Traffic tickets and naturalization (threads merged)

hopeful44 said:
Say no to arrest question. You were not arrested. You don't have to prove that you were not arrested if you were not.
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The question asks if you were arrested, cited, or detained. A citation can be interpreted as a traffic ticket, and is therefore the basis of the argument to disclose all traffic tickets.

hopeful44 said:
It says do not list the tickets under $ 500 or not related to DUI. Why is it so hard to understand.
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This is incorrect. It says you do not need to submit evidence for such type of tickets. It doesn't say you don't need to disclose them.
 
Bapa said:
I spoke with USCIS customer service. They asked me call the local precint and fill out a form for Disposition of Arrest. I spoke with my local precint. I will have to fill out a form/Letter/Request under Freedom of Information Act. It takes 5-7 business days to get the records. I am going to the village hall tomorrow to apply for one. Customer Service indicated that the Disposition of Arrest would be sufficient to prove that I was never arrested. I DO NOT HAVE TO get proof that I paid and settled my Traffic ticket violations if it is under $500 fine or does not involve drug or alcohol. For request forms, google " Freedom of infomation act form with you state initials." I am glad I was honest in reporting all my traffic citattions. Full monty. :p. Hope this helps others.
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I completely agree with hopeful44. There's no need for you to obtain an arrest record, as you were never arrested to begin with!!! I've seen various reports of the same exact situation on this forum. An applicant answers "Yes" to the "Have you ever been arrested, cited, or detained" question and receives an RFE for arrest records. At the interview, the applicant explains to the IO that s/he was never arrested but received traffic tickets, so s/he answered "Yes" to the "Have you ever been arrested, cited, or detained" question. The IO either asks for proof of payment or moves on with the application. There is absolutely no need for you to get a Disposition of Arrest from the police department if you've never been arrested.
 
This is what I did. I scrached the word "Arrested,detained" etc and left only "Cited" in my application. I also wrote in paranthesis "Traffic only". I did not have a problem. All my IO asked was "Was it DUI?" and I said no. He is a very senior IO in San Jose and is usually the "Master of ceremonies" during the oath ceremony. Very cordial and professional. He just waved his hand although I told him I had attached the proof of payment along with my application. My brother (in a different state,DO) also did the same and similar experience with the IO not caring if they were not DUI related. Hope this helps.
 
Guys,
Fact: We should be honest in reporting all the cititations. Traffic or no traffic. It does not matter. You do not want to have a freak incident derail the process.

I am going to take a No Arrest Record - Background Check letter from my local precinct. It was easy to get and it was free. That is it. However I will let the IO know, that they need to change the form instructions and have it clearly spelled out, that applicants should select NO for Traffic Violations not related to to DUI or if the fine is less then $500.

Will keep you posted.
 
I'll say this again....while there may be an ongoing debate about whether or not to report traffic tickets, there is no question at all regarding whether or not to report parking and speed/red light camera tickets. THEY DO NOT NEED TO BE REPORTED. Period.
 
Do I need to hire an immigration lawyer for excessive Driving Violations?

I have been a green card holder for 11 yrs and 5 mos, and so far since I got my drivers license (I was 19) I received the following tickets.


Reckless Driving ( I was 21)
Speeding 20 MPh in a school zone (23 y/o)
Improper Exhaust (non moving)
Failing to wear a seatbelt
Reckless Driving (25 y/o)
IMproper Exhaust (non moving)


Im 28 y/o now and my license and though I had some very serious violations, all the judge never suspended my license. I showed up in the court explained my case and paid my fees. The judge also didt give me an infraction in one of those reckless driving and all my fines were paid ($200 less most of the time)



Besides those traffic violations, my record has been clean.


Would I need a immigration lawyer? What are my chances of being declined if I dont hire an immigration lawyer?


Thanks
 
It's difficult to say for sure how/if your IO will use your traffic tickets to determine moral character at the interview, but from past experiences on this forum it shouldn't be an issue.
 
Bobsmyth said:
It's difficult to say for sure how/if your IO will use your traffic tickets to determine moral character at the interview, but from past experiences on this forum it shouldn't be an issue.
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I hope so. All those recless driving violations happened at a time I was hurrying from and to work :( of course making the IO believe my story is another thing.


If I was to hire a lawyer, do I hire before I submit the application or after my application is denied?
 
Did any of those violations result in an arrest or misdemeanor conviction or probation?

If yes, you might consider bringing an attorney just to keep the interviewer honest, but the attorney is not essential.

You say you are 28 now ... are you male, and if yes did you register for Selective Services before your 26th birthday? If you are male and didn't register, it's going to be difficult to get your citizenship approved before you're 31.
 
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Jackolantern said:
Did any of those violations result in an arrest or misdemeanor conviction or probation?

If yes, you might consider bringing an attorney just to keep the interviewer honest, but the attorney is not essential.

You say you are 28 now ... are you male, and if yes did you register for Selective Services before your 26th birthday? If you are male and didn't register, it's going to be difficult to get your citizenship approved before you're 31.
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Yes I did register for the Selective Service. im in the process of obtaining the selective service number and join date from them.


No arrests or probation was made, my license was not suspended either. However I do believe that reckless driving is a criminal offense in Virginia, that is all I can think of...
 
Jackolantern said:
You say you are 28 now ... are you male, and if yes did you register for Selective Services before your 26th birthday? If you are male and didn't register, it's going to be difficult to get your citizenship approved before you're 31.
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Only if the applicant cannot demonstrate that his failure to register was not knowing and willful. USCIS gives the applicant the benefit of the doubt to produce such evidence first instead of issuing an immediate denial.
 
Bobsmyth said:
Only if the applicant cannot demonstrate that his failure to register was not knowing and willful. USCIS gives the applicant the benefit of the doubt to produce such evidence first instead of issuing an immediate denial.
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I didn't say it was impossible, I said it would be difficult.
 
It's only becomes difficult to get approved if the applicant has trouble providing the evidence. My point is that stating that it will be difficult to get approved without reference that the applicant is first given a chance to provide evidence is premature.
 
Hi Guys,

Need your help. My interview is on 11/4/08 in mt. laurel, NJ and to my bad luck i got a ticket for using cell phone in NYC past weekend. I am pleding not guilty. I need advice should I tell my Interview officer about it or not? The police officer when handing me ticket said there is no points for ticket.
Need you help please advices, if i should tell IO about it or not

thanks in advance
 
tarabab said:
Hi Guys,

Need your help. My interview is on 11/4/08 in mt. laurel, NJ and to my bad luck i got a ticket for using cell phone in NYC past weekend. I am pleding not guilty. I need advice should I tell my Interview officer about it or not? The police officer when handing me ticket said there is no points for ticket.
Need you help please advices, if i should tell IO about it or not

thanks in advance
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Truthfully, I wouldn't mention it.
 
Had 11 speeding tickets in 15 years. Travel on the road for a living (traveling salesman) and cover about 45K miles per year. Also had 1 DUI violaton in 1994.

Disclosed DUI on N400 and in interview. Did not mention speeding tickets on N400 as I honestly forgot about them and did not think that they needed to be mentioned. Was not specificaly asked about speeding tickets at interview so I did not mention them either. Went to oath same day and been a citizen since 2 years. Do I feel guilty for not disclosing them? Not in the least. If the INS cared they would be alot more specific on their forms. eg. "include speeding tickets etc.." and not confuse potential immigrants with varying statements from IOs.
 
Had interview today:
did NOT disclose any tickets, all of which were under $500, and just minor speeding related, and paid, and I took the receipts just in case.
IO never asked anything about it, and I never said anything either; He asked if I have ever been arrested, (and only that) and I said "No".
IO said my application is recommended for approval and said it all should be fine.
 
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