Traffic tickets and naturalization (threads merged)

Baikal3,
What if the interviewing officer asks the applicant to list (under oath) all traffic citations he/she has ever received? Worse, what if he then demands proof of payment for all those citations? It just isn't worth it to circumvent the need to list them by using an older version of the form. Just my opinion.
 
I have a "legal plan" as part of my company benefits. It includes "telephone support" for immigration issues. As a result I contacted a lawyer while I was preparing my N-400 (she's a lawyer who works solely with immigration issues). She recommended listing every speeding (but not parking) ticket I had ever received. She cited that article referenced above.

As a result, I listed every ticket I had had over 30 years of driving (well less than a dozen). The largest fine was $165. I listed the approximate date, the infraction, the approximate fine and what the disposition was. I did not include any documentation with the application.

I got a copy of my state driving record (I have lived in TX for 7 years) (interestingly, it only showed one of the two tickets I have had in TX). It showed that I currently had a "clean" record.

I brought that document plus the receipts for my last 2 (TX) tickets to my interview. The issue never came up.

It is also worth noting that the Oath Letter notice includes a list of questions on the back (similar to the N-400 Yes/No questions). That list includes an "arrested/cited/etc" question that specifically INCLUDES traffic tickets.
 
traffic violations proof of payment made

Friends,

I had got a speeding ticket in NY in the year 1995. It was for $175. It was NOT A DUI. I was NOT arrested. I called NY and they dont have record of my ticket since it is purged from the system after 7 years.

The instructions for the N400 form says that I dont have to show any documentation if the fine was NOT DUI and no arrest was made. Should I mention the ticket and in the interview tell the officer that I paid the ticket but there is no proof that NY can provide me since it is purged from the system ?

Thanks
-S
 
savithari said:
Friends,

I had got a speeding ticket in NY in the year 1995. It was for $175. It was NOT A DUI. I was NOT arrested. I called NY and they dont have record of my ticket since it is purged from the system after 7 years.

The instructions for the N400 form says that I dont have to show any documentation if the fine was NOT DUI and no arrest was made. Should I mention the ticket and in the interview tell the officer that I paid the ticket but there is no proof that NY can provide me since it is purged from the system ?

Thanks
-S
I was in the same situation. The court officer said I could get a screen print out and they certified it. This was in Ohio not in NY. They charge me a $2.00.

Call the court and ask for a screen print out.

As far as declaring it is upto you. Since it not DUI related and the fine was below $500.00 and there was no arrest involved, the decision to declare it is upto you. There are several threads about this subject. Some declare it and some don't.
 
If the record was purged from their system (being a similar situation, only in OH, in your case), how was it possible to get a screen print?

Regards.

sammy
 
Sounds like listing the tickets is a reasonable thing to do and there is no ambiguity. But if the application is not final until signed during the interview then bringing up the subject upfront should be ok also.

The question remains whether or not things can get slowed down because one lists his/her moving violations on the application, in which case I would rather not. I wonder if anyone's timeframe been affected by this - I am seeing record processing times in my district (I am in Manhattan=NYC)

Thanks all
 
samosa1 said:
If the record was purged from their system (being a similar situation, only in OH, in your case), how was it possible to get a screen print?

Regards.

sammy
Usually the record is not purged but is archived. This means that the record can be viewed on the computer screen (hence Screen Print) but cannot be sent as a Copy of the Court Disposition.
 
I could not find any older version N400 which explicitly excludes minor traffic violations. But I do have a copy of 2002 version, which did not mention any minor traffic violation at at all. Later on, they ADDED more instructions on page2 to advise explicitly that unless a trafficincident was alcohol or drug related, you do not need to submit documentation for traffic fines etc etc.

To me this revision of instruction indicated that the USCIS tried to exclude minor traffic violations from consideration, but they did not clearly say that you do not even need to list them on N400. This is the source of controversy which caused so much discussions on the net, even among professional lawyers.
 
Question on traffic ticket

I had a ticket a year ago for making an illegal turn, which I paid by mail. I think there was another ticket I got for not having one of the cards placed on the windshield. I paid for this as well. Ofcourse none of these were above 100 bucks. So should the answer to all the following questions be a "Yes". I know lots of people have similar questions posted and I have looked through all of those threads but I AM still not sure what to do?! Please advice !

Part 10:
15. Have you ever committed a crime or an offense for which you were not arressted ?
16. Have you ever been arressted, cited or detained ?
17. Have ever been charged with committing any crime or offense ?
18. Have you ever been convicted of a crime or offense
 
traffic tickets

I live in San Jose, CA

I went to DMV filled in a form and obtained my information for 5 dollars
The form is called 1125

It states
my name etc etc and prints out the list of offences and also has a section for
failures to appear (None) and a section for accidents

It is printed on DMV stationery .
 
I got a ticket few hours before the interview. I think I hold the world record in that :cool: . But didnt know what to do about it. any thoughts?
 
No. I was confused about it. Technically I got it before the interview and no ticket afterwards. I dont think the minor ticket will do any harm
 
I dont know how much this will help you. This is what I found.

http://immigration.about.com/library/weekly/aa070300b.htm

Question #6: I got a traffic ticket for speeding, do I have to tell INS about that in a citizenship interview?

Carl Shusterman: The N-400 application asks whether you have ever been arrested or convicted of a crime, "excluding traffic regulations," so you would not have to reveal a speeding ticket. However, if the offense were more serious, for example, driving under the influence of alcohol, you should not only reveal the arrest, but you should attach a certified copy of the arrest report to your application. It is important to stress, that all "arrests" must be revealed, even if they did not result in criminal convictions, were expunged or otherwise erased from your record.

Failure to reveal an arrest or conviction, no matter how minor, or how long ago the arrest/conviction occurred, may result in your application for naturalization being denied because you gave false testimony.
 
Hi,
Futureuscitizen, the info you proived from Mr. Shusterman is dated now because the new N-400 requests "including traffic violations"
Rafiq
 
Dear Rafiq,
Can you tell me where exactly in the new N400 form, or instructions, mention "including traffic violations" explicitly? I don't see it anywhere. If there is such a wording somewhere, this issue would not be such a controvercy.

Please reply.
 
Rafiq said:
Hi,
Futureuscitizen, the info you proived from Mr. Shusterman is dated now because the new N-400 requests "including traffic violations"
Rafiq


Please provide the citation for the traffic violations. Here is what I found

http://www.uscis.gov/files/form/n-400ins.pdf (2nd page or search for "traffic")

I am posting it from the section, 'What Do I Send With My Application?' :

For example, if you have been arrested or convicted of a crime, you must send a certified copy of the arrest report, court disposition, sentencing and any other relevant documents, including any countervailing evidence concerning the circumstances of your arrest and/or conviction that you would like USCIS to consider. Note that unless a traffic incident was alcoholor 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.
 
Saying yes on the form and providing documentation with the application are two different things. The discussion here is about how to answer the question to have you EVER... citation, arrest etc. No one is arguing about providing the documentation. But now where does the form say you don't need to say YES even if you got a citation.
futureuscitizen said:
Please provide the citation for the traffic violations. Here is what I found

http://www.uscis.gov/files/form/n-400ins.pdf (2nd page or search for "traffic")

I am posting it from the section, 'What Do I Send With My Application?' :

For example, if you have been arrested or convicted of a crime, you must send a certified copy of the arrest report, court disposition, sentencing and any other relevant documents, including any countervailing evidence concerning the circumstances of your arrest and/or conviction that you would like USCIS to consider. Note that unless a traffic incident was alcoholor 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.
 
After reading all the discussions on the traffic violations, I am leaning towards putting down a "NO" for the questions 15 - 18 in Part 10 of N400 form. I remember getting a ticket last year for an illegal turn and for not having the inspection sheet on the windshield and I have paid for those, however, I do not have any proof for it ! I might have to get that information from DMV. So I am thinking that maybe best would be to put down "NO" for the questions 15-18 but take the DMV Record with me to the interview. I think that putting down a "YES" might just arise questions if the form goes to an unreasonable (khadoos) IO. What say?
 
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