Traffic tickets and naturalization (threads merged)
- Thread starter patel789
- Start date
You can mention it, though you may not want to go through the trouble of finding all the documentation.
Some states maintain a central repository for tickets. You can call them up and they will fax or mail it to you. In some other states, you need to contact the county clerk's office.
I had some old tickets (more than 9 yrs) and I didn't know the exact month/year. I only knew which interstate. I tried to get my old bank statements to figure when the tickets were paid. (Tickets typically have round figure sums like $80; your typical bills will have some pennies like $57.35.) But, the bank didn't have such old statements. I had some idea of the stretch of the interstate that I got ticketed. So, I drafted a standard letter and faxed it to 3-4 counties that I thought were possible candidates. I had given up hope of getting any info until about 3 weeks later when I got the court disposition in mail.
Was it worth going through the hassles? The interviewing officer said they don't care, but for me it was one less thing to be concerned about. I'm now a proud owner of 4 dispositions of speeding tickets as a testament to my moral character.
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exactly. I also don't think I will need it, but sure feels good to have found them, nonetheless, just in case...so I guess, in a way, it's worth it.
GhostRider
Registered Users (C)
Simple traffic violations (speeding, red light, etc.) - where do these belong?
As I'm going through the N400, the notorious question "Have you ever committed a crime or offense for which you were not arrested?" keeps confusing me...
Is this the place to mark "YES" for simple old traffic violation (for which the fine was less than $500)? Or was this question meant for more severe type of felonies to be served as ground for citizenship revocation in the future in case you marked "NO" and later on in life was found to have lied on the form?
I guess my question is this: Do I need to answer YES to this question for simple traffic violations for which I was not arrested?
As I'm going through the N400, the notorious question "Have you ever committed a crime or offense for which you were not arrested?" keeps confusing me...
Is this the place to mark "YES" for simple old traffic violation (for which the fine was less than $500)? Or was this question meant for more severe type of felonies to be served as ground for citizenship revocation in the future in case you marked "NO" and later on in life was found to have lied on the form?
I guess my question is this: Do I need to answer YES to this question for simple traffic violations for which I was not arrested?
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That question is reserved for crimes, not traffic citations. You'd answer "yes" if you beat the that road rager to death but sped away and never got arrested for it.
GhostRider
Registered Users (C)
LOL, good enough!
Now with regards to simple traffic violations... do I need to contact the DMV and the State Police and request a copy of my driving record to have for the interview? Do the IO even care about these? I had one speeding ticket more than 8 years ago, which I paid, and two other citations (going the wrong way (don't ask), and a red light ticket) - both of which were dismissed in court.
LOL, good enough!
Now with regards to simple traffic violations... do I need to contact the DMV and the State Police and request a copy of my driving record to have for the interview? Do the IO even care about these? I had one speeding ticket more than 8 years ago, which I paid, and two other citations (going the wrong way (don't ask), and a red light ticket) - both of which were dismissed in court.
Some people believe that it's always good to have more paperwork at the interview than you need.."just in case".
That being said, simple traffic citations don't require proof of payment when the fine is under $500 per USCIS guideline so I wouldn't worry about obtaining your driving history.
LOL, good enough!
Now with regards to simple traffic violations... do I need to contact the DMV and the State Police and request a copy of my driving record to have for the interview? Do the IO even care about these? I had one speeding ticket more than 8 years ago, which I paid, and two other citations (going the wrong way (don't ask), and a red light ticket) - both of which were dismissed in court.
This is arguably the most debated issue on this forum. Some people say that all traffic tickets must be disclosed, others say that they should only be disclosed if the fine is at least $500 and/or the offense is DUI/DWI/reckless driving. To draw an example from my personal situation, I didn't disclose any traffic tickets on my N-400, but then I stumbled upon this forum. I then went out of my way to get records of as many tickets as I could, including a letter from the FOIA department at the New York DMV, stating that no records are available for tickets older than 4 years. I was planning on disclosing all my tickets at the interview.
Recently, the debate flared up again, after certain applicants reported that the IO demanded to see proof of payment/court dispositions for minor traffic offenses ($50 U-turn ticket, for instance) when the applicant disclosed the ticket. To put the matter to rest, I called the USCIS and asked the service rep if traffic tickets need to be disclosed. The rep did a quick search on his computer and read to me that minor traffic violations DO NOT need to be disclosed. He confirmed that minor traffic violations are those that do not fall into the "$500/DUI/DWI" category. I then decided that I will not be disclosing any traffic violations at my interview. One of my colleagues had his interview 2 weeks ago, and he offered the IO his driving record with 2 tickets on it. The IO wouldn't even look at it.
In the end, it's totally up to you. If disclosing your traffic violations makes you feel better, then by all means do it. If not, then don't bother. I should, however, let you know that when you finally get your oath, you will be required to disclose any and all traffic tickets that you received between the interview and the oath.
GhostRider
Registered Users (C)
Thanks, much appreciated.
I think I'll get all my driving history as much as possible, 2 of the 3 citation are too old to recover. The third one is from 2006. Regardless, I won't disclose anything on the N400 (including answering "NO" to the "Have you ever committed a crime for which you were not arrested" question), but will have as many traffic citation records available with me on hand for the interview.
Also during the interview, I won't volunteer any stupid information without being asked for it first. If the IO will want to see it - by all means, I'll provide him with whatever I was able to recover. But if he doesn't ask, I certainly will not mention it. If he/she comes around asking me how come I didn't disclose these traffic citations earlier I will simply reply with "because they were under $500 and did not involve DUI/DWI/Reckless driving" - just as the instructions state.
My friend spoke to USCIS Customer Service long time ago before his N-400 application was filed. He asked immigration officer about the question on the N-400 form "Have you ever been arrested, citied or detained by any law enforcement officer for any reason?" since he had 2 or 3 speeding traffic citations. IO told him that he should say "yes" to the question on N-400 form, but documentation is not needed since citations tickets are not "$500 fine" tickets and not DUI/DWI tickets. Telling the truth on N-400 is better.
7 months later, at the interview (Feb 2008), he was asked about tickets if they are DUI tickets or any tickets that are fined above $500. He said, "no". No driving records were asked. His interview was approved and he took an oath on the same day to become US citizen along with his wife who was also interviewed by a separate officer on the same day.
7 months later, at the interview (Feb 2008), he was asked about tickets if they are DUI tickets or any tickets that are fined above $500. He said, "no". No driving records were asked. His interview was approved and he took an oath on the same day to become US citizen along with his wife who was also interviewed by a separate officer on the same day.
Question 16 (traffic tickets) on n400
This would make life easier for new filers since there are varying opinions on the dreaded question 16 on N400 which states :
Have you ever been arrested, cited or detained by any law enforcement officer (including USCIS or former INS and military officers) for any reason?
Would like to know from N400 filers in the past if you have answered YES or NO to this question if you had a traffic violation.
This would make life easier for new filers since there are varying opinions on the dreaded question 16 on N400 which states :
Have you ever been arrested, cited or detained by any law enforcement officer (including USCIS or former INS and military officers) for any reason?
Would like to know from N400 filers in the past if you have answered YES or NO to this question if you had a traffic violation.
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From the "Guide to Naturalization"
In the "Guide to Naturalization" it says on Pg 8
"...Note that unless a traffic incident was alcohol or 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 less than $500 and/or points on your driver’s license...."
This cannot be more clear.....
BTW, I did mention my minor non-moving traffic violation 10 years ago and produced a copy of the receipt of payment at the interview. The IO officer simply kept it for her files.
In the "Guide to Naturalization" it says on Pg 8
"...Note that unless a traffic incident was alcohol or 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 less than $500 and/or points on your driver’s license...."
This cannot be more clear.....
BTW, I did mention my minor non-moving traffic violation 10 years ago and produced a copy of the receipt of payment at the interview. The IO officer simply kept it for her files.
Some people answered Yes and detailed them (it is better to tell truth. don't lie), but as per instruction of US citizenship guide, you don't need to submit documentation (such as tickets, court records, or driving records) if tickets are non-dui/dwi tickets or tickets with fines of less than $500.
I read some people's experiences: At the time of their interview, they were asked if any one of tickets is DUI/DWI ticket or fined more than $500. they said no. No documentation was asked and nothing happened. they were approved.
I read some people's experiences: At the time of their interview, they were asked if any one of tickets is DUI/DWI ticket or fined more than $500. they said no. No documentation was asked and nothing happened. they were approved.
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I actually said yes and listed them and my interviewing officer sounded annoyed. He said specifically, "I don't want to know about violations unless it was something serious, where you were arrested; or unless it was a moving violation that got you a ticket more than $500".
You are right, most of us are extra cautious, i will also say no , got 4 speeding tickets and 1 red light violation in the last 12 years, 3 years ago being the last.
all were less than 500$ and no dui...
You will be just fine.
I didn't list any traffic tickets on my N-400 either. After reading many posts on the topic of traffic tickets, I considered disclosing then during the interview. I made every effort to collect as many receipts and court dispositions as I could. Recently, the traffic ticket debate flared up again, so I called the USCIS customer service and asked if traffic tickets need to be disclosed on the N-400. The rep did a search on his system and read off his screen (I'm heavily paraphrasing) that minor traffic violations do not need to be disclosed on the N-400. I mentioned the traffic violation guidelined from the Guide to Naturalization, and he stated that as long as a ticket is less than $500 and not a DUI/DWI/reckless driving, it does not need to be disclosed.
However, a forum member named sj posted his NYC interview experience yesterday, and he stated that he disclosed his traffic violations, but didn't have proof of payment for one of them. The IO refused to approve his application until he came back with proof of payment. However, a colleague of mine who had his interview in NYC 2 weeks ago told me that he offered to disclose his traffic violations at the interview, but the IO didn't want to see them.
I think I'll keep the can of worms closed and not disclose any of my traffic violations, especially since all of them are less than $100 and none are DWI/DUI/reckless driving. Ultimately, it's up to the applicant.
GhostRider
Registered Users (C)
Question 16 is actually very straightforward: Have you EVER been arrested? - YES/NO
Not much to think here. It has nothing to do with the nature of the felony/misdemeanor/citation, but rather with the fact of whether you were arrested or not. It's a simply YES/NO question.
Question 15 on the other hand, is a bit trickier as it asks whether you have ever committed a crime for which you were NOT arrested - here you may choose to answer YES or NO depending on whether you consider a traffic citation a "crime" or not.
Not much to think here. It has nothing to do with the nature of the felony/misdemeanor/citation, but rather with the fact of whether you were arrested or not. It's a simply YES/NO question.
Question 15 on the other hand, is a bit trickier as it asks whether you have ever committed a crime for which you were NOT arrested - here you may choose to answer YES or NO depending on whether you consider a traffic citation a "crime" or not.