Questions on N-400 questions

[aaifor]

Hi folks,
I am filing N-400 next week and have some questions on the form. Can you please help?

Part 2. Information About your Eligibility
Mine is EB related GC and I have over 4 years and 10 months elapsed since I received my GC.

Should i select Option A? I have been a lawful permanent resident of the United States for at least 5 years
even though i lack 2 months. This is confusing because the guide to naturalization does say that you can file 3 months before your 5 years are over in case of EB cases. The predicament is I am signing the document saying this to be true.

(BTW, guide to naturalization mentions you don't need to send copies of documentation for traffic offenses unless they are alcohol/drug related or have more than $500 of fine)

Section D. Good Moral Character

16. Have you ever been arrested,cited or detained by any law enforcement officer

1. Is this the section where you mention traffic citations? (I did not have any alcohol/drug related traffic offenses or ones with over $500. )
   [*]Do you need to mention parking citations?
   [*] I had a parking ticket in 2003 though I don't recollect the date. Is it OK if i mention that and then state on extra sheet that I don't remember the date? (I doubt if the PD can pull up a traffic citation from over 9 years ago...)

 

[Marusia_GC]

1) You are still in the Option A in N-400: they will not schedule your interview earlier than full 5 years.
2) Parking tickets and other traffic-related tickets < $500 fines are not counted, if they are not related to any alcohol or drugs.

 

[sarwarmd]

correct

1) You are still in the Option A in N-400: they will not schedule your interview earlier than full 5 years.
2) Parking tickets and other traffic-related tickets < $500 fines are not counted, if they are not related to any alcohol or drugs.

i.e. correct!

 

[aaifor]

Thanks for helping guys.


While the documentation does not need to be sent for non drug/alcohol related traffic offenses < $500 they still need to be mentioned.

Correct?

 

[rjackal]

Thanks for helping guys.
While the documentation does not need to be sent for non drug/alcohol related traffic offenses < $500 they still need to be mentioned.
Correct?

My opinion is that you do not need to even mention them if you don't have documented proof that you paid them. Otherwise, later in the process, you're going to get a letter saying that you have to bring dispositions of your "arrests" (tickets) and then what are you going to do?

If you have proof that all traffic violations have been paid, then go ahead and mention them.

 

[baikal3]

1) You are still in the Option A in N-400: they will not schedule your interview earlier than full 5 years.

No quite correct: they can schedule an interview before the 5th anniversary of the LPR status, there have been quite a few cases of this kind reported in this forum. However, the naturalization oath won't be scheduled until after the 5th GC anniversary.

 

[Jackolantern]

No quite correct: they can schedule an interview before the 5th anniversary of the LPR status, there have been quite a few cases of this kind reported in this forum. However, the naturalization oath won't be scheduled until after the 5th GC anniversary.

Or on the GC anniversary itself.

 

[aaifor]

echoone 510-433-6161

My opinion is that you do not need to even mention them if you don't have documented proof that you paid them. Otherwise, later in the process, you're going to get a letter saying that you have to bring dispositions of your "arrests" (tickets) and then what are you going to do?

If you have proof that all traffic violations have been paid, then go ahead and mention them.

You have a good point rjackal.

However - IF I don't tell I had a parking ticket - would i be not of 'good moral character'?

I am prepared to talk about it in the interview - that so much time has elapsed that record has been lost. And if I hadn't paid, how would I renew my registration for the car? This is not something for which court records are kept; however I don't want to necessarily avoid it.

This is the question I am stuck at (The first one I get- i can apply 3 months before 5 years are up)

 

[aaifor]

My opinion is that you do not need to even mention them if you don't have documented proof that you paid them. Otherwise, later in the process, you're going to get a letter saying that you have to bring dispositions of your "arrests" (tickets) and then what are you going to do?

If you have proof that all traffic violations have been paid, then go ahead and mention them.

You have a good point rjackal.

However - IF I don't tell I had a parking ticket - would i be not of 'good moral character'?

I am prepared to talk about it in the interview - that so much time has elapsed that record has been lost. And if I hadn't paid, how would I renew my registration for the car? This is not something for which court records are kept; however I don't want to necessarily avoid it.

This is the question I am stuck at (The first one I get- i can apply 3 months before 5 years are up)

 

[rjackal]

You have a good point rjackal.

However - IF I don't tell I had a parking ticket - would i be not of 'good moral character'?

Parking tickets could not reasonably be classified as something that would indicate 'not good moral character'.

I found this public version of the USCIS Adjudicator's Field Manual. When you read about the types of things that preclude a finding of good moral character, minor traffic violations and parking tickets aren't even close.

http://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-22380/0-0-0-22999.html

"Murder, aggravated felony"
"controlled substance violations, prostitution, smuggling, gambling, and habitual drunkenness."
"Theft (petty and grand), forgery, and robbery"
"Spousal abuse and child abuse"
"Crimes against the authority of the government"
etc. etc.