N-400 application : Traffic tickets and documents

[rekha2007]

Hi, Highly appreciate if someone could clarify the below 2 points

1. Do we have to mention traffic violations (speeding/moving tickets, no arrests) in the application and having it likely to affect your chance of citizenship

2. When you submit the application, should we provide photocopy of the marriage certificate? (in addition to the copy of the GC)

Thanks in advance

[SuperSanta]

1. Do we have to mention traffic violations (speeding/moving tickets, no arrests) in the application and having it likely to affect your chance of citizenship

You have to disclose them so that USCIS can make a determination.

Specifically question 23 asks if you've been "cited," as in citation which means any tickets at all. For my single traffic ticket, I answered yes for 22, 23, 24, and 25. Due to the wording ("cited" and "offense"); since I plead guilty to my ticket and paid the fine. I then entered my ticket into the box provided and put "PAID FINE" in the outcome. None of this delayed my application or caused a problem.

Having too many tickets, unpaid tickets, or tickets involving drugs or alcohol CAN impact your application. If your combined tickets exceed $500 you'll need to provide documentation (see N-400 guide). Below that you shouldn't need any documentation although at the USCIS's officer's discretion they can ask for it anyway.

There's no good reason to think they shouldn't be disclosed except people who misread the guide's note about documentation, or don't understand the term "citation." Most of the time USCIS doesn't care about low level traffic offenses, in particular as a LOT of applicants will have one or more.

2. When you submit the application, should we provide photocopy of the marriage certificate? (in addition to the copy of the GC)

See the "Document Checklist." If you're applying based on marriage (3 year rule, instead of 5 year rule) then you must also provide a PHOTOCOPY of:

- Your spouse's proof of citizenship (e.g. birth certificate, US passport, naturalisation certificate, etc).
- Marriage certificate
- Proof of how previous marriages ended: divorce/death of spouse/etc (if applicable).
- "Documents referring to you and your spouse" (see the Document Checklist for a full list).

Then bring the originals to the interview.

[rgupta]

N-400 Filing - Traffic Violation and Probation before Judgement

All,

I read one of the article in immihelp where other member selected Yes for question 23 and provided his information of the citation.

My query is I got speeding ticket and I hired a lawyer who represented me in the court. Traffic officer gave me 5 points and around $300 penalty (approximately remember) and I do have the citation and court documents.

I was on driving on a road which was going downhill where my vehicle suddenly picked up more speed and I end up my first ticket by a Traffic officer and without even I was aware that car speed increased and within few second he caught me and apologized as there was no intention of mine to drive on high speed.

Lawyer submitted to court on my behalf "Not guilty" and received Probation before Judgment for 2 years by the court and $125 fine which I paid. All points removed because of my past driving history as I never had any ticket by Traffic Officer since I came to US. I completed 2 years probation without any fine or traffic citation.

Do I need to mention in my N-400 this Probation before Judgment as there is no jail time or any criminal office.

Please advise.

Thanks

[SK_RT]

Hi,

I have a similar question. I had a ticket for going straight on a must turn right lane and got a ticket for 87$. I paid the fine (didn't challenge it in court).
Do I need to answer "YES" to question no. 23 on having been ever cited by law-enforcement officer?

Thanks

Hi, Highly appreciate if someone could clarify the below 2 points

1. Do we have to mention traffic violations (speeding/moving tickets, no arrests) in the application and having it likely to affect your chance of citizenship

2. When you submit the application, should we provide photocopy of the marriage certificate? (in addition to the copy of the GC)

Thanks in advance

[inadmissible]

Yes, you have been cited by a law enforcement officer

[SK_RT]

Thank you so much for the quick reply. So I will reply YES to this question. Should I send the copy of the citation (obtained via website) and credit card payment entry to show that I have paid the fine?
Please let me know. Thanks again!

Yes, you have been cited by a law enforcement officer

[inadmissible]

In general, when applying for naturalization you should be prepared to furnish certified dispositions of each and every case in which you were ever arrested, cited, or charged.

As a practical matter, there are costs & obstacles to obtaining certified dispositions (and translations if necessary). For example, you might have to appear in person some place very far away, or where it is unsafe for you to be, or where there is no longer functioning government institutions

In that case, you would be curious which situations require that you submit certified dispositions, as compared to those situations in which you will be required to submit certified dispositions only upon the request of the USCIS officer adjudicating your naturalization application. For this, reference the USCIS Policy Manual, section B of https://www.uscis.gov/policymanual/H...-Chapter3.html

An applicant is required to provide a certified court disposition for any arrest involving the following offenses and circumstances, regardless of whether the arrest resulted in a conviction:
•Arrest for criminal act committed during the statutory period;
•Arrest that occurred on or after November 29, 1990, that may be an aggravated felony;
•Arrest for murder;
•Arrest for any offense that would render the applicant removable;
•Arrest for offenses outside the statutory period, if when combined with other offenses inside the statutory period, the offense would preclude the applicant from establishing GMC; and
•Arrest for crime where the applicant would still be on probation at the time of adjudication of the naturalization application or may have been incarcerated for 180 days during the statutory period.
These procedures are not intended to limit the discretion of any officer in requesting documentation that the officer needs to properly assess an applicant’s GMC. In general, an officer has the authority to request the applicant to provide a court disposition for any criminal offense committed in the United States or abroad to properly determine whether the applicant meets the GMC requirement.

In general, a citation in lieu of an arrest is equivalent to an arrest for these purposes. In your specific case, you committed a minor traffic violation. To be clear, I use the term minor because of my opinion on its material effect upon your life; but there is no legal threshold for "minor". If it occurred during the "statutory period" (ie 5 years in general, 3 years if you were married to a US citizen for 3 years), you will be required to furnish a certified disposition. In that case, not including it with your naturalization application will result in an RFE which will inevitably delay your naturalization. So, if I were in your shoes, I would take the morning off from work, march down to the court house, and pay the fee to obtain a certified disposition

[Kwess55]

N-400 Application: Traffic Tickets And Documents

The only time you disclose this is when you get arrested and Please what ever you do, DO NOT LIE to uscis your chances of getting approved is higher when you tell them the truth.

[suziq38]

Citations

I instruct my students to get a copy of their driving record from the Department of Motor Vehicles. I believe that it costs about $5.00.

This way, you can show that your citations are cleared.

[avipops]

Traffic Citation for N-400

I got an onilne report of my driving record from DMV and it does not show any violations. I know I have had some traffic tickets in the past (may be not in the past 5 years).

Should I put none in my N-400 form?

Is there another good source to identify the traffic tickets from the past?