Traffic tickets and naturalization (threads merged)
- Thread starter patel789
- Start date
Yes, you may apply. Your driving with license suspended arrest will not hinder your N400 and I'll tell you why. Most N400 applications get denied dealing with driving arrests are because the violation of the 5 year Good Moral Character policy. Yes, you were arrested, but went to court and no charges were placed on your nor were you placed in a probabtionary period. This arrest should not impinge on the 5 year Good Moral Character policy. I know many applicants have had their N400 denied because they were still on probation for their driving offenses. You on the other hand do not have any probation or a probationary period to worry about.
You simply have to answer "yes" that you were arrested, but answer "no" you were not ever sentenced, placed on probation, or went to jail etc.
Obtain "certified" documents including court documents stating all charges dropped or no charges were ever placed against you, police report describing the incident, and a driving record showing the offense. Send in these 3 certified documents in with your N400 and make sure you make a copy for yourself for reference/filing.
I strongly believe your application will be fine.
I am not a lawyer.
You simply have to answer "yes" that you were arrested, but answer "no" you were not ever sentenced, placed on probation, or went to jail etc.
Obtain "certified" documents including court documents stating all charges dropped or no charges were ever placed against you, police report describing the incident, and a driving record showing the offense. Send in these 3 certified documents in with your N400 and make sure you make a copy for yourself for reference/filing.
I strongly believe your application will be fine.
I am not a lawyer.
thank you very much for your response.
Well technically i was in jail...i was there for about an hour while the officer did all the paperwork necessary. So maybe i should answer "yes" i was in jail. While we're at it, i also have a problem with back taxes, i filled them late and am now on a payment plan with the irs and state. I have read somewhere before that as long as you have an aggreement with the irs and are paying them, then it should be no problem. Is this true? Thanks!
Yeah, they only give you 20 days to either appeal or pay the ticket. I didnt do either, therefore your license gets automatically suspended.
Yeah, they only give you 20 days to either appeal or pay the ticket. I didnt do either, therefore your license gets automatically suspended.
None of those are "excludable offences" so technically should not bar you from naturalization. For your arrest take the complete disposition of the case and be ready to give a little explanation to the DAO. For the taxes part you can state that you have a payment arrangemnet with IRS and take the relevant agreement you have with IRS. You should be ok.
I hope so! Thanks for your reply.
So is this the way i should answer these questions?
15. have you ever committed a crime for which you were not arrested: Yes
16. have you ever been arrested, cited or detained? yes
17. have you ever been charged with committing a crime or offense yes
18 have you ever been convicted of a crime or offense no
21 have you ever been in jail or prison yes
does that sound right? thank you all for your time.
15. have you ever committed a crime for which you were not arrested: Yes
16. have you ever been arrested, cited or detained? yes
17. have you ever been charged with committing a crime or offense yes
18 have you ever been convicted of a crime or offense no
21 have you ever been in jail or prison yes
does that sound right? thank you all for your time.
really? Wow i had everything mixed up. Thanks for your reply
Amerikanus
Registered Users (C)
I think you're correct.
15: YES. Reason: you were driving with suspended license.Was it a crime? Certainly so, until you got arrested
17: YES Reason: you were charged, but charges were dismissed by the judge.
18: YES Reason: Remember that traffic ticket? Well, not paying a traffic ticket is a crime, unless you go to court.
I think you should wait five years from now, stay out of trouble, keep your records clean, and reapply then.
Tired-Confused
Registered Users (C)
Hi Rui74,
I was in a similar situation- got pulled over for driving on suspended license. It is technically an arrest eventhough I was not handcuffed or actually put behind bars. I was fingerprinted, given a court hearing, and released within 30 mins. Similar to you, I appeared in court, case was dismissed, and I paid $50 for court fees. I was confused on the N-400 form, but brought everything with me to the interview. In my case, the incident happened 10 years ago. The IO did not make a big deal out of it. In fact, she spent more time on my absences from the US- I think that is a bigger flag in my application (you can read my posts).
After my interview, I was given the N-652 form which states that "a decision will be mailed to you". The IO told me she has to get final sign-off from a supervisor. It has been almost one month and I have not heard anything yet. Its a little stressful as I am anxious to get this over with, but I guess no news is better than getting a denial!
In your case, I also think that you will be fine. My impression from the IO and from a lawyer I consulted was that they are more concerned with DUI/abandonment of scene of accident/probation/ drugs, etc. Unknowingly driving on a suspended license is not a criteria for rejection, although depending on the IO, you may also need supervisor approval. The tax thing also should not be a problem as you are already on a payment plan.
One last comment- be completely truthful in the interview. Even if you misanswer some questions because the terminology is confusing, its is okay because the IO will make the corrections- it is not used against you as long as you are truthful under oath.
Good luck to you (and to me)!!!!
I was in a similar situation- got pulled over for driving on suspended license. It is technically an arrest eventhough I was not handcuffed or actually put behind bars. I was fingerprinted, given a court hearing, and released within 30 mins. Similar to you, I appeared in court, case was dismissed, and I paid $50 for court fees. I was confused on the N-400 form, but brought everything with me to the interview. In my case, the incident happened 10 years ago. The IO did not make a big deal out of it. In fact, she spent more time on my absences from the US- I think that is a bigger flag in my application (you can read my posts).
After my interview, I was given the N-652 form which states that "a decision will be mailed to you". The IO told me she has to get final sign-off from a supervisor. It has been almost one month and I have not heard anything yet. Its a little stressful as I am anxious to get this over with, but I guess no news is better than getting a denial!
In your case, I also think that you will be fine. My impression from the IO and from a lawyer I consulted was that they are more concerned with DUI/abandonment of scene of accident/probation/ drugs, etc. Unknowingly driving on a suspended license is not a criteria for rejection, although depending on the IO, you may also need supervisor approval. The tax thing also should not be a problem as you are already on a payment plan.
One last comment- be completely truthful in the interview. Even if you misanswer some questions because the terminology is confusing, its is okay because the IO will make the corrections- it is not used against you as long as you are truthful under oath.
Good luck to you (and to me)!!!!
hello tired-confused,
Yes, this sure is confusing and stressfull, i just recently started doing some research on this whole citizenship thing and it can get pretty stressfull and scary at times. I hope i will be ok. Good luck to you, hopefully you will get that letter to go take the oath soon.
Happy ending to my citizenship saga
I wanted to post this to bring closure on my story.
It was very uneventful at the oath ceremony -very solemn.
I submitted the N-445 form before the oath ceremony with one
"yes" to the question on the "arrrest, cited, charged after the interview"?
I was dreading for the response but the lady was very cool to it.
She asked me "if it was after or before the interview?" When I said
after she noted that it was a traffic ticket and asked me to initial
on the form. That was it. She didn't even bother to look at it.
And the ceremony began with all the speeches, videos, oath etc.
It was very memorable - 147 new citizens from 38 countries took
the pledge of allegiance.(I noticed that all the interview officers
that conducted the interviews that day were present at the oath
ceremony. Couple of them introduced themselves as DAOs in the
speeches.)
Finally, to put the brouhaha over traffic tickets to rest, it aint a
big deal that some people think over the tickets - of course for
minor speeding or other violations, taking care of them by paying
the fine and/or plea bargain would be enough.
I salute this forum for such great support and I immensely benefited
from this. To all would be citizens from this forum, I wish you all
tremendous luck and success. Ladies and Gentlemen, now it's your
turn at the dias ;-)
Thank you
I wanted to post this to bring closure on my story.
It was very uneventful at the oath ceremony -very solemn.
I submitted the N-445 form before the oath ceremony with one
"yes" to the question on the "arrrest, cited, charged after the interview"?
I was dreading for the response but the lady was very cool to it.
She asked me "if it was after or before the interview?" When I said
after she noted that it was a traffic ticket and asked me to initial
on the form. That was it. She didn't even bother to look at it.
And the ceremony began with all the speeches, videos, oath etc.
It was very memorable - 147 new citizens from 38 countries took
the pledge of allegiance.(I noticed that all the interview officers
that conducted the interviews that day were present at the oath
ceremony. Couple of them introduced themselves as DAOs in the
speeches.)
Finally, to put the brouhaha over traffic tickets to rest, it aint a
big deal that some people think over the tickets - of course for
minor speeding or other violations, taking care of them by paying
the fine and/or plea bargain would be enough.
I salute this forum for such great support and I immensely benefited
from this. To all would be citizens from this forum, I wish you all
tremendous luck and success. Ladies and Gentlemen, now it's your
turn at the dias ;-)
Thank you
NJ traffic ticket not in system, Problem
I am totally confused I will be eligible to apply for citizenship but I have pending traffic ticket.
My case detail is:
1. I had Maryland Driving license and visited Jersey City, NJ for job interview in April 2007. The officer in NJ gave me traffic ticket for IMPROPERTURN. Back side of the ticket is info that I can pay the ticket online www.njmcdirect.com when I go to online and enter the Ticket Information like COURT ID… PREFIX … TICKET NUMBER…. I get the message” NJMCDIRECT is unable to locate the ticket information. Please contact the Court to resolve this” some time I get the message “ NJMC direct is unable to locate the ticket information please contact the traffic ticket for alternate payment”. I have the ticket with me and I enter the info correct.
2. I called up the phone number that is backside of the ticket and they take 20-30 minute to pick up that phone. When I explained my problem the lady told me that Ticket is not in the system and call after few days. I have been calling every 5-10 days and get the same reply that the ticket is not in the system. I asked them if I can pay the ticket by sending check to the court then I got the reply that if the Ticket is not in system they cant take the payment.
3. One month back I got job in NJ and moved to NJ and got my NJ driving license and surrendered the Maryland license with NJ DMV at the time of getting my NJ license.
I don’t know what I should do I want to send the application for Citizenship. What will happen if the ticket is lost by officer or never gets entered in the system? How to handle the situation?
Any help, tip will be highly appreciated!!
I am totally confused I will be eligible to apply for citizenship but I have pending traffic ticket.
My case detail is:
1. I had Maryland Driving license and visited Jersey City, NJ for job interview in April 2007. The officer in NJ gave me traffic ticket for IMPROPERTURN. Back side of the ticket is info that I can pay the ticket online www.njmcdirect.com when I go to online and enter the Ticket Information like COURT ID… PREFIX … TICKET NUMBER…. I get the message” NJMCDIRECT is unable to locate the ticket information. Please contact the Court to resolve this” some time I get the message “ NJMC direct is unable to locate the ticket information please contact the traffic ticket for alternate payment”. I have the ticket with me and I enter the info correct.
2. I called up the phone number that is backside of the ticket and they take 20-30 minute to pick up that phone. When I explained my problem the lady told me that Ticket is not in the system and call after few days. I have been calling every 5-10 days and get the same reply that the ticket is not in the system. I asked them if I can pay the ticket by sending check to the court then I got the reply that if the Ticket is not in system they cant take the payment.
3. One month back I got job in NJ and moved to NJ and got my NJ driving license and surrendered the Maryland license with NJ DMV at the time of getting my NJ license.
I don’t know what I should do I want to send the application for Citizenship. What will happen if the ticket is lost by officer or never gets entered in the system? How to handle the situation?
Any help, tip will be highly appreciated!!
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Go to the court mentioned on that ticket. If the court claims that they dont have a record of the ticket, as of the date of your application, then you dont have a ticket. This can be due to various reasons. Frequently when information written on a ticket is not legible to the clerks, it is rejected and you luck out. Also, the officer may just not have filed the ticket back with the court. In any case you should get a letter from the court that you dont have any charges filed againsts you and keep it as a record. I dooubt if you have to mention this on the application since you dont have a charge filed against you.
ALternately to keep a paper trail you may mail (with usual tracking and/or return receipt) a check for payment to the court mentioned on the ticket. No matter what the outcome, you are then clean:
- either the court cashes the check and you can bring a copy of the ticket and cancelled check to the interview
- or the court keeps the check without ever cashing it. You can bring the copy of the ticket and a photocopy of the check you have sent
- or the court returns the check because they cannot match it to any of their records. You then bring to the interview the copy of the ticket, of your return receipt and of the letter sent back by the court.
Remember, the IO is establishing your Good Moral Character based on the actions you take such as your willingness to pay for the tickets, regardless of whether the courts accept your payment or not.
In addition, it avoids you a drive to NJ
- either the court cashes the check and you can bring a copy of the ticket and cancelled check to the interview
- or the court keeps the check without ever cashing it. You can bring the copy of the ticket and a photocopy of the check you have sent
- or the court returns the check because they cannot match it to any of their records. You then bring to the interview the copy of the ticket, of your return receipt and of the letter sent back by the court.
Remember, the IO is establishing your Good Moral Character based on the actions you take such as your willingness to pay for the tickets, regardless of whether the courts accept your payment or not.
In addition, it avoids you a drive to NJ
What if the poster wants to plead not guilty? I don’t think court will give date without the ticket in the system. Poster had DL of Maryland at the time officer gave the traffic ticket and got NJ DL after the traffic ticket I don’t think the poster will get any points to his NJ DL when the ticket goes to system.
I think officer should be having time limit to deposit the ticket with municipal court in NJ. Follow the advice of others, as I don’t know much about NJ traffic ticket or how it goes to system or time limit
I think officer should be having time limit to deposit the ticket with municipal court in NJ. Follow the advice of others, as I don’t know much about NJ traffic ticket or how it goes to system or time limit
Jackolantern
Registered Users (C)
Your ticket probably *is* in the system, but due to clerical error it was entered with a different number... like somebody entered it as 1234576 instead of 1234567.
The ticket in the system probably still has the right name and address and/or driver's license number on it, so what you need to find out is not whether this particular ticket is in the system, but whether *any* unpaid ticket whatsoever exists in the system for your name+address or driver's license number or car license plate number. If this ticket was entered with your personal details (albeit with a wrong ticket number) and you don't pay it, the next thing you'll get is a fine or court notice for failing to pay.
The ticket in the system probably still has the right name and address and/or driver's license number on it, so what you need to find out is not whether this particular ticket is in the system, but whether *any* unpaid ticket whatsoever exists in the system for your name+address or driver's license number or car license plate number. If this ticket was entered with your personal details (albeit with a wrong ticket number) and you don't pay it, the next thing you'll get is a fine or court notice for failing to pay.
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