 petition the most bullet proof possible.
Now, is it too late to declare it? If I want to declare it at the interview, would it be considered a willful misrepresentation of a material fact since I omitted the info in the initial application?
Or am I inviting extra trouble? Some of my friends suggest that I am worrying just too much. Since I did not mention it initially why invite trouble they say. Most of them did not declare any and have become successful citizens years ago.
I know it sounds petty. The topic has been discussed several times before. But this great forum is here to address the anxiety and pettiness of many who opted in the LEGAL path over the ILLEGAL.
Anybody- especially in Atlanta DO, who had at least 2 tickets and who did not list it in the original form, however declared proactively during the interview.... !
Please state your experience. And kindly, advice is NEEDED INDEED!
 
I had two minor speeding tickets. I didn't put those on my N-400.

Read these forums and got anxious so called RMV to get the ceritified copies that I paid the tickets.

At interview, officer only asked whether I was ever arrested. I said No. End of story. IO didn't even say anything about traffic citations.
 
yhoomajor, that's exactly what happened to me. I didn't list traffic tickets on my N-400, got paranoid after reading this forum, collected proof of payment for as many tickets as I could, brought it to the interview, the IO only asked if I've ever been arrested. That's it.

nina1980, you'll be fine. Don't even worry about it.
 
yhoomajor said:
At interview, officer only asked whether I was ever arrested. I said No. End of story. IO didn't even say anything about traffic citations.
Click to expand...

What is the definition of "arrest" for this purpose. Strictky speaking
an arrest can mean deprivation of freedom to move by law enforcement
officers for any violations even if it last for a few minutes. It does not mean they have to read your
Miranda right, put handcuff on you, or place you into a jail. So if
you are pulled over by a cop for speeding, you are arrested.

But I don't think people really apply such narrow defnition of arrest
 
Law Enforcement Arrest is Law Enforcement Arrest. There are no two definitions. A mere citation is not an Arrest.
 
You will know when Law enforcement people arrest you. You will have no doubts at that point :)

On a serious note, just because you are stopped by law enforcement
officers doesn't mean you are arrested. Officers make several traffic stops. Not all result in citations or arrests.

So according to your definition, just because somone was stopped by an officer during trafiic stop, that person is arrested?

A traffic stop is just an initial investigative point. After that stop, officer can simply let the person go without any chrages, or officer can issue a citation, OR OFFICER CAN ARREST YOU IF YOU ARE DRIVING ON A SUSPENDED LICENSE WITH DRUGS IN YOUR CAR.

You see the difference? Police can also stop people at various random traffic check points. You mean all those who are driving on that raod are arrested?
 
Let us avoid stuff that are just for argument sake.

WBH said:
So how do you define "arrest"?
Click to expand...

Neena;

I had 2 tickets. Atlanta DO. I had declared it originally in the form and the IO asked for proof of payment. Everything wen smooth.

WBH.
With all the due respect. Let us use an appropriate thread for debating a topic. Also please try to avoid discussions that sound as if they are 'just for argument' sake.This topic is to address concern of an anxious immigrant and please start another thread for debating what you consider an arrest is.

Peace.
 
yhoomajor said:
You will know when Law enforcement people arrest you. You will have no doubts at that point :)

On a serious note, just because you are stopped by law enforcement
officers doesn't mean you are arrested. Officers make several traffic stops. Not all result in citations or arrests.

So according to your definition, just because somone was stopped by an officer during trafiic stop, that person is arrested?

A traffic stop is just an initial investigative point. After that stop, officer can simply let the person go without any chrages, or officer can issue a citation, OR OFFICER CAN ARREST YOU IF YOU ARE DRIVING ON A SUSPENDED LICENSE WITH DRUGS IN YOUR CAR.

You see the difference? Police can also stop people at various random traffic check points. You mean all those who are driving on that raod are arrested?
Click to expand...


My point is there is no clear defnition of arrest. A warrant is not necessary
optherwise many murderer are not arrested. Reading miranda right is not
necessary because cops may choose not read it until interrogation. Putting
into a jail is not necessary because if jails is too crowded and the offense is not that serios the cop may give you a citation letter and let you go.
 
sjn2003 said:
Neena;

I had 2 tickets. Atlanta DO. I had declared it originally in the form and the IO asked for proof of payment. Everything wen smooth.

WBH.
With all the due respect. Let us use an appropriate thread for debating a topic. Also please try to avoid discussions that sound as if they are 'just for argument' sake.This topic is to address concern of an anxious immigrant and please start another thread for debating what you consider an arrest is.

Peace.
Click to expand...

Couldn't agree more with sjn2003. Some times we get carried away with arguments that related less to the topic.

Nina1980:

I did decalre the traffic tickets in the original petition. I go another one on my way to florida after I submitted the petition. I am intending to inform the IO about it, eventhough he/she may not ask about it. In my case I do not see a problem as the third traffic ticket was issues after the petition.

I respect those who chose not to mention petty traffic tickets. However My advise will be to declare it at the time of interview if you want to- eventhough, you did not disclose it originally. I do not see a problem with this as interview is the time when you can modify any other information. You may want to come up with a good explanation otherwise it may look as if you did hide a fact.

RICK92, BOBSMYTH, VORPAL, JOHNYCASH and other experts please correct if I am wrong.
 
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Nina1980 said:
I have filed for my N400 in November. FP is done and interview is scheduled for March 2009. DO is Atlanta, GA.
I had 2 traffic speeding tickets before I applied. One in 2004 and another one in 2007. Both did not require court appearance and the fine was $123. PAID IN FULL.
Now a few days after I applied, I got another speeding ticket from another state ($203 paid that one too), making the count 3 altogether (in my entire 'driving-history').
I did not know that I had to declare minor traffic tickets. After reading several threads from this forum, I am thinking maybe I should've.
I never committed anything illegal or immoral in my entire life (yes I am very certain!).I never even had to visit a police station.
I want to make my N400 petition the most bullet proof possible.
Now, is it too late to declare it? If I want to declare it at the interview, would it be considered a willful misrepresentation of a material fact since I omitted the info in the initial application?
Or am I inviting extra trouble? Some of my friends suggest that I am worrying just too much. Since I did not mention it initially why invite trouble they say. Most of them did not declare any and have become successful citizens years ago.
I know it sounds petty. The topic has been discussed several times before. But this great forum is here to address the anxiety and pettiness of many who opted in the LEGAL path over the ILLEGAL.
Anybody- especially in Atlanta DO, who had at least 2 tickets and who did not list it in the original form, however declared proactively during the interview.... !
Please state your experience. And kindly, advice is NEEDED INDEED!
Click to expand...

I would say do not worry too much about the ticket(s), but If possible try to get the receipt and the summon that you were issued. Present them to the IO when specicically asked for traffic tickets.

I was told by my IO that traffic violation is not abig deal but He did looked at my summons and receipts. Being truthful is important so keep the dopcumentation but do not blurt these ticksts out if not asked.

vik_b

I am just a layman not a lawyer, please treat my comments appropriately

PD July 08
FP Aug 08
IL Oct 08
I and Oath Nov 08
 
Life in the slow lane

Nina1980 said:
I want to make my N400 petition the most bullet proof possible.
Click to expand...

Nina1980, as others have said, you're fine. The most important, try not to get any new tickets before your interview and, preferably, until oath! These are the real bummers - not enough time to take care of them to present to CIS.
 
When the IO asks you the question about have you ever been cited during the interview you can answer "Besides a few minor speeding tickets that have been paid, no I haven't". That way you cover yourself by declaring them, yet you don't make it too much of a point.
 
Bobsmyth always has the best answers. You should consider becoming an immigration lawyer.
 
Vorpal said:
Incorrect. At best, it's being detained.

Here's a link to a legal definition of arrest: http://legal-dictionary.thefreedictionary.com/arrest
Click to expand...

If the IO ask such a question during the interview, he should repeat that question on N-400 form
word for word: "Have you been arrested, cited, or detained for violations .....". This question
cover "arrest cited and detained". There is no need to differentate between
arrested, cited, or detained.

Sometimes a cop pull you over and only give you an oral warning and let you go. Then
you can treat it like it never happendd.
 
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newlife9 said:
Originally Posted by Usher
Bobsmyth always has the best answers. You should consider becoming an immigration lawyer. I agree with that:)
Click to expand...




Bobs my th man!.;)

Way to go Bob!:). And others for their for their selfless efforts to help thousands of newbies like me.

REALLY APPRECIATE IT.
 
Nina1980 said:
Now, is it too late to declare it? If I want to declare it at the interview, would it be considered a willful misrepresentation of a material fact since I omitted the info in the initial application?
Click to expand...
No. It is common for people to make mistakes or forget information on the initial application, and they allow corrections and additions at the interview without penalizing you for it (except the possible "penalty" of a delay if the new information requires additional investigation ... simple traffic tickets normally won't).
 
Jackolantern said:
No. It is common for people to make mistakes or forget information on the initial application, and they allow corrections and additions at the interview without penalizing you for it (except the possible "penalty" of a delay if the new information requires additional investigation ... simple traffic tickets normally won't).
Click to expand...

I think Jackolantern has a point. If you are so 'picky' ;), Interview is the last ditch to come clean . But then again, I am the least perfectionist :D

Do they update the document/computer with the new information from the interview ?.
 
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