N-400 & 9 Traffic violations


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I have been in the US for 20 Years. F1, H1-B, and now LPR. Over the 20 years, I managed to get 9 traffic tickets. None of these are over $500 individually, but the total adds up to more than $500. No DUI or DWI. All were paid in a timely manner and I have documentation for each. I am now getting ready to apply for Citizenship, and will list all 9 incidents on N-400. Other than these, my record is clean. taxes have been paid on time, and there is no other complications regards to F1, H1B, or LPR, or any other legal or criminal issues.

My question - do the traffic tickets pose any risk to smooth processing of my citizenship application? Is there any risk of denial?

I am grateful for any advise you can offer.

Thanks!

Edited by Aggie2492
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There's always a risk of denial. Depends on tickets.. and on the eventual USCIS officer reviewing the N400. And on elapsed time since the last one. 

A mix of speeding/reckless/red light -type tickets may gave the n400 reviewer pause at the number of violations. In the end it may come to nothing, or you could be asked to wait some time and reapply. 

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Provence, thank you for your response.

One followup question - 5 out of the 9 tickets are camera tickets. For some reason, these are considered non-moving violations. The  ticket (notice of violation) itself has this on it - "This violation is a non-moving infraction. No points will be assessed and the infraction will no be reported to your insurance company". 

So the question is, if these are non-moving violation, should these still be listed on the N-400?

Thanks!

 

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12 hours ago, Aggie2492 said:

Provence, thank you for your response.

One followup question - 5 out of the 9 tickets are camera tickets. For some reason, these are considered non-moving violations. The  ticket (notice of violation) itself has this on it - "This violation is a non-moving infraction. No points will be assessed and the infraction will no be reported to your insurance company". 

So the question is, if these are non-moving violation, should these still be listed on the N-400?

Thanks!

 

The rule is that moving violations have to be listed.

I personally would consider red-light tickets to be moving violations, but if they explicitly said they are not... They probably didn't want to figure out who the driver was... That's really the main thing. Non-moving tickets go to the owner of the car who hasn't necessarily been the driver. Moving tickets go to the driver.

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Provence & JoeF, thank you both for your response.

JoeF,  The ticket does very explicitly make it clear that it is a non-moving violation. But, if I understand you correctly, you are saying you'd still list these on N-400. Correct?

I am the owner of the car, and I was also the driver at the moment the violations occurred. I paid the tickets without contesting.
I do not want to prevaricate, or be disingenuous in my application. At the same time, I don't want to provide information that is not needed, and is not necessarily in my favor. I had simply assumed I was going to list the tickets till I saw the language on the ticket, and now I am debating. Can I seek your advice please? Usually, I err on the side of caution. In this instance, I don't know which side the caution is.

Thanks!

 

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Clear non-moving violations, like parking tickets, also go to the owner, and the owner may have parked the car there...

If the ticket says it's not a moving violation I personally would not list it. But I am a lay person, I could be wrong on this. I never got a red-light ticket, I only had speeding tickets, and they weren't an issue for my N-400.

You may want to discuss your case with an immigration lawyer.

Edited by JoeF
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Beginning to look like a judgment call.  I"d err on the side of.. Better to list em and not be an issue later, vs not list em and something comes back to bite you in the you know what. 

Irrespective of generic advice on a public forum, it'll be the USCIS officer's call whether to dig deeper into the collection of violations. On one hand, no DUIs is a good thing, but a rolling number of violations could (could) end up being an issue. It is what it is; any licensed driver has to face the consequence when they're party to a violation. 

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  • 3 weeks later...

For traffic tickets (citations), I am wondering whether we answer Yes to Question 23?  What do we do for Questions 24 and 25 (that talk about crimes and offenses)?

23) Have you EVER been arrested, cited, or detained by any law enforcement officer (including any immigration official or any official of the U.S. armed forces) for any reason?

24) Have you EVER been charged with committing, attempting to commit, or assisting in committing a crime or offense?

25) Have you EVER been convicted of a crime or offense?

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  • 10 months later...
On 7/12/2018 at 12:40 PM, JoeF said:

The rule is that moving violations have to be listed.

I personally would consider red-light tickets to be moving violations, but if they explicitly said they are not... They probably didn't want to figure out who the driver was... That's really the main thing. Non-moving tickets go to the owner of the car who hasn't necessarily been the driver. Moving tickets go to the driver.

Absolutely wrong and I am not sure where is JoeF getting his information. Some reference from USCIS site would be welcome.

As per N-400 instructions given by USCIS:

NOTE: You must submit documentation of traffic incidents if:
(1) The incident involved alcohol or drugs;
(2) The incident led to an arrest; or
(3) The incident seriously injured another person.
You do not need to submit documentation for traffic fines or incidents that did not involve an arrest or did not
involve drugs or alcohol, if the only penalty was a fine of less than $500 or points on your driving record.

If these conditions are not met, you don't need to mention on the form N400.

Don't complicate things for yourself, stick to what USCIS asks specifically.

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7 hours ago, Sup-Recruitment said:

Absolutely wrong and I am not sure where is JoeF getting his information. Some reference from USCIS site would be welcome.

As per N-400 instructions given by USCIS:

NOTE: You must submit documentation of traffic incidents if:
(1) The incident involved alcohol or drugs;
(2) The incident led to an arrest; or
(3) The incident seriously injured another person.
You do not need to submit documentation for traffic fines or incidents that did not involve an arrest or did not
involve drugs or alcohol, if the only penalty was a fine of less than $500 or points on your driving record.

If these conditions are not met, you don't need to mention on the form N400.

Don't complicate things for yourself, stick to what USCIS asks specifically.

I guess you didn't quite comprehend what they say:

"You must submit documentation" is VERY different from what I stated: " You must LIST".

You ABSOLUTELY have to list moving violations. You don't have to provide documentation, BUT you still have to LIST moving violations.

Please learn to read and comprehend what you are reading. Thank you.

Again, "The rule is that moving violations have to be listed." I 100% stand by what I stated.

And that IS "sticking to what USCIS asks." Case closed.

Edited by JoeF
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A speeding ticket is a citation (look at the actual ticket, it says "citation"), and citations have to be listed. No but or if. Part 12, question 23: "Have you ever been arrested, cited, ..." A speeding ticket is a citation, so under point 29, you have to list it.  Period. End of story.

Edited by JoeF
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