Jackolantern
Registered Users (C)
But the one about prostitution is a different question. For the questions about ever having committed an offense or ever being detained, legal prostitution would not change the answer to "YES".
Traffic tickets and naturalization (threads merged)
- Thread starter patel789
- Start date
I have had zero traffic tickets since I've been in the USA.
However, during my brief visits back to my home country, I did receive two speeding tickets. One was for doing 169km/hr in a 130km/hr freeway. The other was for driving on the left lane of the freeway when not passing. Both tickets were photo tickets which I received in the mail a week later. (meaning I was not pulled over or anything like that... the camear on the freeway took pictures of the car) I promptly paid both fines(USD$790 and USD$59, respectively).
I do have the ticket and payment receipt for both with me here. In my country of origin, all documents are printed in the native language as well as English, so it's pretty clear.
Is it necessary for me to bring them to my interview? I did NOT disclose it on my N400 form because they occured after I filed N400. The reason I'm asking is that I read somewhere that a traffic ticket over $500 needs to be disclosed... but I'm not sure if that applies to foreign-issued tickets?
Any advice appreciated!_
I would disclose this. The questions are global in nature - not just the US.
Triple Citizen
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For me English is a second language so please explain how does "Have you ever been arrested, cited or detained..." absolve iterations that occured outside the US?
Here's an excerpt from an interesting article on the subject of traffic tickets and naturalization:
"Grounds for denial of U.S. citizenship have included speeding 5-10 mph over the limit, improper or prohibited turns, failure to change address on driver’s license, unlawful parking, and others.Likewise, applicants convicted of DWI have
been found to lack good moral character."
Read the article on page 10-11 at http://www.abanet.org/intlaw/committees/tax_estate_individuals/immigration_naturalization/summer2005.pdf
It would be interesting to know the background behind cases that denied naturalization based on speeding 5-10 mph over speed limit or for other minor traffic offenses.
"Grounds for denial of U.S. citizenship have included speeding 5-10 mph over the limit, improper or prohibited turns, failure to change address on driver’s license, unlawful parking, and others.Likewise, applicants convicted of DWI have
been found to lack good moral character."
Read the article on page 10-11 at http://www.abanet.org/intlaw/committees/tax_estate_individuals/immigration_naturalization/summer2005.pdf
It would be interesting to know the background behind cases that denied naturalization based on speeding 5-10 mph over speed limit or for other minor traffic offenses.
Jackolantern
Registered Users (C)
The once-common practice of denying citizenship for those minor offenses has since been overturned by the courts. See http://seattletimes.nwsource.com/html/localnews/2002174823_citizens09m.html. The PDF you linked to did not cite denials for minor civil offenses after the 2005 court case that were upheld in court.
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Jackolantern
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Yes, before the 2005 lawsuit they were denying for any little thing, most famously the Kichul Lee case where he was denied because of a $152 fine (which he paid) for collecting too many oysters on the beach.
I just read the article you posted a link to, and I'm in complete shock! Whoever said that USCIS is not out to deny naturalization applications should read that article.
Triple Citizen
Registered Users (C)
It's been overturned by the courts long before then also. The article cites the 1960 Odeh case where the court found that minor infractions "did not constitute the incidents envisioned by Congress as detracting from a person’s qualification for citizenship".
This goes to show that court cases don't force USCIS to change it's policy and USCIS continues to adjudicate such issues on a case by case basis. I wouldn't be surprised that to this day there are some applicants who get denied naturalization based of minor offenses, but never seek a retrial. These are the forgotten who we never hear about since their cause never makes it through the court system.
The fact is that IOs have too much discretionary power and it's up to the denied applicant to seek redress through the court system.
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Jackolantern
Registered Users (C)
Or attempt to prevent the denial by having a lawyer at the interview so he/she can argue back if the IO starts to make noise about one or two trivial offenses.
Always be honest and disclose all citations even minor ones such as traffic tickets, whether on the N-400 form itself or later at the inteview.
Also, according to USCIS instructions you don't need to provide supporting evidence for minor citations if they were under $500 although there have been reported cases of IOs requesting documentation for fines below $500 at the interview.
Thanks, folks. I appreciate your response.
Well in most states oyster or clam digging can be a felony if you over collect, collect ones too small or collect out of season. So yes that is a lot different then a simple speeding ticket.
Now if you had a felony speeding ticket in the US then yes you would need to mention that. Either way any they want your good moral character etc inside the US. What you do outside isn't what they are looking for.
Now the only big debate is if you need to mention tickets you got inside the US. Some do, some don't. Lawyers can't agree, INS can't agree and people can't agree.
But either way that Oyster collecting most likely being a federal felony would definatly deny anyone from citizenship. Believe it or not they are very serious about that. My brother almost got in trouble clam digging without a licence, luckily he was only on a temp work permit and the Fish and Wildlife patrol let him off with a warning and told him how serious it was...
Jackolantern
Registered Users (C)
A felony? For collecting a single bucket? That guy Lee was hit with just a misdemeanor with no jail time, and a fine smaller than a typical speeding ticket. And unlike speeding or stealing, it is not something that naturally makes people believe it is illegal. Until I read about his case about a year ago, I didn't even know it was illegal.
They do want to know about what you did outside the US. That's why many former Nazis have had their citizenship revoked for it. The only real difference between offenses inside and outside the US is that it is more difficult for them to find out about the foreign offenses.
Fishing without a license as well as removal of souvenir artifacts from state or federal parks is also illegal. In the US, nature belongs to the government, not the people.
Political ties to questionable governments yes, speeding tickets no. They for the most part couldn't care less about speeding tickets in the US. That is why many people are advised not to bother writting them down on the N-400 by lawyers and even the INS when contacted. So one outside of the US is pointless to mention and serves no purpose.
And yes forgot about taking things from National Parks. The pamphlets you get state the infractions you can get, including prison sentances, major fines and the like for removing anything. Once again it's classified as a federal felony...