Traffic tickets and naturalization (threads merged)

I read all this long thread and found only one person that was similar to me in terms of the number of tickets. I have seven tickets that I got during a four year period. I have four stop signs, one red light, one speeding, one broken headlight, and one registration expiration. I don't have any tickets for the last three years. All the fines are already paid. I wonder, if my history of having a lot of tickets can have a negative impact in my naturalization process. I am planning to send my N400 soon. I'd appreciate if anybody knows the results of similar cases.

Thanks

Well I am worse off since my tickets are even more recent. I have a ticket this year and in a couple of previous years. 2001 was my worst year with 5 tickets :) Well at this point we have what we have.
 
I read all this long thread and found only one person that was similar to me in terms of the number of tickets. I have seven tickets that I got during a four year period. I have four stop signs, one red light, one speeding, one broken headlight, and one registration expiration. I don't have any tickets for the last three years. All the fines are already paid. I wonder, if my history of having a lot of tickets can have a negative impact in my naturalization process. I am planning to send my N400 soon. I'd appreciate if anybody knows the results of similar cases.

Thanks

1 tickect, 2 tickects.....same difference. I have had more than 20. (seriously!)
 
1 tickect, 2 tickects.....same difference. I have had more than 20. (seriously!)

Wow! I see that you're a US citizen now. Did you disclose your tickets in your N400 or talk about it with IO? I'd appreciate if you tell me about your experience. Thanks a lot...
 
Wow! I see that you're a US citizen now. Did you disclose your tickets in your N400 or talk about it with IO? I'd appreciate if you tell me about your experience. Thanks a lot...

No I didn't disclose. I had my driving record showing I don't ought any outstading tickets, but OI didn't ask. Wether you disclose or not, the most impotant is to have documentation just in case.
 
Hi, I have been following this thread for sometime as I was waiting for my Interview Letter.

Today 09/17/09, I received my interview letter for 11/10/09, and there was another document with the IL notice, Form N-659 (Interview Document Check List) and under point # 10 , there was a note as follows:

"Note: Unless a traffic incident was alcohol or drug related or serious personal injury to another person occured, you do not need to submit documentation for traffic fines and incidentsthat 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"

I had a speeding ticket back in 12/2007, and I paid the fine $273.00, which was refunded back to me in 05/2008 as my case was dismissed in the court

When I filled the N-400 application, I did not mention this ticket as it was dismissed, and after looking at this thread I started to get confused .

So does the above note means we have to declare the traffic incidents even if fines less than $500, but we do not need to bring documentation for it during the interview , would appreciate if someone can explain ??
 
No I didn't disclose. I had my driving record showing I don't ought any outstading tickets, but OI didn't ask. Wether you disclose or not, the most impotant is to have documentation just in case.

Thanks formerf1. Things are very ambiguous. I'll definitely get my traffic records and take them to the interview. Based on the Naturalization guide that asks for documents only for DUI and fines over $500, it makes sense to not disclose the minor violations but have the records at the interview. But I still may talk to a lawyer. If I get any clear advice, I'll post it here. Thanks again for your feedback.
 
Thanks formerf1. Things are very ambiguous. I'll definitely get my traffic records and take them to the interview. Based on the Naturalization guide that asks for documents only for DUI and fines over $500, it makes sense to not disclose the minor violations but have the records at the interview. But I still may talk to a lawyer. If I get any clear advice, I'll post it here. Thanks again for your feedback.

I tried to talk to my lawyer about one of my tickets and he wanted $1000 just for that in addition to the $1500 he wanted for filing. I have now decided to file on my own and if USCIS has questions about my tickets there is nothing that the lawyer can do that I cannot. He even wanted me to get all the details from the ticket from the court even. All it was a accident just my car involved no one hurt but since it was rain and I was at the posted speed limit I got a misdemeanor. Apparently I was supposed to drive below the posted speed limit. I think USCIS should prescribe fees for immigration lawyers like our President is defining wall street exec's pay :)
 
I paid around $200/hr for a lawyer. They said to declare all traffic tickets in the N-400 and also send proof (copies) of the disposition, even if the fines were less than $500.

Has anyone sent disposition copies with their application?
 
I paid around $200/hr for a lawyer. They said to declare all traffic tickets in the N-400 and also send proof (copies) of the disposition, even if the fines were less than $500.

Has anyone sent disposition copies with their application?

No offense but after paying $200/h for a lawyer there shouldn't be any unanswered questions. What type of citation did you receive?

If it was DUI/DWI related you would need to submit documentation.
 
It's fairly obvious that the question regarding committing offenses or crimes for which an applicant was not arrested refers to ARRESTABLE offenses which the applicant got away with. A traffic violation (other than DUI/DWI and some reckless driving offenses) are NOT ARRESTABLE to begin with. Therefore, the answer to that question should be "NO". Same goes for the question about being convicted of an offense. It clearly refers to having been convicted in a court of law. If, by your logic, an applicant had to answer "YES" to both of those questions, just about every applicant would appear to be a hardened criminal. If anything, the only question that applicants with traffic tickets should answer "YES" to is the question that asks if the applicant has ever been cited.

1) I'd say disclose the traffic tickets rather than hide it . Recall that the question says "have you ever commited a crime or a offense for which you were not arrested" . The answer is "yes" because you committed a traffic offense but were never arrested.

2) If you paid a fine then the answer to "have you ever been convicted of an offense or crime" is also "Yes"

Finally traffic tickets dont effect the moral character . In one of the opinions in the UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN the court said that although the person had 16 tickets and multiple DWLS (driving without license suspensions) it didn't bar him for establishing good moral character. He was denied n-400 by the court and the DAO not becuase he had tickets and DWLS but because he didnt disclose them during the n-400 and interview.

It is not a legal advise , please consult a lawyer.
 
Folks

My wife was involved in an accident in which a pedestrian was hurt. Cops did not issue any tickets since it seemed more of pedestrians fault. Now, do I need to report that incident. If I do, there is no documentation available since no tickets were issued

Your opinion/suggestions in this matter are greatly appreciated
 
Dear Vorpal

Just because the n-400 instructions says that you dont have to include documentation for any traffic tickets for fines less than 500 /points on ticket doesn't mean that these are not to be reported .

I disagree with your assessment on the tickets. Traffic Tickets don't affect your moral character requirements as long as you repport it . If you dont then you have given a potential reason to deny/revoke your citizenship or any immigration benefit for misleading them.


Re whether you have to report something that didnt result into an arrest /citation that need not be disclosed

disclaimer :This is not a legal advice

If you reread my original post, you'll see that I didn't mention anything even close to not having to disclose traffic tickets. What I did say was that if you CHOOSE to disclose traffic tickets, then answer "YES" to the question that asks if you've ever been cited by a law enforcement officer, not the questions asking if you've ever committed a crime or offense for which you weren't arrested or the question about having been convicted of a crime or offense.

At my interview, the IO never asked me if I've ever been cited, but asked me if I've ever been arrested. At my oath, the IO in charge specifically instructed everyone not to disclose traffic tickets. Also, I highly doubt that the USCIS will initiate denaturalization proceedings because an otherwise applicant didn't disclose traffic tickets. There are way more serious things to worry about than traffic tickets. Plain and simple, the USCIS doesn't care about them, unless it's a DWI/DUI/reckless driving with a fine over $500.
 
Also during my interview the DAO correct those questions and changed them as "YES" in my n-400 application. this means that I had not answered it correctly and could have been an issue if there was a different DAO

Also , fyi whenever you pay a fine for a traffic ticket it is paid in a court and technically that is a conviction . you can check you own DMV records as to what they call it. These are called convictions and there is a reason for that. These traffic proceedings in most cases are handled in a court .. these are not administrative proceedings. folks typically please guilty /not guilty and that is than handled by a court. A person who has received a ticket at any point in his life has a court reccord whether he likes it or not

There have also been plenty of cases on this forum where the IO crossed out "YES" and entered "NO" when applicants disclosed traffic tickets. As far as paying a traffic fine, it is not a CRIMINAL conviction. Also, your statement about tickets handled in court not being administrative proceedings is simply not true. For example, in New York State, traffic tickets are handled by the traffic violations bureau, which is a purely administrative agency, operating under the umbrella of DMV. Perhaps in your state traffic tickets are treated as criminal violations (let me know what state it is, so I can make sure never to drive through it), but that doesn't mean that every state treats them the same way.
 
I stand with Vorpal on this.
Maybe because I'm a fellow Newyorker, but I think having 2300 post about traffic tickets is paranoia.
I called several times USCIS and spoke to IOs. They all told me they don't care about those, unless there was an arrest involved.
I had a few tickets but I checked NO.
Checking YES to having committed a crime for which there was no arrest is pure paranoia. The question itself clearly has other purposes.
 
You can stand with Vorpal . the IO and the cusotmer service may tell you that they dont care but the Question is clear "Have you ever been cited , detained , arrested for anyhting "

what part of the question is not clear . Also the instructions dont say dont disclose it . They say if the fines is less than 500 dont provide docs. That is different than saying dont disclose it. prior to 2005 there was a clear exception to listing traffic tickets , it was removed because some people would not report reckless driving./DUI . In some states you dont get arrested for reckless but you are charged with traffic misdemanour i.e. VA

Long story short , Id recommend everyone to disclose it

I am not a lwayer

There you go, you found the explanation of the unclear instructions.
Let's use some common sense and we will have a better life. :)
 
They are not UNCLEAR instructions . I am refering to the question on n-400 and it is very clear

"Have you ever been cited , detained or arrested "

CITED = Traffic tickets

"Have you ever committed a crime or OFFENSE "

OFFENSE = Traffic tickets


It is very clear


Regarding instructions , if you want to interpret to your advantage please do so. I was recommned rightly so by my lawyer to disclose it . It is a legal issue and not what you would like to interpret it as

My friend, you go ahead and disclose them.
I didn't disclose them. And you are the one with a bigger chance of having your case delayed.
All I'll do is bringing a fresh DMV record which says that my DL is valid (and therefore no unpaid tickets). And be sure I won't volunteer any info. And I'll still answer NO to that question, unless SPECIFICALLY asked about traffic tickets by the IO.
 
if you have a copy of the n-400 app. please goto the last page and look for your signatures and read the statements right above it.

And when you go for the interview you will take the truth serum i.e. oath to speak the truth .

Technically and legally you would not be disclosing the truth if you dont tell it to the IO

This is not a legal advice :)


I can live with that.
 
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