Traffic violations and filling the N400 citizenship application

S

sikander

Registered Users (C)
Dear Friends:

I'm preparing to fill out the N-400, in advance. I've been in the US on a GC for over 4.5 years now, and hope to send in my N-400 by the end of March/early April. I have some questions pertaining to Part 10 "Additional Questions" of the N-400.

SITUATION:
Since coming to the US 10 years ago, I have received:
* 1 misdemeanor citation for not carrying the driver's license of the specific state I was living in, although I was carrying a valid US driver's license but of another state (I had been living in Idaho for over a year, but had not obtained an Idaho driver's license to replace my prior Arizona driver's license). I hired a lawyer to contest this with a not guilty plea. This was followed by a motion and then an order for dismissal of the misdemeanor by the Idaho courts. So it was dismissed and disposed.
* 2 speeding tickets (both infractions; one of these tickets was given to me along with an citation for expired vehicle registration, mentioned below). I paid the relevant fines for these. I know for sure that one of these infractions was disposed and am pretty certain the other one was also.
* 2 infraction citations for not carrying proof of liability insurance with me in my car (my car was actually fully insured electronically on both occasions, but every few months or so my insurance provider would send me a current paper card as proof of insurance, which I had forgotten to place in my car; upon presentation of the paper insurance card, one of these infractions was disposed and for the other one I paid the relevant fine. I'm pretty sure this also got disposed).
* 1 infraction for expired vehicle registration (I got this along with 1 of the speeding tickets mentioned above). I paid the relevant fine for this.

I was never arrested for any of the above.

QUESTIONS:
1) Question 15 of Part D ("Good Moral Character") of Part 10 asks: "Have you ever committed a crime or offense for which you were not arrested?". Would any of the above infractions/misdemeanor qualify as committed crimes or offenses, even though they were all dismissed/disposed? (btw none of the fines was greater than $500, in fact they were always much, much less).
2) Question 16 asks: "Have you ever been arrested, cited or detained by any law enforcement officer (including USCIS or former INS and military officers) for any reason?". Would the fact that I received infraction/misdemeanor citations mean I would reply "Yes" to this question, even though all the citations were dismissed/disposed?
3) Question 17 asks: "Have you ever been charged with committing any crime or offense?". My question is, what's the difference between committing a crime/offense and being charged with committing one? Was I charged in any of the above mentioned infractions/misdemeanor?
4) Question 18 asks: "Have you ever been convicted of a crime or offense?". My question is, what's the difference between committing a crime/offense and being convicted of one? Was I convicted of any of the above mentioned infractions/misdemeanor?
5) Finally, if I answer "Yes" to any of the above 4 yes/no questions, does that damage or delay my chances for US Citizenship?

Many thanks in advance for your help. And also in advance, I wish you a Merry Christmas & Happy New Year!

Sikander
 
All your listed problems have nothing to do with the question "Have you ever committed a crime or offense for which you were not arrested". For the purpose of that question, you were arrested becaus eyou were stooped by the cop and was cited. That question was reserved for crime you commoited but was not caught by the police.

By the way, first misdemeanor was 10 years ago. Did you disclose it on the GC application? You have to be consistent
 
Thanks WBH

Although I honestly don't understand your answer. I thought all my listed porblems have something to do with the question "Have you ever committed a crime or offense for which you were not arrested", since I was, in fact, not arrested.

The first (and only) misdemeanor was actually 6 years ago. I believe I disclosed it in the GC application.

Thanks again
 
sikander said:
Thanks WBH

Although I honestly don't understand your answer. I thought all my listed porblems have something to do with the question "Have you ever committed a crime or offense for which you were not arrested", since I was, in fact, not arrested.

The first (and only) misdemeanor was actually 6 years ago. I believe I disclosed it in the GC application.

Thanks again
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Your answer to the question about committing a crime for which you were not arrested would be "NO". That question refers to committing a crime and getting away with it.
 
Answer YES for question 16, because you got cited. For the rest of them answer NO. Disclose the various incidents, and bring the relevant court papers for the misdemeanor to show proof of dismissal (generally if you go to court, they will want to see the court papers even if the fine was under $500).
 
Vorpal said:
Your answer to the question about committing a crime for which you were not arrested would be "NO". That question refers to committing a crime and getting away with it.
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...Like when all the times everybody speeds and isn't arrested/cited :eek: (Just Kidding!!! Normally the answer to 15 is NO unless you really did commit a crime and got away with it). Yes for 16 for the traffic citations.
 
I threw away the papers and documentation for my traffic tickets (red light violation and expired vehicle sticker). Where would I get copies of these records?

DMV? AAA?

Thanks.
 
For the incidents where you went to court, you can get a certified disposition from the court. For the others, contact the DMV in your state to find out where to get the records (they may also direct you to the court, depending on how they operate in your state).
 
GungaDin said:
More like... for all of us with cars... :D
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If minor traffic tickets were used in moral character determination, the approval rate would probably be less than 50%. Every single driver lincense holder that I know has had at least one traffic ticket in their life.
 
Vorpal said:
If minor traffic tickets were used in moral character determination, the approval rate would probably be less than 50%.
Click to expand...

This is true for unpaid minor traffic tickets and/or excessive minor traffic tickets for the same infraction (ex: speeding) rather than just having 1-2 minor tickets. For example, someone who chooses to disclose that they have 10 unpaid minor tickets in the last 2 years or 10 speeding tickets in the same period would face a greater chance of denial compared to someone who disclosed they have 1-2 paid minor tickets in the same period.
 
Bobsmyth said:
This is true for unpaid minor traffic tickets and/or excessive minor traffic tickets for the same infraction (ex: speeding) rather than just having 1-2 minor tickets. For example, someone who chooses to disclose that they have 10 unpaid minor tickets in the last 2 years or 10 speeding tickets in the same period would face a greater chance of denial compared to someone who disclosed they have 1-2 paid minor tickets in the same period.
Click to expand...

A denial, or at least continuance, for unpaid tickets is understandable. As far as multiple tickets for the same offense are concerned, even if the case is denied, I'm sure it would get overturned on appeal. If the appeal won't work, then the courts will overturn the denial. After all, it's happened before and the courts sided with the applicant.
 
Vorpal said:
.. I'm sure it would get overturned on appeal. If the appeal won't work, then the courts will overturn the denial. After all, it's happened before and the courts sided with the applicant.
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The question then is how many applicants choose to appeal all the way to federal court? It seems USCIS has the upper hand in denying someone when they know the hassles an applicant faces in the appeals process.
 
Bobsmyth said:
The question then is how many applicants choose to appeal all the way to federal court? It seems USCIS has the upper hand in denying someone when they know the hassles an applicant faces in the appeals process.
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True. However, there are (or, rather, have been) a lot of applicants who filed WOM lawsuits when the namecheck issue was a pervasive element of the application process. Then again, a WOM usually compelled the USCIS to adjudicate the application without an actual court hearing. Appealing a naturalization denial would most certainly result in a court hearing.
 
FunBoy75 said:
Interesing topic. Does each traffic ticket is counted as a traffic citation?
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Never seen a USCIS guideline what traffic violations should be reported.
Generally speaking people here agree that tickets given with your named
specified should be reported. Those parking ticket and camera issued tickets
may not need to be reported.

For green card application, there is a "excluing traffic violation" clause.
Many people don't know what traffic violation can be excluded. It seeems
DUI should be reported. ordinary speeding, stopsign, red light tickets do not
need to be listed. Obscure part is reckless and careless driving. Again never seen a USCIS guideline clearly stating what.
 
Vorpal said:
Appealing a naturalization denial would most certainly result in a court hearing.
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An valid appeal via N-336 would result in an USCIS administrative hearing. A federal court hearing would only result if a N-336 was denied and the applicant choose to further appeal via Federal court system.
 
Bobsmyth said:
An valid appeal via N-336 would result in an USCIS administrative hearing. A federal court hearing would only result if a N-336 was denied and the applicant choose to further appeal via Federal court system.
Click to expand...

Correct. That's what I meant to say.
 
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