Iterview passed. Confused and worried

Jackolantern said:
The media won't help you. If they ever go on another denaturalization rampage, it would be because of a heightened anti-immigrant fever in the country, like the fever that produced the 1996 retroactive law and the attempt to administratively denaturalize thousands in the late 1990s. Naturalized citizens who didn't list traffic tickets will get lumped in with those who lied about serious crimes, and the whole group will be painted as frauds who deceived the US government to get citizenship.
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The IIRA of 1996 caused a surge in naturalization applications.
The denaturalization "rampage" of the late 1990's was brought upon congressional concerns that some recent applicants were approved without proper background screening. The then INS issued NOIA (Notice of Intent to Revoke Naturalization) to thousands of applicants for non disclosure of crimes (which in some cases where previously disclosed during the LPR process) during the the naturalization process.

A class action suit was filed (Gorbach vs Reno) asking the courts to put a hold on these denaturalization proceedings until it can be decided if the attorney general has the power to denaturalize. The 9th superior court found that the power granted to the attorney general to naturalize does not carry over to the right to denaturalize citizens. The power to denaturalize was up to the federal courts, not the attorney general.



What convinces you that a next round of denaturalizations would result in non disclosure of minor traffic citations to be flagged when it has been shown over and over again that USCIS does not care about them? There is more evidence that they don't care about minor traffic tickets than there is about denials based on traffic tickets.
 
dms1 said:
The whole point is that, as you say, a few minor traffic tickets is of course not an indication of bad moral character. However, withholding information that is clearly asked for could very well be construed as bad moral character.
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It's not clearly asked.
At this point, why not updating the instruction saying: "Please note that you have to disclose ANY minor traffic ticket"?
Would make things easier.
I suspect that they don't care about traffic tickets but DWI and reckless driving (which I think are the only ones that involve either an arrest or a fine for more than $500). They just wrote the instructions in a confusing way.
Reading other people experiences, 99% of IOs laugh in your face or don't care at all about traffic tickets. Why would they do that if USCIS guidelines were clear?
 
Anuksha80 said:
Of course they did :p eve though I don't know if it had an effect on my character ;).

My parents always instructed me to to tell even the most unpleasant truth and then close my eyes, reagardless of no matter what happens. I try to keep it in fairly good deal of my life. I had what I thought was a very straight forward and genuine immigration case, including that of Labor Certification(!!!). Now at this point I feel like, I could've perfected at it. Then the life and reality the way we perceive are far from perfection :(. Aren't they? .
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I'm sure you have turned out to be an honest person with good moral character..failing to disclose a minor traffic citation is not a sign of poor character..lying to the IO if they specifically ask you abut traffic tickets is.
 
Bobsmyth said:
The IIRA of 1996 caused a surge in naturalization applications.
The denaturalization "rampage" of the late 1990's was brought upon congressional concerns that some recent applicants were approved without proper background screening. The then INS issued NOIA (Notice of Intent to Revoke Naturalization) to thousands of applicants for non disclosure of crimes (which in some cases where previously disclosed during the LPR process) during the the naturalization process.

A class action suit was filed (Gorbach vs Reno) asking the courts to put a hold on these denaturalization proceedings until it can be decided if the attorney general has the power to denaturalize. The 9th superior court found that the power granted to the attorney general to naturalize does not carry over to the right to denaturalize citizens. The power to denaturalize was up to the federal courts, not the attorney general.



What convinces you that a next round of denaturalizations would result in non disclosure of minor traffic citations to be flagged when it has been shown over and over again that USCIS does not care about them? There is more evidence that they don't care about minor traffic tickets than there is about denials based on traffic tickets.
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Bobsmyth is still the man...:D
Great points BOB.
 
Excerpts from the email from YET ANOTHER attorney who processed my GC. This Attroney and partner are very prominent in the AILA.

.....
.....
..Generally, traffic violations will not be a problem unless the offense was one that resulted in a related charge ( a DUI or reckless endangerment etc.). From your description it appears that you answered the questions honestly and I have no reason to believe that you will have any problems. If for some reason there would be, call or email me and we can address whatever issue would be raised by CIS. I don't expect that this will be the case.
.......
.......
I AM CONVINCED AT THIS POINT :) and I'm savin the mail.
 
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Bobsmyth said:
What convinces you that a next round of denaturalizations would result in non disclosure of minor traffic citations to be flagged when it has been shown over and over again that USCIS does not care about them?
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If minor traffic tickets are so unimportant and USCIS doesn't care about them, why is it such a problem to list them?
 
Jackolantern said:
If minor traffic tickets are so unimportant and USCIS doesn't care about them, why is it such a problem to list them?
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It comes back to the argument of why list something that they're not interested in. If it comforts you in listing them that's perfectly fine, but I don't see the point in instilling fear into others by suggesting that it can lead to potential denaturalization flag by not disclosing them.
 
Jackolantern said:
If minor traffic tickets are so unimportant and USCIS doesn't care about them, why is it such a problem to list them?
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It is not about listing or not listing. The question is whether it qualifies to establish 'a willful misrepresentaion of a material fact' or establish a basis for proving that a 'person' does not have good moral character .

I remember in one case the court granted citizenship to a person who did not disclosed a minor arrest record but the USCIS later found out. (Those who know about this specific case please update the details here). In the verdict, the judges made some remarkable points about the 'MORAL COMPASS'. They mentioned that the US Citizens are not expect to have perfect moral character, but 'Good Moral Character'. The court later on awarded citizenship to the plaintiff.

One can argue that more than two letters mispelled while listing ones children can cause a problem. (if there would be a problem with someone who did not know a traffic ticket is a citation or some one who misread the information about 'documenting' minor traffic fines to be disclosing. )
Everyone knows for sure, this question and the instruction are very misleading and can prompt one to make mistakes.
I think that's all you need for a good defense if one is required for the future.

Hey, pople are walking in the street freely after mass murder, what is it compared to some of the heinous crimes that are being committed everyday.

If those criminals get a 'due process' and ' will be presumed to be innocent until proven guilty', the folks I mentioned earlier will too - In the worst case if the this is ever brought up as an issue.

By the way Courts/ Judges (in general) are pretty much numb on issues like this, because they have seen people doing real bad stuff :D
 
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Hey Atlanta, I just realized that today is your oath day. How did that go? Anyway congratulations! Go celebrate it man.
 
I also spoke with an immigration lawyer earlier today in Washington D.C. and followed up on the specific issue of disclosing speeding tickets on the N400 form and the implications of not doing so. He assured me that there was absolutely no way immigration would revoke a citizenship based on nondisclosure of minor traffic tickets under $500. He told me flat out that he esitmates that there are about 500,000 naturalized citizens that have not discolsed speeding tickets on their applications. It would be impossible for the government to review each case and prosecute succesfully. He told me that jackolanterns concerns are nonsense and nobody would dare to denaturalize someone because of traffic tickets. It ain't happening! If they would push forward with denaturalization of 500,000 people, the economy and/or society would never tolerate such a move. He also told me that he has not heard of one case where a citizen got denaturalized based on nondisclosure of speedig tickets.
 
mpotturi said:
Hey Atlanta, I just realized that today is your oath day. How did that go? Anyway congratulations! Go celebrate it man.
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Thank you All. "I am Americcaa..." :) . Took the oath and everything went real smooth. I will post my experience in detail later.
 
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