Mentioning traffic violation??

Bobsmyth said:
Don't you mean straight from the horse's ars since IOs are so inconsistent it's impossible to tell what the policy actually is.;)
Click to expand...

Funny! Well if it's a nice officer, he may point me to some memo that was released and should be public. Then we can save Mr. Rajiv Khanna some hard drive space by ppl not asking to include traffic tickets or not.
 
If there exists such a memo, then it will be great. If not, then his/her response on whether to mention traffic tickets will not have any practical value to applicants.
 
bkhote said:
After reading advice here, I mentioned a speeding violation of 200$ on
my N-400. Now I got a letter ( yellow) from USCIS saying that I mentioned of arrest ( I didnt) so I have to get the original records now at the interview.

All I mentioned that I was Cited for speeding violation and a fine of 200$ was paid.

I got a driving records just in case.

I would really like to hear from those who got ticket and did not mentioned.
I mean , Is is really required to be mentioned?
Click to expand...

Recent facts - I did mention about my reqular traffic speeding ticket as we are supposed to declare all Citation (as too many citation affects your moral character) I took a payment proof copy from RMV for my interview and provided a copy when I asked about that - Yellow latter is standard template nothin to worry about the arrest
 
the guide for N400 says i quote

"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 only the penalty was a fine of less than $500 or points on your driver's license."

does this not tell us that its not needed to be mentioned if its not dui or of fine exceeding $500.00 in that case whats the need for the needless overhead?
i am not disclosing mine.i'll let you know how it goes when its my turn before the IO. mine was a fine of $305.00 for speeding.

the m476 , quotes
"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"



does these not answer the question? whats the misrepresentation we are talking about?



courtesy :

1) http://www.uscis.gov/files/form/N-400ins.pdf

2) This is an icon describing the mood of the topic or describing information contained in the topic. For more info on icons, read our FAQ. posted June 25, 2009 12:26 AM Click Here to See the Profile for citi.zen Reply With QuoteEdit or Delete MessageFor the Traffic violation related info, the link would be:

http://www.uscis.gov/files/article/M-476.pdf

It's on chapter 4, page 25.
 
Last edited by a moderator:
bkhote said:
After reading advice here, I mentioned a speeding violation of 200$ on
my N-400. Now I got a letter ( yellow) from USCIS saying that I mentioned of arrest ( I didnt) so I have to get the original records now at the interview.

All I mentioned that I was Cited for speeding violation and a fine of 200$ was paid.

I got a driving records just in case.

I would really like to hear from those who got ticket and did not mentioned.
I mean , Is is really required to be mentioned?
Click to expand...

Bro, I have my interview today, The IO asked if I don't have DUI? I believe the deal here is, traffic violations that are not DUI related, need to be mentionned, but have no negative effect in the naturalization process.
 
frantzcharles2 said:
Bro, I have my interview today, The IO asked if I don't have DUI? I believe the deal here is, traffic violations that are not DUI related, need to be mentionned, but have no negative effect in the naturalization process.
Click to expand...

Bro, u mean u have the interview today(future) or had it already?

Iif the m476 and naturalization guide says, if its not dui related and and if the fine is not more than $500.00 and /or points on the license it doesn't have to be mentioned, then whats the big idea in mentioning it in the first place ?
 
Last edited by a moderator:
Sree, read carefully. It does not say they don't have to be mentioned. It's stating you don't have to provide any documents like court disposition unless DUI or fine over 500.

The devil is in the details just ask mr "I did not have a sexual relationship" Clinton.
 
wantmygcnow said:
Sree, read carefully. It does not say they don't have to be mentioned. It's stating you don't have to provide any documents like court disposition unless DUI or fine over 500.

The devil is in the details just ask mr "I did not have a sexual relationship" Clinton.
Click to expand...

i got you loud and clear, the message is quite clear, i guess the example did the trick , thanks wantmygcnow

:D:):D
 
finally some support for me and my views . Over the last some months I have been trying to drive this point home that the details are clear " Have you ever been cited , arrested ..... " includes disclosing traffic tickets from a technical and legal point of view. The tickets unless they are DUI related have no bearing on the good moral character. As long as the fines have been paid and there are no arrests there is no issue with n-400to . even if there a denial based on traffic tickets that will be Surely overturned on appeal either by DO or federal courts.

What is more risky is not to disclose and get caught in the misrepresentation of facts on n-400. that can definitely lead to n-400 denial. Although , I cant cite a casse law that suugests that case wass denied because the traffic tickets were not disclosed but there is enough case law to suggest that misrepresentation of facts is the most common reason for denial apart from fraud, criminal issues and illegal entry

Having all said that I m biased towards disclosing the details and I did and there were absolutlely no issues , no questions asked . But I will say this that to disclose or not to disclose is a personal choice depending on what level of risk a person is comfortable with

regards
 
BostonCool said:
Recent facts - I did mention about my reqular traffic speeding ticket as we are supposed to declare all Citation (as too many citation affects your moral character)
Click to expand...

There was a Supreme Court case whose decision stated that minor traffic violations, no matter how many, do not affect moral character.

Here's an interesting website, outlining an amendment to the Naturalization Reform Act.

http://commdocs.house.gov/committees/judiciary/hju58800.000/hju58800_0f.htm

Take a look at subsection 2.

SEC. 6. INTERVIEW FOR NATURALIZATION.
(a) IN GENERAL.—Section 332 of the Immigration and Nationality Act (8 U.S.C. 1443) is amended by adding at the end the following:

Page 20 PREV PAGE TOP OF DOC
''(i) The examination under subsection (a) shall include a personal interview of the applicant, conducted by an employee of the Service who—
''(1) shall require the applicant to demonstrate the ability to speak and understand words in ordinary usage in the English language, in accordance with section 312(a)(1), unless the applicant is exempt from the requirements of such section pursuant to section 312(b);
''(2) shall require the applicant to describe any criminal law violations, other than minor traffic violations, for which the applicant has ever been arrested, charged, convicted, fined, or imprisoned, or which the applicant has committed but for which the applicant has not been arrested, charged, convicted, fined, or imprisoned; and
''(3) shall verify each statement or representation made by the applicant in the written application for naturalization, and in any documents submitted in support of the application, and shall examine the applicant to determine whether the applicant has willfully made any false statements or misrepresentations, or committed any fraud, for the purpose of obtaining United States citizenship.''.
 
I had contacted the INS and asked them about the tickets and they said don't bother to mention them if they weren't DUI/or over $500. I talked to my lawyer and he said the same thing, so I didn't mention them.

In my interview, the IO asked if I had ever been in court. I told him twice and he asked why. I told him one was for speeding and the other was a rolling through a stop sign. All tickets in that city were automatically court cases regardless (they since stopped the practice). He just asked me (since I never mentioned them on the N-400) if they were DUI or either one over $500. I said no, and that was it, on to the other questions and I got approved...
 
warlord said:
I had contacted the INS and asked them about the tickets and they said don't bother to mention them if they weren't DUI/or over $500. I talked to my lawyer and he said the same thing, so I didn't mention them.
Click to expand...

I also called the USCIS and asked them the same question. They told me the same thing.
 
conclusion

guys so whats the conclusion?

A) mention the speeding ticket, and dont bother to produce documents as its less than $500 .00 ?

B) dont bother to mention the speeding ticket or court summons regarding that?

C) mention the speeding ticket against the question of being given a citation or summoned to court/arrest and produce the document that shows its paid off ?


I had a ticket, i know it waw 305.00 i forgot which county or court it was as it was a year and half ago and in another state, to avoid the hassle i just mailed the fine pleading guilty :(
 
Get your driving record and then it's up to you to mention it or not. My advice is to mention it with which the io will ask you if it's DUI and/or over $500. Once you say it's not those, he will move on.
 
but the driving record will just tell wheather you have points or not and how many you have, nothing more
 
Your driving record will show you the ticket and the offense and the points deducted. With that you can find the county that issued you and get a court disposition if you wish.
 
You must log in or register to reply here.
Top