Question on Citations !

S

sai-2367

Registered Users (C)
All,
This is what NY DMV states:

Accidents, convictions, suspensions and revocations. Accidents, convictions for moving violations, and the suspensions or the revocations of your driver license remain on your driver record for these time periods:

* A moving violation conviction or an accident normally remains on a driver record during the year that the conviction or the accident occurred, and for the following three calendar years. (Note: The DMV uses the year when the conviction occurred, not the year when the violation occurred.)
* The DMV removes a conviction or an accident from a driver record on January 1 of the fourth year after the year of the conviction or the accident. For example, an accident or a conviction that occurred during 2003 remains on the driver record until January 1, 2007.
* A conviction that is alcohol-related or drug-related (for example, DWI or DWAI) remains on a driver record for exactly 10 years. If a driver is convicted of the same violation during that 10 years, the driver can receive additional penalties.
* There are other convictions and accidents of a serious type that can remain on a driver record for more than 10 years.
* A suspension or a revocation of a driver license that was not cleared or not terminated remains on a driver record indefinitely.
* A suspension or a revocation that was cleared or terminated remains on a driver record for four years from the date the suspension or revocation was terminated. (Note: The DMV uses the year when the suspension or the revocation was cleared or terminated, not the year when the suspension or the revocation began.)

Note: Employers and organizations frequently ask for a driver abstract that shows all the activity for the previous 10 or more years. The DMV cannot provide a driver abstract that shows information that is different from the information that is described above.
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Question: Other than DWAI or DWI and some serious accidents/suspensions (10 years), If someone forgets to mention a moving violation that occurred before 4 years, is there a way for USCIS to know that ? There is no record of it anyway ?
 
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sai-2367 said:
All,
This is what NY DMV states:

Accidents, convictions, suspensions and revocations. Accidents, convictions for moving violations, and the suspensions or the revocations of your driver license remain on your driver record for these time periods:

* A moving violation conviction or an accident normally remains on a driver record during the year that the conviction or the accident occurred, and for the following three calendar years. (Note: The DMV uses the year when the conviction occurred, not the year when the violation occurred.)
* The DMV removes a conviction or an accident from a driver record on January 1 of the fourth year after the year of the conviction or the accident. For example, an accident or a conviction that occurred during 2003 remains on the driver record until January 1, 2007.
* A conviction that is alcohol-related or drug-related (for example, DWI or DWAI) remains on a driver record for exactly 10 years. If a driver is convicted of the same violation during that 10 years, the driver can receive additional penalties.
* There are other convictions and accidents of a serious type that can remain on a driver record for more than 10 years.
* A suspension or a revocation of a driver license that was not cleared or not terminated remains on a driver record indefinitely.
* A suspension or a revocation that was cleared or terminated remains on a driver record for four years from the date the suspension or revocation was terminated. (Note: The DMV uses the year when the suspension or the revocation was cleared or terminated, not the year when the suspension or the revocation began.)

Note: Employers and organizations frequently ask for a driver abstract that shows all the activity for the previous 10 or more years. The DMV cannot provide a driver abstract that shows information that is different from the information that is described above.
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Question: Other than DWAI or DWI and some serious accidents/suspensions (10 years), does it matter if one had a citation or a moving violation before 4 years ? There is no record of it anyway ?
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The context of your question is not clear from your posting.

If it is pertaining to N-400 then it does matter. USCIS asks for citation/conviction/violation etc using the adverb "EVER". I think IO tries to decide the "morality of character" of the applicant based on such incidents.

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

It is not clear from your posting the contex of your
 
I went to the MVD to pull a 10-yr certified traffic record. I have nothing on it. I know I had tickets in the pass. I told them it was a mistake and they said they have no record of it. I called a city that I know I had tickets, they verified their records and told me they have nothing in file for me like I had no tickets int he pass. I can recall a recent one and still have data on it. But I do not know anything on my previous tickets if they were warnings or actual tickets. What do I do? When I am asked the question I know I can be truthful about the recent one, but I'm not sure about past ones. How can I be honest when I can't remember :( for real, I feel bad about this
 
My point exactly. I do not keep tickets that were 10 ~ 12 years old. Also, there is also no place that keeps records. Truthfully answering this question during interview can only lead to trouble, since I will then need to provide proof of it.
 
I called the 1-800 number for N-400 application and the lady on the phone mentioned that you need not mention traffic violations unless you were arrested or if your fines were over $500
 
I heard that often, but can't find the regulation on it. Does anyone have the Law Code Section, I will print it out and put with my interview documents. So if I get asked on my citation I will answer what I know and also have this to backup
 
As I have seen on this forum, it might be a good way to impress the IO by volunteering this information. Other than that, the IO cannot find out if there was a moving violation before 4 years.
 
amigo777 said:
I called the 1-800 number for N-400 application and the lady on the phone mentioned that you need not mention traffic violations unless you were arrested or if your fines were over $500
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This is closer to my scenario. I had one violation (fine <100$ and 5 years old) and I did not mentioned it in my original application. But after reading the posts and the N-400 application carefully I collected all the documentation regarding that fine (citation/ receipt). When IO was going over my application and asked " if I was ever ...." I said yes and told him that since the fine was lower than 500$ I did not mentioned it. I also showed him all the documents proving that I had taken care of that issue. He did looked at them carefully but told me that "minor traffic violation are not a big issue". I was approved by him.

I think at the very least an applicant should collect the evidence that citations have been taken care of. Ultimately it is the IO's judgement how important the auto accident(s)/issues are.

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
 
cregan said:
Curious on how do they find out about citations if MVD doesn't have record
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USCIS with the help of the FBI have access to very old records, even expunged and purged records. If they search hard enough they can usually find it, even if YOU can't personally obtain the records.
 
Jackolantern said:
USCIS with the help of the FBI have access to very old records, even expunged and purged records. If they search hard enough they can usually find it, even if YOU can't personally obtain the records.
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I agree with you that if it is a major case (e.g., terrorism etc) they might be able to get to it. Data is normally archived in tapes after the expiration period and a typical search is not made against the archives. I doubt whether they would ever spend system resources to check a moving violation.
 
Have you guys seen any thread/question on any immigration forum that talks about an IO having prior information on moving violations, that was not reported on N-400 form, during an interview ?
 
sai-2367 said:
Have you guys seen any thread/question on any immigration forum that talks about an IO having prior information on moving violations, that was not reported on N-400 form, during an interview ?
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They don't have that info handy nor do they care.
If the traffic is not DUI I don't think it matters. I know people who never mentioned any traffic tickets and still got citizenships. At the same time I have a friend whose wife got toll violation (by mistakenly going thru EZ lane) and he is asking me if he should disclose that. That all depends on individual people.
However, if you disclose this during interview, you won't be approved same day.
 
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jimgreener said:
they don't have that info handy nor do they care.
If the traffic is not dui i don't think it matters. I know people who never mentioned any traffic tickets and still got citizenships. At the same time i have a friend whose wife got toll violation (by mistakenly going thru ez lane) and he is asking me if he should disclose that.
Click to expand...

i hope this post serves its purpose. Guys, do not loose sleep over traffic violations if they are not major :)
 
sai-2367 said:
My point exactly. I do not keep tickets that were 10 ~ 12 years old. Also, there is also no place that keeps records. Truthfully answering this question during interview can only lead to trouble, since I will then need to provide proof of it.
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It''s highly unlikely they would ask you to provide records from 10 years ago let alone ask you to provide records of minor traffic infractions during the statutory period.
 
What is the statutory period for INS? The 3 yrs (based on IRS) or their 5 year? I think I got cited in a minor accident in 2003, but could not find documentation. yep, my record keeping got better :)
 
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