Traffic tickets and naturalization (threads merged)

[Bobsmyth]

I was asked if I had ever gone to court. I told the truth and said yes twice.

And the same answer would hold for anyone who pleaded not guilty to a minor traffic case as you must go to court to enter your not guilty plea, despite not disclosing it on application.

 

[Jackolantern]

But if a denaturalizaition attempt has no success in being approved by the federal courts in the first place, then there would be no need fight it off.

An ongoing lack of attempts to pursue denaturalization for undisclosed traffic tickets may indeed be a good indicator that USCIS & ICE believe such denaturalization would be unsuccessful if tried. But that's a separate issue from whether the approval itself validates the legitimacy of failing to disclose them.

 

[ATLANTA_N400]

Here we go again!

An ongoing lack of attempts to pursue denaturalization for undisclosed traffic tickets may indeed be a good indicator that USCIS & ICE believe such denaturalization would be unsuccessful if tried. But that's a separate issue from whether the approval itself validates the legitimacy of failing to disclose them.

I am enjoying this weekly program!
But Jack, people omit various information and mistype or make mistake on some of the information in form N400. The question is just as simple.

"WILFULL MISREPRESENTATION OF " A "MATERIAL FACT" disclosing of which otherwise would have caused USCIS to deny the petition.

See the words "WILFULL " and " MATERIAL", they must mean something to the courts or "Rule of Law".

Now that you are trying to be a citizen: "what is the Rule of Law" ; well one reason to disqualify your now. - just kidding.

 

[WBH]

See the words "WILFULL " and " MATERIAL", they must mean something to the courts or "Rule of Law".

It is hard to say what is material and what is not.

Some people may hide non-material facts because they just hate the
trouble of getting some documents. For example, some one was married and divorce many years ago in this/her home country but lost the dovorce papers
and impossible to get them. They may just say they have never been married that many times

 

[Jackolantern]

It is hard to say what is material and what is not.

Some people may hide non-material facts because they just hate the
trouble of getting some documents. For example, some one was married and divorce many years ago in this/her home country but lost the dovorce papers
and impossible to get them. They may just say they have never been married that many times

In such a case, the act itself of being divorced (for example) 15 years ago in Zimbabwe is immaterial (if there were no children). However, it is theoretically possible they could consider the act of hiding that long-ago marriage and divorce to be material.

 

[WBH]

In such a case, the act itself of being divorced (for example) 15 years ago in Zimbabwe is immaterial (if there were no children). However, it is theoretically possible they could consider the act of hiding that long-ago marriage and divorce to be material.

A significant percnetage of college students in China and other east-Bloc countries were communist party memmeber and perhaps majority of them
were once memeber of organizations associated with communist party such
as youth league, young vanguard (equivalent of boy/girls scouts ). Most of
them do dnot say so in their visa pplaiction, green card application, or natualization application. Have not seen a single case of any of them
got deported or de-natualized yet.

 

[vdostoi1]

A significant percnetage of college students in China and other east-Bloc countries were communist party memmeber and perhaps majority of them
were once memeber of organizations associated with communist party such
as youth league, young vanguard (equivalent of boy/girls scouts ). Most of
them do dnot say so in their visa pplaiction, green card application, or natualization application. Have not seen a single case of any of them
got deported or de-natualized yet.

This is an interesting point. In fact, the question related to membership or association with a communist party is asked differently on the I-485 and the N-400. At least that was the case when I got my GC.

 

[WBH]

This is an interesting point. In fact, the question related to membership or association with a communist party is asked differently on the I-485 and the N-400. At least that was the case when I got my GC.

Many question are asked differently but may not be intentionally asked differently. It coudl be just due to the fact the different form were drafted by
different persons or modified independtly of each other. Many questions are substantially identical.

 

[WBH]

In such a case, the act itself of being divorced (for example) 15 years ago in Zimbabwe is immaterial (if there were no children). However, it is theoretically possible they could consider the act of hiding that long-ago marriage and divorce to be material.

I wonder if it is legally safer to send in N-400 by FedEx, UPS etc than by USPS. In theory, if some questions are answered untruthfully sending N-400 by USPS can also lead to charge of mailfraud which is a federal felony

 

[Bobsmyth]

In theory, if some questions are answered untruthfully sending N-400 by USPS can also lead to charge of mailfraud which is a federal felony

That's really stretching it..mailfraud based on not answering questions truthfully on N-400. I doubt such a charge would holdup in court.

 

[WBH]

That's really stretching it..mailfraud based on not answering questions truthfully on N-400. I doubt such a charge would holdup in court.

So mailfraud only involve fraud scheme with use of USPS that seek money not something like citizenship?

I think mail fraud i sseldom prosecuted. The movie "The Firm" differ from the novel in that the frim was brought down by mail
frauds and everyone was surprised by the hero even thinking up of this. The FBI agen himself ask:"How the hell
did you come up with mail fraud". Tom Cruz answered :"It is in my law school textbook"

Anyway, I think anyone can be deported or de-natualized. The purpose is to check good moral character for citizenship but
if they strect that to the point of checking perfect moral charcater for sainthood, everyone will fail.

 

[Bobsmyth]

Two things are needed to be found guilty of mail fraud:

1) Knowingly and willfully devise scheme to defraud or obtain money under false pretenses or misrepresentation

2) Using the USPS to mail something to undertake such a scheme

 

[paulclarke1]

Well if we are going into the area of the paranoid then how about Q15. Have you ever commited a crime or offence for which you were not arrested?

Unless you answer yes to this, then most likely (unless you are perfect) you are telling a lie, and before someone gives me crap. So you have never taken a pen from work, had a playground fight, driven over the speed limit etc. Please.

However Bob, I really love the way you think!

 

[TheRealCanadian]

Well if we are going into the area of the paranoid then how about Q15. Have you ever commited a crime or offence for which you were not arrested?

Think of Q15 as the follows:

"Have you ever committed a crime or offense [which would make you inadmissible or deportable] for which you were not arrested [and USCIS/ICE/DOJ is able to find out about]?"

 

[Jackolantern]

A significant percnetage of college students in China and other east-Bloc countries were communist party memmeber and perhaps majority of them
were once memeber of organizations associated with communist party such
as youth league, young vanguard (equivalent of boy/girls scouts ). Most of
them do dnot say so in their visa pplaiction, green card application, or natualization application. Have not seen a single case of any of them
got deported or de-natualized yet.

It's probably the case that the US immigration authorities have never found out about their communist membership (yet).

 

[Jackolantern]

Well if we are going into the area of the paranoid then how about Q15. Have you ever commited a crime or offence for which you were not arrested?

If taken literally to the extreme, everybody who is not in a lifelong coma has to answer YES to that question. There is always some oddball law that somewhere that everybody has violated, even they don't know about it. For example, in New York City it is illegal to talk to anybody in an elevator.

But the traffic ticket thing is not idle remote speculation to that extreme. People have been denied for traffic tickets and gone to court over it. They still ask about traffic violations on the oath letter. Some IOs have delayed cases for lack of proof of paying the tickets, and others have delayed cases when the applicant got a ticket shortly before the interview but hasn't paid or otherwise resolved it yet. Those things don't happen for talking on an elevator, or walking with a dog leash longer than 18 feet after 7pm, or various other trivial violations.

 

[WBH]

Well if we are going into the area of the paranoid then how about Q15. Have you ever commited a crime or offence for which you were not arrested?

Unless you answer yes to this, then most likely (unless you are perfect) you are telling a lie, and before someone gives me crap. So you have never taken a pen from work, had a playground fight, driven over the speed limit etc. Please.

However Bob, I really love the way you think!

Maybe a polygraph test should be added and application fee will increase to pay for that.

 

[WBH]

It's probably the case that the US immigration authorities have never found out about their communist membership (yet).

If they wanted to to, it would be much easier to find out who were ex-communit party memeber than who were ex-Nazis. Many ex-Nazis were deported.

It is almost sure that due to personal hatred (divorced ex-sposes, business competitors, jealous classmates, coworkers), many people already sent tips to expose such things. If USCIS cared a whole awlful a lot, we would have already heard such cases.

 

[citizenship_app]

Questions about driving with suspended license ticket

Hi,

I got a ticket for driving on suspended license. License was suspended because I did not show up in court for a previous cell phone usage ticket. I did not get any notification for license being suspended and hence I was unaware. I got ticket in state of NJ where this is not considered a misdemeanor.

I have pleaded not guilty to ticket and I am going to take an attorney to represent me in traffic court. My court date is in March.

I have a few questions and I was hoping the experts here could help me --

1. If the charge does get reduced to some thing other than driving with suspended license, will my license still show suspended license for duration where it was suspended?

2. Do I need to declare this incident on N-400 application? I live in state of NY, do I need to declare out of state tickets on N-400 app?

3. I will be eligible to apply for citizenship by mid-April. Should I wait to apply for citizenship?

Thanks

 

[Vorpal]

Since driving with a suspended license is not a misdemeanor in NJ, don't worry about it. In fact, if the ticket is under $500, I wouldn't bother disclosing it on the N-400.

As far as the suspension itself is concerned, that depends on where the original ticket was issued. If you have a NY license and the cell phone ticket was issued in NJ, then the suspension won't show up on your NY record.