Traffic tickets and naturalization (threads merged)

Very true

abact is correct. I agree with the individual. You don't need to report anything on N-400 form but please make sure to keep a copies of the citations you were given along with some kind of proof, I mean if you ended up paying those citations or if the case was dismissed. It will be nice to have them handy on the day of your interview.
Good luck.
 
Differed disposition on traffic ticket

I had a speeding ticket in July. It was a 12 miles over speed limit and I requested differed disposition. It will be cleared in Jan. 2009.
Some city has 3 month period but the city I had ticket with has 6 month period.
When I applied N-400 two weeks ago, I assume it will take almost a year.
So I thought my differed disposition will be cleared by then. However, it seems like some people have pretty accelerated process lately.

What if I have an interview or oath before my differed disposition cleared?
I paid fee of $210 for differed disposition, and the document clearly indicate it will be cleared in Jan. 4 2009 if I don't get any other ticket by that time.

Do I have to postpone until it is cleared?
 
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A speeding ticket with differed disposition is not not something that will affect your application unless you have something else that would put your good moral character into question. Even then, it's not a sure thing that USCIS will use the speeding ticket to judge your case.
 
speeding ticket, probation, possible citizenship?

hello,
It's been five years ever since I got my greencard, and I'm ready to apply for the U.S. citizenship.

My concern is the first and only one speeding ticket that I got about 2 years ago. I was going 43 on 25mph. The judge put everyone with a clean record (including me) on PBJ (Probation Before Judgement). I paid $50 dollars total in fine including the court cost. I called MVA and I found out that the PBJ is not over until November of next year, 2009. I was shocked that my probation would be this long (3 years.)

The other citation was about failing to turn left on stop. I did obey the stop sign but I got into an accident when i did not see a car coming. My car was almost totalled. The case was dismissed.

I was planning to disclose all of my traffic citations (two in total), as stated in USCIS naturalization guide (page 25).
http://www.uscis.gov/files/article/M-476.pdf

What bothers me is that in the guide, it says, "failing to complete any probation might demonstrate a lack of good moral character." I'm puzzled.

Should I wait until the end of next year, 2009?
Or
Can I still apply for my citizenship?

thanks,
 
he put you on probation for 3 years for going 43?
was it dui?

I guess, if not dui, then I would apply and take my chances. You may be rejected but I guess, then you can apply again later.
 
The judge put everyone with clean records on probation.

No, never DUI

I never drink.

If I apply again, do I still have to pay another 675 dollars?
 
They absolutely will not approve your case while you are still on probation. Applying now would be a waste of time and money.

If you are denied and then apply again later, yes you have to pay the fee again. Also if you are denied and then appeal (instead of reapplying from scratch), the appeal itself also has a fee of hundreds of dollars (that is in addition to lawyer fees).
 
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Sure you will have to pahy again if your case is dismissed. But, I don't see a very big issue on your case. As long as the violation is not drug or alcohol related or the fine was less than 500 dollars, it does not disqualify you from getting naturalized.

The probation is on your driving, not on yourself. I would apply, disclose it on my N-400. Most IO usually don't care about traffic violations.

Someone even reported that his IO was mad that he disclosed traffic violations which, for the IO, was unecessary.
 
fbanna79 said:
Sure you will have to pahy again if your case is dismissed. But, I don't see a very big issue on your case. As long as the violation is not drug or alcohol related or the fine was less than 500 dollars, it does not disqualify you from getting naturalized.
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That is not entirely true.

Guide To Naturalization said:
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.
Click to expand...

In this case, there was a penalty that was other than a fine and/or points. They imposed the penalty of 3 years probation.
 
Maybe I should've paid the fine and received two points instead of going to the court to be placed on probation, then I wouldn't have to wait a year or two to apply for my citizenship.

My certified driving record that I received from MVA does not show anything in regard to probation, but I'm certain that PBJ driving record will show something on it.

I'm disappointed. I was just unlucky to get a ticket on the first day of the fall semester two years ago.
 
Jackolantern said:
They absolutely will not approve your case while you are still on probation. Applying now would be a waste of time and money.
Click to expand...

PBJ in traffic court shouldn't be compared to probation on a criminal conviction. PBJ is an alternative sentence offered for first time speeding offenders so that the charge doesn't appear on their record. I doubt that a PBJ for speeding will result in a denial since that isn't the intention of 8 CFR 316.10(b)(3)(c).
My suggestion would be disclose the citations on the N-400. At the interview, when the IO asks about them tell him/her they were traffic offenses and have been paid. Case closed. No need to go into detail about how you pleaded (probation/prayer for judgment).
 
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Bobsmyth said:
PBJ in traffic court shouldn't be compared to probation on a criminal conviction. PBJ is an alternative sentence offered for first time speeding offenders so that the charge doesn't appear on their record. I doubt that a PBJ for speeding will result in a denial since that isn't the intention of 8 CFR 316.10(b)(3)(c).
My suggestion would be disclose the citations on the N-400. At the interview, when the IO asks about them tell him/her they were traffic offenses and have been paid. Case closed. No need to go into detail about how you pleaded (probation/prayer for judgment).
Click to expand...

It's true that traffic PBJ is for the first time speeding offenders.
When I look up my case online at my state's district court website, it shows that the case is closed. When I went to the court to get a certified copy of my judgement, the lady there told me that the case is inactive and she said it would take a day to pull the record.
The problem is that there is a question that asks whether or not you have been on probation, and I think I need to say yes.
 
Many cities in Texas, you can apply probation(a.k.a. differed disposition) for traffic violation once every year.
I am in same situation as you are. I have a 12 miles over speed limit ticket last July and applied probation. It was 6 month probation. When I applied N-400 few weeks ago, I assumed the process could take at least 7-8 months to a year. So I sent N-400 even though my probation will be cleared as of Jan. 2009. Now I saw many people have there interview done within few months from their submission of N-400, and I am little bit worried if I get an interview before my probation cleared.
 
fuzzy said:
Many cities in Texas, you can apply probation(a.k.a. differed disposition) for traffic violation once every year.
I am in same situation as you are. I have a 12 miles over speed limit ticket last July and applied probation. It was 6 month probation. When I applied N-400 few weeks ago, I assumed the process could take at least 7-8 months to a year. So I sent N-400 even though my probation will be cleared as of Jan. 2009. Now I saw many people have there interview done within few months from their submission of N-400, and I am little bit worried if I get an interview before my probation cleared.
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Did you say "yes" to the question, "have you ever been on probation?"

I was in shock when I found out about 3 year probation after two years since I left the court. I did not think it would last that long.
 
IMO, the IO would be more interested in knowing that you payed a simple traffic citation, not what you pleaded to it (ie:pBJ).
This differs from a criminal conviction where USCIS is interested in knowing what you pleaded and what the sentence was (including probation) .
 
Yes, I said yes on the question. Beside that ticket I had a few more speeding tickets.

By the way , 3 year probation on speeding is way too harsh. In Texas, it is usually 3-4 month probation and I complaint to the court clerk that 6 month probation I got last time was too harsh.



Edited due to mis-understanding of your question.
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Oh, no, I didn't answer yes to the question, "have you ever been on probation?"
I presumed that is the probation on criminal act and mine was differed disposition instead of probation. Don't know if there is real difference in those two terms though.
 
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3 years too harsh? Considering that PBJ allows you to avoid a conviction, 3 years is a small price to pay. You can always refuse PBJ, but you'd be an idiot to do so unless your driving habits weigh heavily against you.
 
Bobsmyth said:
PBJ in traffic court shouldn't be compared to probation on a criminal conviction. PBJ is an alternative sentence offered for first time speeding offenders so that the charge doesn't appear on their record. I doubt that a PBJ for speeding will result in a denial since that isn't the intention of 8 CFR 316.10(b)(3)(c).
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Hmm ... but like an unpaid ticket, this probation means the resolution for the violation is still incomplete. And they normally won't let you naturalize if you have a ticket which is unresolved because you have an upcoming court date or you haven't paid it yet.

It is also possible that the ticket was classified as a criminal offense (misdemeanor of course), given the length of the probation and the amount by which the speed limit was violated. In some jurisdictions going 15 or 20 over the limit is a misdemeanor.

Instead of blindly applying right now, I would suggest that the OP take one of these options:

1) Wait until about June 2009 to apply, which is 5 months before the probation expires. By the time the interview happens the probation should be done. If the interview is scheduled before the probation is completed, ask for a reschedule.

2) Get a one-time consultation with a lawyer to find out the exact consequences of this traffic offense and probation, then take action based on what the lawyer says.

3) Apply now. If they won't approve it because of the probation, ask if ending the probation by accepting guilt and paying any additional fines and submitting proof within 30 days would allow you to naturalize. Or if the interview date is late next year, close to the end of probation, ask for a reschedule.
 
Bobsmyth said:
3 years too harsh? Considering that PBJ allows you to avoid a conviction, 3 years is a small price to pay. You can always refuse PBJ, but you'd be an idiot to do so unless your driving habits weigh heavily against you.
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Depends on what the penalty is for violating the probation. A probation violation often brings a heftier penalty than if one accepted the normal penalty up front without probation. It might be better to just pay $150 and get it over with, rather than possibly violating the probation with another ticket and having to pay $600 and get points on the license (I'm just throwing out examples, I don't know what the specific rules are in the OP's jurisdiction).
 
How do I end probation by paying extra fine? Is it possible? I do not have upcoming court dates or any of those legal issues. The original fine was 80 dollars excluding the court fee. I got out of the court with probation by paying 50 dollars including the court fee.
If I was given 1 point or two points, applying I400 now would not be an issue since I would not be on probation.
The only reason I went to the court was to avoid possible increase in insurance premium. I received probation in lieu of points. Now I feel like I made a mistake going to the court.
 
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