Law Offices of Rajiv S. Khanna, P.C.
Very scared!!! Please help.
- Thread starter Sonubaba
- Start date
Isn't it a requirement that the ticket exactly call out the section of the code in question? Traffic tickets usually specify the section of vehicle code.
The officer checked "Entered without payment" as I mentioned before.
For citizenship, they would look at your conduct for the last five years barring any thing major such as criminal history etc. However, you have not written why you were deported. Unless it was for a major reason, you should be absolutely fine.
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Filed my citizenship application just a fortnight ago. I had one conviction for disorderly conduct in 1998 for which I paid $ 100 fine. Would this be considered my second conviction making me deportable ??
According to this: http://en.wikipedia.org/wiki/Moral_turpitude
disorderly conduct is not considered a crime involving moral turpitude. The relevant part of CFR 8.12.II.IV. § 1227 about multiple convictions making one deportable,
http://www.law.cornell.edu/uscode/8/usc_sec_08_00001227----000-.html, reads:
"(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."
So, since your 1998 conviction did not involve CMT, it looks like you would not be deportable on multiple convictions grounds even if it turns out (as seems unlikely to me) that your fare evasion thing is a criminal offense involving CMT.
Since you are so worried and are panicking (which, IMO, you should not be), I'd suggest that you consult a criminal lawyer familiar with the NY law as well as, perhaps, an immigration lawyer. A criminal lawyer should be able to tell you if the fare evasion offense you are charged with is a criminal or a civil one.
I also think that regardless of whether it is a criminal or a civil offense, it is a good idea for you to contest the ticket, go to the hearing and see what happens. Even if it is true that MTA adjudicators have an 85% conviction rate, you might fall into the lucky 15%. You never know until you try. The only thing to remember here is that by the time of the naturalization interview you need to have the ticket disposed of one way or another (either pay the fine or have it dismissed) since at the interview the IO will want to see the proof of disposition of the ticket.
I am not a lawyer and not much of an expert, but I think you should not withdraw your N-400 and should go to the interview and see what happens. It seems likely to me that you will be approved. Remember, the IO has pretty wide discretion in adjudicating such cases. EVEN if an N-400 applicant is bona fide deportable, the IO, in most cases has the discretion to approve the N-400 application anyway. There have been lots of cases of this kind reported in this forum, e.g. people who have unlawfully voted in U.S. elections and still got approved for naturalization. Also, again even for bona fide deportable cases, the IO has the discretion to deny the N-400 but not refer the case for deportation proceedings. Of the cases of technically deportable aliens, the number of those where N-400 is denied and deportation is initiated is very small and usually happens if more serious crimes were involved.
In your case it looks to me like the absolute worst that could happen is that your N-400 is denied this time around on lack of GMT grounds and that you have to wait several more years before you can re-apply again. I should say that based on what you reported here, this outcome appears to me fairly unlikely.
Instead of panicking, you should treat your situation as a practical problem requiring a practical solution. Talk to the lawyers, go to the hearing to contest the ticket and proceed from there.
Jackolantern
Registered Users (C)
My case is a little complicated that MTA ticket. I am planning to file for US Citizenship for myself and my family. My problem is I was deported back in 1986. I was able to come back to the US in 1999 under visitor's visa (When I applied for the visitor's visa, I put on my application that I was deported in 1986 but for some reason, I was given a visa) Anyway, a company sponsored me for H1B and later on GC. On my GC application, I put that I was deported in 1986 but during our GC interview (We were with a lawyer), our lawyer told the Immigration officer that he thought the deportation record will be an issue but the officer said no, it should not be an issue. The only reason why we want to interview is to make sure he is still here (I moved from CA to the east coast).
Anyway, I'm afraid now that my citizenship will not be approved because of the deportation record which I will declare on my application anyway.
Any opinion will be greatly appreciated. Sorry for my long post.
Your situation is very different from what is being discussed in this thread. Please start a new thread, telling us the reason for deportation.
The officer checked "Entered without payment" as I mentioned before.
If the officer did not clearly write the exact code that you violated, the ticket may not be valid at all. "Entered without payment" is incorrect in your case since you purchased a ticket.
WTF!
Looks like the local Government is in desperate need of $$$$!
Oh yeah, Mayor "Tax Hike" Mike Bloomberg is constantly ordering ticket blitzes to raise revenue, particularly when it comes to parking tickets. During one such ticket blitz a few years back, a man was ticketed for loitering because he was hanging out in front of the barber shop where he was employed. Daily News, one of our local newspapers, did a big expose on that. Police officers and meter maids must fulfill a monthly ticket quota, whose existence the top brass will deny until they are blue in face. Ah well, just another fine day in NYC!
Anyway, the OP should not worry about this ticket. More likely than not, he/she will be found guilty by the MTA kangaroo court and have to pay a fine. However, this is not a criminal offense and will not affect naturalization eligibility.
Filed my citizenship application just a fortnight ago. I had one conviction for disorderly conduct in 1998 for which I paid $ 100 fine. Yesterday, I was stopped at the subway station when I was with my son for fare evasion. My son and I were helping a woman with a child in stroller and a lot of bags and my son carried her stuff in both his hands. I swiped the card for my son and then myself but unfortunately, the order was reversed. The cop gave me a ticket for using school metro card despite seeing everything. He kept insisting that it is not criminal and is just like a parking ticket. I'm planning to fight this ticket and the woman has agreed to give me a statement on oath as to what transpired. I am also planning to take my son to the ticket hearing.
I haven't slept a wink and it looks like my entire life crumbled down due to this incident. I was looking at MTA adjudications and it turned out that their conviction rate is over 85%. I also came across a case where a woman swiped a child who ran to the turnstiles and then used his school card for herself - she was fined for fare evasion. I called the telephone # on the ticket and they said that this is a civil ticket but they also said that the records would remain. I'm not so sure the woman understood the gravity of the matter.
Please help. I'm suicidal. Should I withdraw my citizenship application if I end up being convicted? Would this be considered my second conviction making me deportable ??
Even if you are convicted of this, it is not something on which the USCIS can deny your application. Just appeal
and whatetever the outcome, keep the documentation with you...Peope commit crimes that are greater than
yours and still they get their citizenship. If the officer told you that the ticket is just like a parking ticket, it
should not matter...don't worry about it...you should be just fine..
I am really thankful to all of you. I am of course fighting the ticket. Will take a lawyer and my son to the court. The woman who I was helping has stopped picking up my phone so I doubt she will come to the court or sign any statement. Would offer to pay the fine as donation or something if the ticket is dismissed since its very obvious the MTA needs money. Would explain that it would affect my immigration status. Let"s hope for the best. Will post whatever happens. I'm seeing the lawyer tomorrow. She's also a retired NYC cop.
faysal - Hope your interview goes well tomorrow. I am also from Seattle and have sent N400 just yesterday. Please share your interview experience with us.
Thanks for the good will..........I have taken the off from work, and as soon as I am done with them will
post my experience here...so tune in....
Al Southner
Registered Users (C)
The OP,
If you had the fare card, showing when it was purchased and your son's card, then you committed no crime. The last time I checked the statutes or local ordinances, confusion issues has never being judged to be a crime. Depending on when your case is being held, plan to go guns blazing....especially if you have a fare card that you could have used but accidentally used your son's. NYC officers suck and hence the city is filthy....collect money and never do anything to better the city..except to provide food for squirrel size rodents...
Fight like there's no tomorrow...
If you had the fare card, showing when it was purchased and your son's card, then you committed no crime. The last time I checked the statutes or local ordinances, confusion issues has never being judged to be a crime. Depending on when your case is being held, plan to go guns blazing....especially if you have a fare card that you could have used but accidentally used your son's. NYC officers suck and hence the city is filthy....collect money and never do anything to better the city..except to provide food for squirrel size rodents...
Fight like there's no tomorrow...
So here's the scoop. Met the lawyer who is also a retired NYC cop. After listening to me she called her brother who is a NYC Transit cop!! Her brother informed her that the ticket is Civil and does not show up anywhere even if a fine is paid voluntarily or after appearance before the Court.
She also told me the horror stories of NYC and adjoining counties collecting monies by issuing all kinds of tickets. She said what was happening was nothing short of extortion. (Speeding tickets being plead to lower violations BUT with greater fines (Actually, the fines are lower but there are surcharges which are very high making the ticket double of speeding ticket) just so that the City can collect more money but no points so insurance not going up. Everyone chooses to pay higher fines for lower violations, to avid higher insurance charges.
In any case, she's coming with me to the hearing but she says the chances of success are not that much since I did go on the student's card. Confusion is no defense but she says she'll speak to the officer before the hearing to appeal to his good side. Let's see.
She also told me the horror stories of NYC and adjoining counties collecting monies by issuing all kinds of tickets. She said what was happening was nothing short of extortion. (Speeding tickets being plead to lower violations BUT with greater fines (Actually, the fines are lower but there are surcharges which are very high making the ticket double of speeding ticket) just so that the City can collect more money but no points so insurance not going up. Everyone chooses to pay higher fines for lower violations, to avid higher insurance charges.
In any case, she's coming with me to the hearing but she says the chances of success are not that much since I did go on the student's card. Confusion is no defense but she says she'll speak to the officer before the hearing to appeal to his good side. Let's see.