More than 15 traffic tickets in the past five years, worried about naturalization interview

[Vorpal]

1/2 ticket a year should have never created any issue, unless all 4 tickets were received within a few months before the interview. So that case denial was definitely a IO mistake. The discussed situation is less obvious, since 9 tickets in 5 years can harldy be considered normal unless you commute in downtown NYC daily. So, I believe it may cause an issue during the interview. If denied, can it be successfully appealed? Possibly yes, but not necesserily.

Here's an interesting fact about NYC. Traffic violations issued within the city limits are under the jurisdiction of Traffic Violations Bureau, which falls under the umbrella of NYS DMV. The TVB purges its records every January 1st. Records of all tickets that were issued at least 36 months prior to the purge date are permanently deleted, as if they never existed in the first place. Let's suppose an applicant receives a ticket in July 2006, pays the fine in cash, throws out the receipt a few months later, and forgets all about it. On January 1, 2010, records of this ticket would be purged. The applicant contacts the DMV to request records of this ticket, and receives a response that no records exist. If the applicant chooses to disclose this ticket and cannot provide proof of payment and/or court disposition, and unreasonable IO (a la nyc_newbie's IO) would have a field day.

However, I would agree with you that the naturalization process is not very well formalized and relies too much on a particular IO understanding of law when it comes to grey areas.

Herein lies the root of the problem. For this very reason, the question of traffic tickets is still being discussed on this forum. I've been a member for almost 5 years, and this is probably the most frequently asked question here.

 

[kklarry]

9 tickets in the past, one is above $500, worry about the Naturalization interview?

I used to live in State A, State B, State C.

I have about 10 tickets.

I have first ticket in 12/2006 and then two in 06/2007, all three are speeding. The first one is out of state ticket, it was none of the three states I used to live. I used state A driver license. I paid the money, it was closed. then second ticket was in State B and I used State B driver license and paid the money. the third ticket was in State A, I used State A driver license and paid the money. Then I moved to State C and got a State C driver license.


All the rest of the tickets happened in State C and I always used State C driver license. The fourth ticket was improper lane change, I took traffic school. The fifth and sixth are red light and I took traffic school. The seventh also red light, I paid the fine. The eighth was driving on carpool lane when I was by myself. I paid the money and took traffic school because it was 18 months later. and today I went to the court and got the court disposition paper for the eighth ticket and I found the ticket was more than $500. It was about $700. I didnt remember it was more than $500, now it is a big deal now!! the ninth ticket I went to court and I won, judge dismissed the case. The 10th ticket is police said I didnt park 6 seconds behind stop sign. I paid the money and took traffic school.


Before 12/2006, I didnt have any tickets.

Now with one ticket more than $500, Should I get an immigration lawyer? Now I felt my chances are really slim to pass the interview.

Can gurus give me some advice on this ? thanks a lot!!

 

[baikal3]

I used to live in State A, State B, State C.

I have about 10 tickets.

I have first ticket in 12/2006 and then two in 06/2007, all three are speeding. The first one is out of state ticket, it was none of the three states I used to live. I used state A driver license. I paid the money, it was closed. then second ticket was in State B and I used State B driver license and paid the money. the third ticket was in State A, I used State A driver license and paid the money. Then I moved to State C and got a State C driver license.


All the rest of the tickets happened in State C and I always used State C driver license. The fourth ticket was improper lane change, I took traffic school. The fifth and sixth are red light and I took traffic school. The seventh also red light, I paid the fine. The eighth was driving on carpool lane when I was by myself. I paid the money and took traffic school because it was 18 months later. and today I went to the court and got the court disposition paper for the eighth ticket and I found the ticket was more than $500. It was about $700. I didnt remember it was more than $500, now it is a big deal now!! the ninth ticket I went to court and I won, judge dismissed the case. The 10th ticket is police said I didnt park 6 seconds behind stop sign. I paid the money and took traffic school.


Before 12/2006, I didnt have any tickets.

Now with one ticket more than $500, Should I get an immigration lawyer? Now I felt my chances are really slim to pass the interview.

Can gurus give me some advice on this ? thanks a lot!!

First, please clarify whether you have already filed N-400 or are just planning to file it. If you have already filed N-400, did you disclose any tickets in the N-400 form and did you disclose that car pool lane ticket?

Second, I could not unparse your sentence "The eighth was driving on carpool lane when I was by myself. I paid the money and took traffic school because it was 18 months later." What does "because it was 18 months later" refer to? Do you meant that you did not pay the ticket for 18 months after getting it?

Third, do you know why the fine for the carpool lane ticket was so high? A $700 fine for a non-DUI ticket sounds rather unusual. Which state exactly did you get that ticket in? Which specific code violation (which should me mentioned, by number, in the court disposition papers) were you charged with for that ticket? I'd try to find out how exactly the state where that ticket was issued classifies the offense in question.

 

[kklarry]

Of course I already had filed N-400, that is why I went to traffic court to get disposition paper.

in our state, you can do traffic school in every 18 month. That what I refered. I always pay my ticket on time.

In my current state, our ticket price is high, easily $486 for red light ticket. Other state maybe just $100.

 

[baikal3]

Of course I already had filed N-400, that is why I went to traffic court to get disposition paper.

in our state, you can do traffic school in every 18 month. That what I refered. I always pay my ticket on time.

In my current state, our ticket price is high, easily $486 for red light ticket. Other state maybe just $100.

Which state exactly do you live in?
And what was the code of the offense for the car pool lane ticket?

I am not asking out of idle curiosity but because you need to provide this information here if you want to get substantive advice. Different states classify various kinds of traffic violations differently.
Some particular kind of a traffic violation may be classified as a minor administrative offense in one state but a misdemeanor in another state.

 

[malia]

Trafic Tickets in every state you lived & taking classes to close TT issues, is it not GMC problem?

I used to live in State A, State B, State C. I have about 10 tickets.

kklarry, In USA most of the states say that "driving is privilege and not right". Sorry to say but repetitive traffic violation in every state you lived and taking traffic classes to close all those TT problems, is it not a GMC problem?

 

[olddude]

Malia,

Not really. I know of few states where cities manipulated traffic light changes from Green to Red with Orange/Yellow being shortest of time; just to make money out of Red light violations. Red light violations do not accrue points in most states, hence seen as revenue stream in current economic times.

Also, speeding violations; I know personally couple of friends who got speeding tickets for going 2 miles over speed limit; yep, that's 2 miles over the limit (e.g. on 60 mph limit, driving at 62 mph). And I know lot of people who habitually speed 15-20 mph over the limit and never have had any tickets. I guess it all depends on budget and targets police officers have to meet for any given month and what time of that month one chooses to violate posted speed limit.

As someone earlier suggested, IOs have way too much discretion in approving cases; without any clear guidance regarding traffic tickets from USCIS.

Unless OP posts all details regarding speeding tickets and other tickets as well, I wouldn't jump gun and question GMC.

 

[Vorpal]

Malia,

Not really. I know of few states where cities manipulated traffic light changes from Green to Red with Orange/Yellow being shortest of time; just to make money out of Red light violations. Red light violations do not accrue points in most states, hence seen as revenue stream in current economic times.

Also, speeding violations; I know personally couple of friends who got speeding tickets for going 2 miles over speed limit; yep, that's 2 miles over the limit (e.g. on 60 mph limit, driving at 62 mph). And I know lot of people who habitually speed 15-20 mph over the limit and never have had any tickets. I guess it all depends on budget and targets police officers have to meet for any given month and what time of that month one chooses to violate posted speed limit.

As someone earlier suggested, IOs have way too much discretion in approving cases; without any clear guidance regarding traffic tickets from USCIS.

Unless OP posts all details regarding speeding tickets and other tickets as well, I wouldn't jump gun and question GMC.

Exactly. NYC is one of the municipalities that installed red light cameras. Not only did studies show that the amount of time between the light switching from yellow to red has notably decreased, but that rear-end collisions increased at intersections with red light cameras.

With regards to GMC, there are individuals who automatically believe that a law enforcement officer's word is gospel, and that the recepient of a ticket is guilty until proven innocent. Personally, I don't believe that doing 62 mph in a 60 mph area constitutes poor moral character. I also have friends who received similar tickets (one for doing 62, the other 63 - both in 60 mph zones). Typically, these tickets are dismissed, if the recepient presents his/her defense correctly; however, it's a big hassle to take time off work, prepare the defense, and go to traffic court. Unfortunately, some people would rather pay the ticket than deal with the hassle.

 

[kklarry]

Consulted a lawyer and here what the lawyer say

On the question on the N-400 where it asks if you have ever been cited, arrested, etc., I would suggest you put "YES".

Then attach a sheet of paper "ADDENDUM" and indicate on it that you have had traffic violations and attach a copy of your DMV records for each state with the citations that are on record and just leave it at that. Let the DMV record do the "talking".

I don' think what shows up on the record is going to make you ineligible for natz. And there is no need for you to list all the tickets you have ever received. If questioned at the interview about whether you have any other tickets you can say what you recall but that ypu have no record of them but the DMV report. I just suggested you say you received them but couldn't remember the exact record and they don't show on the DMV report.

If you answered ‘ Yes’ to any of Questions 15 through 21, complete the following table. If you need more space, use a separate sheet of paper to give the same information.

Why were you arrested, cited, detained, or charged?


Date arrested, cited, detained, or charged?

(mm/dd/yyyy)


Where were you arrested, cited, detained, or charged?

(City, State, Country)


Outcome or disposition of the arrest, citation, detention, or charge(No charges filed, charges dismissed, jail, probation, etc.)

Stop sign


01/2012 State C driver record


State C


traffic school

Traffic Ticket


10/2010 State C driver record.


State C


went to court, I won, Judge dismissed the case

Driving on Carpool lane


10/2009 not on any driver record, but it was $700


State C


traffic school

Speeding Tickeet


06/2007 State B driver record


State B


Paid ticket

Speeding ticket


12/2006 State A driver record


Out of State


paid ticket

There some other minor tickets, non DUI, non drug related and under $500, didnt have record, too long ago, didnt remember details.

I attach the State A, State B and State C driver record and then the court disposition paper for that $700 ticket.

If I do like that, USCIS wouldnt say I conceal information?

 

[-me-]

I just suggested you say you received them but couldn't remember the exact record and they don't show on the DMV report.

This is a bit risky. If the officer suspects you try to hide something, your case will be put on additional review and investigation. So, it all depends if you are a good lier Just bear in mind, that the officer interviewing you is pretty much the same person who deals with immigration marriage scam daily. They are very well trained on getting information from people like you and me, no matter how friendly they are with you.

 

[kklarry]

This is a bit risky. If the officer suspects you try to hide something, your case will be put on additional review and investigation. So, it all depends if you are a good lier Just bear in mind, that the officer interviewing you is pretty much the same person who deals with immigration marriage scam daily. They are very well trained on getting information from people like you and me, no matter how friendly they are with you.

I asked the lawyer again, here is what the lawyer says

"I have already covered this. I have nothing more to add and will opt out.

I have been doing immigration law EXCLUSIVELY for 33 years! You don't need to tell me what they are trained at as I know them all too well. Many have become personal friends over the years.

I suggested how I handle things and it has never been considered deceptive practice.

The choice is yours."

I will probably still list all the traffic tickets I had, just to be on the safe side.

 

[-me-]

If still concerned, try and ask another lawyer to get a second legal opinion on the matter. You can definitely follow the lawyer's advise, but that guy is better to be present with you during the interview if things gets screwed up. My personal recommendation is not to play smart a$$ with IO.

 

[WBH]

My advice is forget about asking a lawyers. Go to ask USCIS because it is them who will make a decision.
How do you ask USA? Fill up a form called N400 and write a consultation fee check of about $ 675 .
In several month you will get an defnition 100% corrrect answer