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brightfuture

Registered Users (C)
Dear Immigration gurus,

I have a question on question 17 in the Good Moral Character section on Form N400, i.e., Have you EVER been charged with committing any crime or offense?

I received my immigrant visa and green card in 2000. In 1992, I was charged with rash and reckless driving in my home country, but was found Not Guilty. I have had no other brushes with the law since then, either in my own country or here in the US.

My question is:

1. Do I need to answer Yes to question 17?

2. If I have to answer Yes, do I need to produce court documentation etc to show the disposition of the case? This would be a problem as dealing with any official body in my home country is a tedious and time consuming affair, not to mention that I would have to go there and get it.

Please advise. Thank you.
 
HI

I think you need to consult a lawyer on this one to see if you HAVE to tell them. Generally I cant imagine it would be a problem if you told them , just a hassle as you suggest.

However , in general , when I got my Green Card I had to provide a police report from my home country . So I am wondring why this did not come up when you applied for the Green Card. Of course people get the GC through different routes so that may be the reason.

regards
 
brightfuture said:
Dear Immigration gurus,

I have a question on question 17 in the Good Moral Character section on Form N400, i.e., Have you EVER been charged with committing any crime or offense?

I received my immigrant visa and green card in 2000. In 1992, I was charged with rash and reckless driving in my home country, but was found Not Guilty. I have had no other brushes with the law since then, either in my own country or here in the US.

My question is:

1. Do I need to answer Yes to question 17?

2. If I have to answer Yes, do I need to produce court documentation etc to show the disposition of the case? This would be a problem as dealing with any official body in my home country is a tedious and time consuming affair, not to mention that I would have to go there and get it.

Please advise. Thank you.
Click to expand...
I wouldn't answer "Yes". But I would tell the interviewer about it (if he asks the question at the interview), and would try to get some documentation about any charges being dropped in case I need them.
 
Since you mentioned immigrant visa, I'm going to assume you obtained your permanent resident status via consular processing.

Isn't there a very similar question to this on the DS-230 Pt. II form that you would have completed at your CP interview??? How did you answer that question then???

This has a lot of bearing on your current question. If you answered "NO" on the DS-230 about whether you've been charged, when it appears your answer should have actually been "YES," then you have bigger issues than just what you should put on your N-400 form today. Remember, you would have sworn at the consulate that your information on the forms was accurate -- your moral character is certainly in question if you disclose now that you did not answer truthfully in the past. You should definitely consult an attorney on what to do (remember this form will be in your permanent immigration file already -- it was part of the IV packet that you brought back with you when you entered the U.S. to process your IV).

If you answered "YES" on the DS-230 form, then at least you can truthfully say you had disclosed this at the time of your IV interview and obviously your case was approved by the consular officer at that time; answer similarly on the N-400 and bring as much evidence as you can about the disposition of the charges.
 
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Reply to CanTex

Hello CanTex,

You are correct in your assumption. I immigrated to the US through family sponsorship. Before I attended the immigrant visa interview in my home country, I had to fill out a form called OF-230 Part I and II. I think it is now called DS-230 Part I and II. In any case, I am not sure whether the version used then (i.e. 2000), specified that traffic violations could be excluded or not. Does anyone know.

Secondly, I have no problem disclosing this on the N400 if required. What I fear is that the immigration officer will insist that I go back to my home country and obtain documentary evidence of my acquittal and place my application for citizenship on hold till then.

Any thoughts? Has anyone faced a similar situation?
 
brightfuture said:
Hello CanTex,

You are correct in your assumption. I immigrated to the US through family sponsorship. Before I attended the immigrant visa interview in my home country, I had to fill out a form called OF-230 Part I and II. I think it is now called DS-230 Part I and II. In any case, I am not sure whether the version used then (i.e. 2000), specified that traffic violations could be excluded or not. Does anyone know.

Secondly, I have no problem disclosing this on the N400 if required. What I fear is that the immigration officer will insist that I go back to my home country and obtain documentary evidence of my acquittal and place my application for citizenship on hold till then.

Any thoughts? Has anyone faced a similar situation?
Click to expand...

I did my CP around that time and know that the question was the same on the OF-230 version (I have a copy it that I kept). My attorney advised at that time that simple traffic tickets (like a speeding ticket) did not need to be disclosed on THAT form. Reckless driving is a pretty serious offense and is probably not in the same class as lesser traffic violations...
 
CanTex said:
I did my CP around that time and know that the question was the same on the OF-230 version (I have a copy it that I kept). My attorney advised at that time that simple traffic tickets (like a speeding ticket) did not need to be disclosed on THAT form. Reckless driving is a pretty serious offense and is probably not in the same class as lesser traffic violations...
Click to expand...

Hello Cantex,

I seem to be in a bind. You see, I do not remember what I wrote on my OF230 Part II, whether Yes or No. If I wrote No there and Yes on the N400, it would lead to alot of trouble. If I wrote Yes there and No on the N400, that would lead to trouble too.

Please advise as to what I should do. I want to do the right thing in the right way. Thanks.
 
brightfuture said:
Hello Cantex,

I seem to be in a bind. You see, I do not remember what I wrote on my OF230 Part II, whether Yes or No. If I wrote No there and Yes on the N400, it would lead to alot of trouble. If I wrote Yes there and No on the N400, that would lead to trouble too.

Please advise as to what I should do. I want to do the right thing in the right way. Thanks.
Click to expand...

My only advice is to be truthful at this time. Answer Yes on your N-400. Say you were charged with a driving offense in your home country before you got your green card but can't get records that it was dismissed (if excessive speeding was the basis of your charge, then just say it was a speeding charge). Say you can't remember if it came up during your CP but state that you know that with the N-400 they're asking you to disclose these kinds of issues. Leave it at that.
 
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