Traffic tickets and naturalization (threads merged)

vdostoi1 said:
I am curious: did the officer at your oath ceremony specifically used the word "minor"? It would be interesting to understand USCIS's perspective as to what they consider "minor"...
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Actually, she didn't even say "minor". She stated something to the extent of "Pay attention: I DON'T WANT TO KNOW ABOUT TRAFFIC TICKETS. I'M ONLY CONCERNED WITH ARRESTS. DO NOT MENTION TRAFFIC TICKETS". Of course, there's always a person who doesn't listen to directions. An applicant wanted to disclose a traffic violation and attempted to present proof of payment to the IO. The IO stopped what she was doing and repeated that she doesn't want anyone to list traffic tickets.

My personal interpretation of what is considered a "minor" traffic violation is one that doesn't involve a DUI/DWI/reckless driving and where the fine amount is less than $500. This is based on what's noted in M-476 and what I was told by a USCIS CSR.
 
Vorpal said:
Actually, she didn't even say "minor". She stated something to the extent of "Pay attention: I DON'T WANT TO KNOW ABOUT TRAFFIC TICKETS. I'M ONLY CONCERNED WITH ARRESTS. DO NOT MENTION TRAFFIC TICKETS". Of course, there's always a person who doesn't listen to directions. An applicant wanted to disclose a traffic violation and attempted to present proof of payment to the IO. The IO stopped what she was doing and repeated that she doesn't want anyone to list traffic tickets.

My personal interpretation of what is considered a "minor" traffic violation is one that doesn't involve a DUI/DWI/reckless driving and where the fine amount is less than $500. This is based on what's noted in M-476 and what I was told by a USCIS CSR.
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Well, what I have been agonizing about is that the Guide to Naturalization says that they do not require proof of payment for traffic fines less than $500. It does not say anything about not listing them.
 
You are correct. However many people on this forum believe that by being relieved of the burden of providing proof for citations under $500, they are also relieved of the burden of listing them on the N-400 form :)

vdostoi1 said:
It does not say anything about not listing them.
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Triple Citizen said:
You are correct. However many people on this forum believe that by being relieved of the burden of providing proof for citations under $500, they are also relieved of the burden of listing them on the N-400 form :)
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It goes both ways. Despite the fact that M-476 explicitly instructs naturalization applicants that they don't have to provide proof for citations under $500, there have been many accounts on this very forum where IOs refused to approve applications unless the applicant provided proof for such citations.
 
Vorpal said:
It goes both ways. Despite the fact that M-476 explicitly instructs naturalization applicants that they don't have to provide proof for citations under $500, there have been many accounts on this very forum where IOs refused to approve applications unless the applicant provided proof for such citations.
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I think these types of cases are when the person also has other issue in question on their application and the IO wants to see everything to make a decision. So if someone had been caught with a DUI or another crime and is on the border of getting denied, the IO then might want all traffic violations of any sort and then would use that to weigh out the denial/acceptance.

Of course you'll get that special IO who on the other hand just wants all proof regardless. Though this latter one seems to be rare compare to the other type...
 
Very true. Over zealous IOs indeed have given applicants a hard time for such citations. Two wrongs never make a right. What to do?

Vorpal said:
It goes both ways. Despite the fact that M-476 explicitly instructs naturalization applicants that they don't have to provide proof for citations under $500, there have been many accounts on this very forum where IOs refused to approve applications unless the applicant provided proof for such citations.
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Triple Citizen said:
Very true. Over zealous IOs indeed have given applicants a hard time for such citations. Two wrongs never make a right. What to do?
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In a perfect world, the USCIS leadership would address this issue and direct all DOs to instruct their adjudicators to follow the established guideline and not request proof of payment for citations that fall outside of the established guidelines. Moreover, if the USCIS wants all traffic citations disclosed, it should be explicitly stated in M-476 and N-400. Again, if we are to adhere to the notion that ALL citations must be disclosed, then that would include parking tickets as well.

A while ago, I brought up an incident where, back in elementary school, I received a written warning for jaywalking. The warning was issued by a school crossing guard who was an employee of the local police department. If we choose to follow the question pertaining to citations literally (Have you EVER been cited, for ANY reason), I should have disclosed that warning.

Bottom line is that treatment of citations/tickets/violations on the N-400 definitely needs a clarification. The fact that it's one of the most hotly debated issues on this forum is a very clear proof of that.
 
Totally agree on this one. This grey area needs to be addressed once and for all.

Vorpal said:
Bottom line is that treatment of citations/tickets/violations on the N-400 definitely needs a clarification. The fact that it's one of the most hotly debated issues on this forum is a very clear proof of that.
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Triple Citizen said:
Totally agree on this one. This grey area needs to be addressed once and for all.
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However, I would be surprised if this issue is ever addressed once and for all because USCIS would not be able to exercise discretion when it comes to approving/denying naturalization cases. It is similar to the issue of how to treat people who received asylum in the US and already have their green cards and want to go back to their country of persecution to visit sick relatives, etc. Many people choose not to do it for fear of denial of naturalization when they file for citizenship due to USCIS potentially suspecting fraud on their asylum application.
 
vdostoi1 said:
However, I would be surprised if this issue is ever addressed once and for all because USCIS would not be able to exercise discretion when it comes to approving/denying naturalization cases. It is similar to the issue of how to treat people who received asylum in the US and already have their green cards and want to go back to their country of persecution to visit sick relatives, etc. Many people choose not to do it for fear of denial of naturalization when they file for citizenship due to USCIS potentially suspecting fraud on their asylum application.
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You may be right there. As warlord pointed out a couple of posts earlier, traffic violations may be a way to provide IOs with additional ammunition to deny applications that are on the border of being denied.
 
i-400: arrest, traffic violations, parking tickets

I will be applying for naturalization in 5 months.

I understand that I need to disclose all "crimes" to make sure they don't deny my application.


Last time I got a traffic violation ticket was 5 years ago (speeding), however I have gotten a couple of parking tickets since then (again I haven't kept parking tickets).

I understand that on i-400 I need to describe my traffic citations, but I can't even remember the times of these minor things (I could order my record from DMV, but I think they might have all fallen off my record by now)

The only other thing I have is an arrest in 2003. I was throwing out some old garbage refrigerator in an industrial area, and at that time I didn't realize that was illegal ( I saw other people put their old furniture there) ... turned out that was illegal, so I got spotted by cops and got arrested, had to go to court. Ended with paying a fine (100-200 dollars I think); violation was an infraction (illegal dumping).

I have no misdemeanors on my record.

I suppose this is definitely something that needs to be described in the i-400, however I don't remember the exact date this happened, and I'm not sure what was the official outcome or disposition. I believe I need this info, at least to take with me to the interview. Do, I need to somehow retrieve this info from court ? whats the best process for this?

please share any insight to make sure my i-400 goes as smoothly as possible.
 
Don't worry about parking tickets as they aren't used to determine moral character.
As for arrest, you'll have to disclose it, but it falls outside the 5 year statutory period for moral character determination. If you want to get disposition, contact the court to see if they can provide you a copy.
 
Toll violation

Someone was asking me this today and I didn't know the answer. So I thought I will ask it here.
His wife was driving the car (registered under his name) and she by mistake went into the EZPass lane did not have EZPass.
He received a mail asking to pay the fine of $25

His question is does he need to disclose that during N400 interview?
My quick answer was NO. It is NOT a trafic violation. So it doesn't need to be disclosed. Secondly,this fine is given to car not to the driver.
Thirdly since he wasn't even driving the car, how can he claim to be cited?

Am I right?
 
It was a traffic violation. But he wasn't the one to commit it, so he doesn't need to list this on his N-400. If his wife is the applicant, that would be another matter and there are arguments on both sides as to whether she should list it, but I think most people would say NO.
 
Traffic Ticket in Virginia

I will be ready to apply for citizenship in a few months. During the last 5 years I received two traffic tickets. One was for speeding and the other for expired vehicle inspection. I was looking at the copy of the tickets and though it clearly states that it is a traffic ticket, the forms have space for date of arrest, which was filled in both cases. It just shows that date of the speeding ticket while I was not arrested in its physical sense. I will appreciate if the experienced members of this forum can share their experiences with similar situation.

Thanks

:confused:
 
Why would you even worry about a traffic ticket ? I get so confused when I see this !

Does the INS really care if you get traffic tickets ?
 
Specific clarification re: traffic citations

The following is cut and paste from the General Instructions section of the instructions for the N-400. Please see the last sentence in the paragraph. Disclosure requirements specifically exclude traffic offenses and citations that did not lead to an actual arrest and that had fines of less than $500.
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All applicants must send certain documents with their 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 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 of less than $500 and/or points on your driver's license.

For more information on the documents you must send with your application, see the Document Checklist in the Guide.
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Traffic ticket (warning) b/w ID and Oath

Hi all,

I thought I would never run into this but hopefully this ain't a big problem.

I'm awaiting my Oath Date (had Interview on 11/18 - about a month ago) so expect the Oath to be in Jan/Feb given the St Paul DO timelines.

Yesterday, I was stopped by a cop for a busted headlamp (equipment violation). He did not give me a ticket but issued just a warning note asking me to replace the headlamp as soon as possible. So there was no fine, just a note of warning.

Is this supposed to be disclosed at the time of Oath? I have heard on this forum that the Oath letter specifically asks to disclose all traffic tickets since the interview date. Is this true? Some clarity would be great. People's personal experience would be great to hear. I hope this doesn't create a big problem for me - I plan to take the warning note copy as well as proof fixing the headlamp at my dealership to the Oath, when it happens.

AP
 
CitatioN10 said:
Why would you even worry about a traffic ticket ? I get so confused when I see this !

Does the INS really care if you get traffic tickets ?
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In most instances , they may not care about minor tickets, but since the instructions don't state that minor citations don't need to be disclosed the decision to disclose them or not becomes a personnel choice.
 
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