Traffic Tickets.....Whats your take on this..?

[OscarNav]

I searched this forum about people asking about speeding tickets and so forth. You know, if they should answer yes to the VERY confusing question "Have you been arrested, cited, or detained by a law enforcement officer...?"

I want to say yes to this answer because i have had a few tickets (7 years ago). Then again the N-400 instructions say not to submit any documentation for traffic fines that resulted in a $500 or less fine.

Does anybody know from their own experience or know of somebody that have had traffic tickets and Answered NO to this question and USCIS didn't delay their application...? I don't want to lie or keep nothing from them. I feel that i am on a time limit here, my Permant Resident Card expires March of 2008. Anybody....?

[djmenezes]

As of Nov 2006, you have to document ALL tickets (except parking tickets). Since tickets are basically you are cited/stopped by a officer, its recorded on file with the police. If you have missed out at the time you were filling in the application or got a ticket after sending the application, you can explain to the interview officer at the time of interview when the question arises, since they walk thro your application.

[OscarNav]

As of Nov 2006, you have to document ALL tickets (except parking tickets). Since tickets are basically you are cited/stopped by a officer, its recorded on file with the police. If you have missed out at the time you were filling in the application or got a ticket after sending the application, you can explain to the interview officer at the time of interview when the question arises, since they walk thro your application.

Can you post where i can see this info., about the Nov. 2006 rule to document all tickets...? I'd like to have a copy for my records. Can anyone else Verify this...? I might have to get my DMV record to have the dates verified.

[mario]

As of Nov 2006, you have to document ALL tickets (except parking tickets). Since tickets are basically you are cited/stopped by a officer, its recorded on file with the police. If you have missed out at the time you were filling in the application or got a ticket after sending the application, you can explain to the interview officer at the time of interview when the question arises, since they walk thro your application.

I don't think this is accurate. I could be wrong, but I highly doubt that you have to mention cases where you were simply pulled over and given a warning or a ticket below $500. Heck, a lot of times you get pulled over and then let go with no paper trail.... What happens then? If that were the case, just about every one would have to answer yes. I think the question about "ever being cited, etc." is within the context of doing something criminal, or in the context of a traffic violation, something pretty big.

The n-400 clearly states that traffic fines below $500 should not be reported. That's as clear as black and white! I'm not sure why there is such confusion about this. Afterall, you can't get a $499 fine without being "stopped", "cited" and interrogated :)

[djmenezes]

In the updated N-400 form - page 8, Section D for Good Moral Character. Question# 16 - "Have you ever been arrested, cited or detained by any law enforcement officer (including USCIS or former INS and military officers) for any reason?"

The N400 instructions says : Note that unless a traffic incident was alcohol or drug related, you do not need to submit documentation for traffic fines and incidents that 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.

[mario]

In the updated N-400 form - page 8, Section D for Good Moral Character. Question# 16 - "Have you ever been arrested, cited or detained by any law enforcement officer (including USCIS or former INS and military officers) for any reason?"

The N400 instructions says : Note that unless a traffic incident was alcohol or drug related, you do not need to submit documentation for traffic fines and incidents that 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.

Okay, so the million dollar word is "documentation"! And by the above wording, one needs to answer YES and then provide documentation based on the following scenarios:

1) if stopped & ticketed for speeding and given a $100 ticket, no documentation

2) if stopped & ticketed for DUI and given a $400 ticket, provide documentation

3) if stopped & ticketed for running a red light and given a $450 ticket, no documentation

4) if stopped & given a warning for making an illegal turn or whatever, no documentation

I am fine with that, but I can also tell you that the minute you answer YES, you are either going to be asked to send documentation before your interview because CIS does not know what the violation was (only yes/no) or be asked during interview what the offense was and then provide documentation. In both cases you run a very good chance of delaying the appl. process.

[djmenezes]

Just to add that you are under OATH at the time of the interview... From what I have heard they take that "very seriously".