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Traffic tickets and naturalization (threads merged)
- Thread starter patel789
- Start date
Probation is a sentence. A speed contest conviction is not a CIMT, but any probation for a major traffic incident may have to be completed before naturalization could be granted. It might not even be an issue, but just something to look out for.
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Probation is a sentence. A speed contest conviction is not a CIMT, but generally any probation for a major traffic incident would most likely have to be completed before naturalization could be granted.
(iii) does not say aggravated felony has to be CMIT
(A) General crimes.-
(i) Crimes of moral turpitude.-Any alien who-
(I) is convicted of a crime involving moral turpitude committed within five years (or 10 years in the case of an alien provided lawful permanent resident status under section 245(j) ) after the date of admission, and
(II) is convicted of a crime for which a sentence of one year or longer may be imposed.
is deportable
(ii) Multiple criminal convictions.-Any alien who at any time after admission is convicted of two or more crimes involving moral turpitude, not arising out of a single scheme of criminal misconduct, regardless of whether confined therefor and regardless of whether the convictions were in a single trial, is deportable.
(iii) Aggravated felony.-Any alien who is convicted of an aggravated felony at any time after admission is deportable.
(iv) High Speed Flight.-Any alien who is convicted of a violation of section 758 of title 18, United States Code, (relating to high speed flight from an immigration checkpoint) is deportable.
(v) 5b/ FAILURE TO REGISTER AS A SEX OFFENDER- Any alien who is convicted under section 2250 of title 18, United States Code, is deportable.
(vi) 5b/ Waiver authorized.-Clauses (i), (ii), (iii), and (iv) shall not apply in the case of an alien with respect to a criminal conviction if the alien subsequent to the criminal conviction has been granted a full and unconditional pardon by the President of the United States or by the Governor of any of the several States.
Put off applying for now..
Camp out outside the court, talk to everyone in the court, hire one of the best lawyers and plead with the court to reduce the fine and probation to USCIS acceptable level for citizenship. I have seen this work before. Be prepared to show commitment like selling your car or not using your driver's license. Judges show mercy too..
Camp out outside the court, talk to everyone in the court, hire one of the best lawyers and plead with the court to reduce the fine and probation to USCIS acceptable level for citizenship. I have seen this work before. Be prepared to show commitment like selling your car or not using your driver's license. Judges show mercy too..
(iii) does not say aggravated felony has to be CMIT
Speed contest misdemeanor is not a aggravated felony either.
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Speed contest misdemeanor is not a aggravated felony.
But we were told that after 1996 aggravated felony is re-defined as a crime whose sentence
exceed one year (do not need to be served). So 2 year probation is different from 2 year sentence?
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Aggravated felony is defined in 8 USC 1101(a)(43), not as a crime whose sentence exceeds one year. Aggravated felonies include:But we were told aggravated felony is defined as a crime whose sentence
exceed one year (do not need to be served). So 2 year probation is different from 2 year sentence?
1. murder;
2. illicit trafficking in a controlled substance;
3. illicit trafficking in firearms, destructive devices, or explosive materials;
4. money laundering or engaging in a monetary transaction in property derived from specific unlawful activity if the amount of the funds exceeded $100,000;
5. offenses described in various sections of Title 18 relating to explosive materials or firearms;
6. crimes of violence for which the term of imprisonment imposed is at least 5 years;
7. crimes of theft or burglary for which the term of imprisonment imposed is at least 5 years;
8. offenses described in various sections of Title 18 relating to the demand or receipt of ransom;
9. offenses described in 18 U.S.C. § 2251, 2251A, or 2252 relating to child pornography;
10. an offense described in 18 U.S.C. § 1962 relating to investing income derived from racketeer-influenced organizations;
11. offenses relating to owning, controlling, managing, or supervising a prostitution business or an offense described in various sections of Title 18 relating to slavery, peonage, and involuntary servitude;
12. offenses relating to gathering or transmitting national defense information, disclosing of classified information, treason, or intentionally disclosing the identity of undercover intelligence agents;
13. offenses involving fraud in which the loss to the victim exceeds $200,000, or tax evasion in which the revenue loss to the government exceeds $200,000;
14. an offense relating to alien smuggling for commercial advantage;
15. an offense under 18 U.S.C. § 1546(a) which constitutes trafficking in fraudulent documents for which the term of imprisonment imposed is at least 5 years;
16. an offense relating to failure to appear by a defendant for service of sentence if the underlying offense is punishable by imprisonment for a term of 15 years or more; and
17. any attempt or conspiracy to commit one of the above offenses.
http://www.usdoj.gov/usao/eousa/foia_reading_room/usam/title9/crm01934.htm
so i can't apply the citizenship because they will 100% likely deny my application? will hire a lawyer with me on the day of the interview will help?
i don't know about the 2 years probation about it, i will find the judgment letter and try to post here soon.
thanks again for the helps!
i don't know about the 2 years probation about it, i will find the judgment letter and try to post here soon.
thanks again for the helps!
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internetuser
Registered Users (C)
I'm planning to file my N-400, I've got two tickets
(1) Speeding ticket in Jan 2001 - paid fine and
(2) Non moving violation in Aug 2008 - went to court, reduced and paid fine.
I got my GC approved in July 2004, should I disclose both the tickets or just one after the GC in the last 5 years? Most of the questions in the N-400 are only for after GC, but not sure about the traffic ticket. Can someone answer like what is that we need to disclose on the N-400.
- internetuser
(1) Speeding ticket in Jan 2001 - paid fine and
(2) Non moving violation in Aug 2008 - went to court, reduced and paid fine.
I got my GC approved in July 2004, should I disclose both the tickets or just one after the GC in the last 5 years? Most of the questions in the N-400 are only for after GC, but not sure about the traffic ticket. Can someone answer like what is that we need to disclose on the N-400.
- internetuser
8 CFR 316.10(a)(1) states:
(c) Proof of good moral character in certain cases—(1) Effect of probation or parole. An applicant who has been on probation, parole, or suspended sentence during all or part of the statutory period is not thereby precluded from establishing good moral character, but such probation, parole, or suspended sentence may be considered by the Service in determining good moral character. An application will not be approved until after the probation, parole, or suspended sentence has been completed.
This means you should expect that your case won't be approved if you apply before your probation has ended. I don't see how having a lawyer present at interview would get you around this rule.
(c) Proof of good moral character in certain cases—(1) Effect of probation or parole. An applicant who has been on probation, parole, or suspended sentence during all or part of the statutory period is not thereby precluded from establishing good moral character, but such probation, parole, or suspended sentence may be considered by the Service in determining good moral character. An application will not be approved until after the probation, parole, or suspended sentence has been completed.
This means you should expect that your case won't be approved if you apply before your probation has ended. I don't see how having a lawyer present at interview would get you around this rule.
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so i can't apply the citizenship because they will 100% likely deny my application? will hire a lawyer with me on the day of the interview will help?
i don't know about the 2 years probation about it, i will find the judgment letter and try to post here soon.
thanks again for the helps!
Pay the fine, do the course and then apply. You might be ok while still being on probation, but not even paying the fine would be good grounds for an immediate denial.
Paying the fines and doing the course and currently serving on probation would net you a much better chance at success...
Pay the fine, do the course and then apply. You might be ok while still being on probation, but not even paying the fine would be good grounds for an immediate denial.
Paying the fines and doing the course and currently serving on probation would net you a much better chance at success...
An application cannot be approved until probation has been completed.
An application cannot be approved until probation has been completed.
Oh ok, wasn't aware about the probation part. I thought as long as you were currently fufilling it the IO may allow that and possibly accept it...
You DO NOT need to disclose traffic tickets in your N-400 ... I had a few tickets and I did not mention that in my N-400 -- the IO asked me if I got traffic tickets at the interview and I told her I did and that I had paid the fines -- no issues. My app was approved and I took the oath..so am all done. Good luck to you!
Thanks Raj. I haven't received any tickets but got the following:
- Redlight camera citation: Paid 75 dollars.
- Speeding camera citation: Paid 40 dollars.
But there were no tickets OR no officers involved in this. I have received the letters and I have paid the fines.
Do I need to show these in my N400 form?
- Redlight camera citation: Paid 75 dollars.
- Speeding camera citation: Paid 40 dollars.
But there were no tickets OR no officers involved in this. I have received the letters and I have paid the fines.
Do I need to show these in my N400 form?
Thanks Raj. I haven't received any tickets but got the following:
- Redlight camera citation: Paid 75 dollars.
- Speeding camera citation: Paid 40 dollars.
But there were no tickets OR no officers involved in this. I have received the letters and I have paid the fines.
Do I need to show these in my N400 form?
Since camera tickets are issued to the vehicle's license plate number and not the driver, don't disclose them. After all, anyone could have been driving your vehicle when it was speeding and/or going through a red light.
Since camera tickets are issued to the vehicle's license plate number and not the driver, don't disclose them. After all, anyone could have been driving your vehicle when it was speeding and/or going through a red light.
I don't think you need to disclose them on your N-400.. I checked with an attorney before I applied, I was told you only need to disclose if you were involved with drigs or alochol....good luck...
Raj
today i looked at the sentencing memorandum, i will type everything with check mark in front of it.
Arraignment for judgment
arraignment for judgment and time for sentencing waived. there is no legal cause why judgment should not now be pronounced.
Conditional Sentences(pc 1203b)/order of probation(pc 1203a)
Imposition of sentence is suspended
for a period of 24 months upon the following terms and conditions:
pay a fine of $355 plus penalty assessments
make restitution to victim xxx in the sum of ___ in an amount to be determined at a hearing( the guy didn't show up on the hearing day)
do not drive a motor vehicle without a valid driver's liicense in your possession, or without liability insurance in the minimum amounts required by law.
Enroll in and complete the : Hospital and Morgue Program
Pay all the following
A restitution fine of $100.00
a probation revocation restitution fine of $100.00
a court security fee of $20.00
Obey all lawsand orders of the court.
Defendant acknowledges that he/she understands and accepts the terms and conditions of probation.
counts/allegations 2 are dismissed on the people's motion pursuant to Penal code Section 1385 as to this defendant.
Compliance Dates: Defendant is ordered to appear in person on each of following compliance dates:
pay fines/fees in full by: 9/2/09
other: Ham(Hospital and Morgue Program) 9/2/09
Arraignment for judgment
arraignment for judgment and time for sentencing waived. there is no legal cause why judgment should not now be pronounced.
Conditional Sentences(pc 1203b)/order of probation(pc 1203a)
Imposition of sentence is suspended
for a period of 24 months upon the following terms and conditions:
pay a fine of $355 plus penalty assessments
make restitution to victim xxx in the sum of ___ in an amount to be determined at a hearing( the guy didn't show up on the hearing day)
do not drive a motor vehicle without a valid driver's liicense in your possession, or without liability insurance in the minimum amounts required by law.
Enroll in and complete the : Hospital and Morgue Program
Pay all the following
A restitution fine of $100.00
a probation revocation restitution fine of $100.00
a court security fee of $20.00
Obey all lawsand orders of the court.
Defendant acknowledges that he/she understands and accepts the terms and conditions of probation.
counts/allegations 2 are dismissed on the people's motion pursuant to Penal code Section 1385 as to this defendant.
Compliance Dates: Defendant is ordered to appear in person on each of following compliance dates:
pay fines/fees in full by: 9/2/09
other: Ham(Hospital and Morgue Program) 9/2/09
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