How Should I answer Q-23 Part 10 on N-400

Besides the testing the purpose of the interview is to bring all the information on your N-400 up to date mainly your criminal background information, since a lot of things could have happen since you applied for citizenship, let alone after the finger prints and FBI name check been cleared.

Remember when you file your N-400 you are not under oath but that doesn’t mean that knowingly you have a leeway to mislead the USCIS; Hence, to clear any mistakes and misunderstandings, during your interview remember your under oath at this time, the IO will mainly repeat the questions which the answers are in conflict with their findings on your N-400 in most cases citations, arrests…etc.

Now under Oath you are given a chance to clear all the mistakes, misunderstandings and what have you. If something is relevant for a decision making such as a FELONY or MISDEMEANOR Charges. Before a final decision is made I am assuming if the IO suspects that you were trying to mislead the USCIS you basically are done and at the and of the interview you won’t even get the N-652 the IO will just hand you a denied notice but on the other hand if you are luck enough you may get the form N-652 pending decision and later on a mail requesting more evidence such as court final disposition, fines…etc. If they will deny your case in most case scenario you’ll receive the notice two weeks after the interview.

A felony and misdemeanor depending on the level if is not disclosed on the N-400 can cause serous problems. Infraction I let you guys school me on this one.
 
baikal3 said:
Sounds to me like you need to talk to an immigration lawyer before submitting an N-400 application. Your situation is sufficiently complicated to require professional advice.
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For my own sake..I think I need one...money is not an issue...I will hire one next week
 
Bobsmyth said:
Because he disclosed it at interview by changing answer about arrest to YES on application. USCIS incorrectly denied him. A FOIA request of his previous application would show that he answered YES and initialed it.
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Thanks Bobsmyth...you make a lot of sense...but I will hire me a lawyer...
 
Wavejazz1 said:
Remember when you file your N-400 you are not under oath
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The N-400 requires the applicant to sign a sworn statement that basically states the information provided is true and correct.
In the OP's case, he answered NO to arrest question and signed sworn statement. At interview, the IO went over the question with applicant.
If the applicant requested to change the answer to YES before the IO drilled the applicant on the question, then it would be considered self disclosure and not an issue.
However, if the applicant doesn't change the answer until only after the IO the drills the applicant on the question (IO repeatedly asks are you sure you weren't ever arrested, because we have your name check here), then it's seen as withholding information.
In the OP's case, USCIS denied application due to withholding a previous arrest thereby suggesting that the OP did not openly disclose it before the IO went over the question. It may have been an honest mistake on OP's side, but a costly one in the end.
Looking at it from this prospective, the OP would answer YES to Q23 and provide the explanation of what happened. Either way he answers, he needs to provide an explanation of what happened at interview.
 
Bobsmyth said:
The N-400 requires the applicant to sign a sworn statement that basically states the information provided is true and correct.
In the OP's case, he answered NO to arrest question and signed sworn statement. At interview, the IO went over the question with applicant.
If the applicant requested to change the answer to YES before the IO drilled the applicant on the question, then it would be considered self disclosure and not an issue.
However, if the applicant doesn't change the answer until only after the IO the drills the applicant on the question (IO repeatedly asks are you sure you weren't ever arrested, because we have your name check here), then it's seen as withholding information.
In the OP's case, USCIS denied application due to withholding a previous arrest thereby suggesting that the OP did not openly disclose it before the IO went over the question. It may have been an honest mistake on OP's side, but a costly one in the end.
Looking at it from this prospective, the OP would answer YES to Q23 and provide the explanation of what happened. Either way he answers, he needs to provide an explanation of what happened at interview.
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Hi bob,

According to your answer, if want to disclose something that I didn´t put in in N400:
- I want to disclose a volunteer donation of my car to an association, AAA membership, mothers agains drunk driving.
- In addition, traffic citation(red light) and parking ticket.

Well, what is the best moment to do it?. It is better to do it once it is starting the interview and say I want to update 2 questions or is better to wait until the IO ask something related to that question. The thing is that if you are not asking about it because you are wating to being asked that question and you don´t disclose it you could be denied because of witholding.

So Please what do you thing it is the safest way??.
I really appreciate your answer.
Thanks
 
iceway said:
- I want to disclose a volunteer donation of my car to an association, AAA membership, mothers agains drunk driving.
- In addition, traffic citation(red light) and parking ticket.
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ok, let's stay real here, iceway :)
for Part 10. B. 8., you do not have to list passive memberships to consumer associations like AAA or donations to regular 501(c) organisations. But I would list memberships to parties that are outside of US mainstream political spectrum and affiliations where I had active and policy-making roles:
E.g. on my application, i did list director/board memberships (clubs, HOAs, etc.) and that i have been a commissioned officer in my native country's army. At the interview, the IO didn't even stop and bother to ask a single question on this section.

Re: parking ticket: this has been discussed at length, non-moving tickets *aren't* citations so they are of no interest to the IO (unless one has heaps of *unpaid* parking tickets, at which point this could maybe become an indication of lack of GMC, if the USCIS would even follow such a paper trail). So no need to disclose parking tickets on your N400 or at the interview.

Red light tickets, if issued by an officer (and NOT an automated traffic camera which is not considered a citation in most states, also as discussed before), can be of interest for some IOs, so have proof of payment at the interview, for your peace of mind. If you want to disclose this, mention that ticket to the IO at the beginning of Part 10 D GMC. I have no personal experience, but what I've read here, some IOs will maybe take a look if the fine is paid for and move on. Maybe a few might have you change and initial your answer to Q 16.
 
JPBoston said:
I respectfully disagree that he should answer yes to this question. By implication of this question, it is asking if you intentionally lied to gain a benefit. The OP corrected his error at the interview which is perfectly ok within the process. The application and its review is not finalized until the end of the interview and so in this case, the OP did not lie on his application because the factual info was corrected in time. If I was in kader's position, I would answer this question with a no and I would explain at the interview, only if necessary (i.e., if questioned about it), that I had completely forgotten about the incident at the time of first application but remembered in time and corrected at the interview but was denied saying I had lied on the app. Any rational IO will see that silliness of the original judgment and should ok it this time assuming there are no other compelling reasons to deny.
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Mr. JPCBoston: In the eyes of the USCIS, the guy lied intentionally because his application was denied based
on fact that he lied in his application.

You argue that the guy made an error in his application and corrected the error at the interview. This
correction never took place and it had taken place USCIS didn't accept it....

Your argument would have made sense if the guy is appealing against denial...now that is not the case.

The guy had his N-400 denied based on factiual error in his application and he is made to wait five years
and reapply.

And remember when he said no to the question have ever been arrested and he tried to explain his case
at the interview he was denied becuase it was too late...now there is no quarantee that they agree with him..
 
Bobsmyth said:
The N-400 requires the applicant to sign a sworn statement that basically states the information provided is true and correct.
In the OP's case, he answered NO to arrest question and signed sworn statement. At interview, the IO went over the question with applicant.
If the applicant requested to change the answer to YES before the IO drilled the applicant on the question, then it would be considered self disclosure and not an issue.
However, if the applicant doesn't change the answer until only after the IO the drills the applicant on the question (IO repeatedly asks are you sure you weren't ever arrested, because we have your name check here), then it's seen as withholding information.
In the OP's case, USCIS denied application due to withholding a previous arrest thereby suggesting that the OP did not openly disclose it before the IO went over the question. It may have been an honest mistake on OP's side, but a costly one in the end.
Looking at it from this prospective, the OP would answer YES to Q23 and provide the explanation of what happened. Either way he answers, he needs to provide an explanation of what happened at interview.
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That is my understanding....there is no other angle...one have to look at the case from the uscis perspective. In the eyes of the uscis, the guy lied in his application, and based on that the benefit sought (N-400) was denied...
 
fliflop said:
Faysal,

I want to clarify something.
If you say so what should I think about my case??.
I did my N400 application and I didn´t include traffic citation ( red light) and parking ticket. I didn´t include because I called to Customer Service and they told me that.
So, according to your opinion, If I say my traffic citation and parking ticket in the interview are they going to denie my citizenship or could I do anyway???. Because I didn´t lie, i follow customer service instructions.

Thanks
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Parking tickets have been discussed. they don't need to be disclosed. traffic violations tickets are for the most part civil penalty; they are not criminal; if unpaid though they can be crime....In your case, most the people list traffic fines in the N-400 and get certified court dispositon....

Now, you answered no to that question...I don't really know what the outcome would be...but if I were you I would get certified court disposition....talk to the Interviewing officer about it...
 
Hello forum
I forgot my previous password..I have not been active on the site..but I feel the need to come back and update you guys..I am returning as Kader_return..
I had appy back in june 2010 for my second time N400..Please refer to previous posts...first one was denied back in 2005...
I have retain a lawyer which cost me 2000 dollars...and I had my interview today in atlanta ga
My case was complecated..but at the end I believe it come down to whom interview you..
I had my oath today and I am a proud USC...interview was harsh...had to take a break after it..and my lawyer was a great help during the actual interview....I would like to thank everyone for their suggestion and specialy WBH for his harsh comment..but at the end...I could forward and enjoy my american dream...no deportation..no nothing..My range rover HSE my business...my family...my kids...enjoy life...contrary to mr WBH

anyway thank you....
 
kader_return said:
Hello forum
I forgot my previous password..I have not been active on the site..but I feel the need to come back and update you guys..I am returning as Kader_return..
I had appy back in june 2010 for my second time N400..Please refer to previous posts...first one was denied back in 2005...
I have retain a lawyer which cost me 2000 dollars...and I had my interview today in atlanta ga
My case was complecated..but at the end I believe it come down to whom interview you..
I had my oath today and I am a proud USC...interview was harsh...had to take a break after it..and my lawyer was a great help during the actual interview....I would like to thank everyone for their suggestion and specialy WBH for his harsh comment..but at the end...I could forward and enjoy my american dream...no deportation..no nothing..My range rover HSE my business...my family...my kids...enjoy life...contrary to mr WBH

anyway thank you....
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Mind recommending that attorney to others, who may need such help in Atlanta?
 
poongunranar said:
Mind recommending that attorney to others, who may need such help in Atlanta?
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The lawyer advise was to say yes on that controversial question..and then do an attachment....At the interview, when I responded yes ..IO was surprise..and ask what happen..and then I explain..at the end of interview, she said..." I recommend your case for approval..but a supervisor has to approve it.."..I waited two hours and then got my oath letter..and I come back...for the oath...I believe my lawyer had some kind of influence in the outcome because she is very known in the building....and at the end it come down to whom interview you...the lawyer is located in duluth ga....I could his info if requested...thank...
 
kader_return said:
The lawyer advise was to say yes on that controversial question..and then do an attachment....At the interview, when I responded yes ..IO was surprise..and ask what happen..and then I explain..at the end of interview, she said..." I recommend your case for approval..but a supervisor has to approve it.."..I waited two hours and then got my oath letter..and I come back...for the oath...I believe my lawyer had some kind of influence in the outcome because she is very known in the building....and at the end it come down to whom interview you...the lawyer is located in duluth ga....I could his info if requested...thank...
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Great Kader_Return. Well, I don't need it. May be if you can share it for others that is ok, or i guess, somebody reading this later will send you a private message for the same. Thanks and enjoy, dude.
 
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