Calling USCIS for FBI check

[Kathryn41 3,205]

Yes, disclose the ticket. It shouldn't cause you any problem in and of itself. Failure to disclose it would be a problem. You will be required to answer even more specific questions about any entanglements with the law even further into the immigration process - there are several different questions about it on the citizenship document - so you don't want to be forced into a situation where you reverse what you wrote earlier as that will come back to haunt you. Disclose it at the interview and explain you were advised it did not count but you are worried that it does, so want to let them know you did not intend to misrepresent the true state of affairs, just did not understand what the true state of affairs were and ask for their understanding.

I had a similar 'citation' and I worried about how to handle it as well. I was cited and fined $10 for windsurfing without a life jacket:-). It didn't come up in any of my security checks and when I went to the Court to get a copy there was no record any more of the charge or fine. I had a newspaper article about it and a copy of the charge. The court sent me a letter stating that the records no longer existed. Nevertheless, I disclosed it all the way through the process submitting the newspaper article, the charge and the letter from the court saying the documentation no longer existed. At the citizenship interview, the officer definitely looked at it - then smiled and moved on. Disclosing it speaks to your 'integrity'.

Make several copies of your documentation - you will be requested by USCIS again - so you can inform them they already have the information on file and then provide certified copies for future use.

USCIS isn't only interested in the nature of the charge/crime/fine/ etc. - they are interested in the fact that you have disclosed the truth and as such have exhibited morally responsible behaviour -another of the criteria you must meet to become both a landed immigrant and a citizen.

Good luck.

Edited September 22, 2014 by Kathryn41

[harami 2]

Yes, disclose the ticket. It shouldn't cause you any problem in and of itself. Failure to disclose it would be a problem. You will be required to answer even more specific questions about any entanglements with the law even further into the immigration process - there are several different questions about it on the citizenship document - so you don't want to be forced into a situation where you reverse what you wrote earlier as that will come back to haunt you. Disclose it at the interview and explain you were advised it did not count but you are worried that it does, so want to let them know you did not intend to misrepresent the true state of affairs, just did not understand what the true state of affairs were and ask for their understanding.

I had a similar 'citation' and I worried about how to handle it as well. I was cited and fined $10 for windsurfing without a life jacket:-). It didn't come up in any of my security checks and when I went to the Court to get a copy there was no record any more of the charge or fine. I had a newspaper article about it and a copy of the charge. The court sent me a letter stating that the records no longer existed. Nevertheless, I disclosed it all the way through the process submitting the newspaper article, the charge and the letter from the court saying the documentation no longer existed. At the citizenship interview, the officer definitely looked at it - then smiled and moved on. Disclosing it speaks to your 'integrity'.

Make several copies of your documentation - you will be requested by USCIS again - so you can inform them they already have the information on file and then provide certified copies for future use.

USCIS isn't only interested in the nature of the charge/crime/fine/ etc. - they are interested in the fact that you have disclosed the truth and as such have exhibited morally responsible behaviour -another of the criteria you must meet to become both a landed immigrant and a citizen.

Good luck.

Thank you for your reply! I intend to disclose it fully during the interview and also explain why I wrote No on the forms.

I wanted to ask, has that arrest affected any other aspect of your life, such as being asked about it at borders, or having to declare it in other kinds of immigration forms, possibly while entering the US ( I know the border card you need to sign asks questions about arrests) or other countries as well?

[Kathryn41 3,205]

First, to clarify, I wasn't arrested. I was stopped while windsurfing on Lake Ontario by the RCMP, and charged with not wearing a life jacket (along with 2 other friends), then later served with an order to appear in Court to address the charge. I was found guilty (I was) and charged $10 - kind of a protest by the judge who thought it was ridiculous that cases like this had to appear in court. That is why there was a newspaper article written as there had been a number of other windsurfers charged around the same time. It is the equivalent of not wearing a seat belt.

I have always disclosed it whenever I have been asked, whether it was on immigration documents or security clearances for work. So, I was not arrested or detained, but I was charged and cited. This is why it is important to look at exactly what the question is asking, because in some cases you need to answer yes, but in others it will be no.

I worked for a Member of Parliament when I was still in Canada and when he was appointed to the Privy Council I had to undergo a level 2 security check from the RCMP since he would be - and through him, his staff - in contact with sensitive documents. I got my security clearance from the RCMP with no problem. I have never had any issues or concerns develop from the charge, crossing the border, with employment or during immigration to the US. The only real reaction I have ever received from anyone asking me about it was at my citizenship interview when the officer read it over, looked up at me, sort of smiled/chuckled, put it into the 'read' pile and moved on.

If it had been an actual arrest and detainment as well I don't know if that would have made a difference or not. So, I do not expect you are going to have any sort of hassle or problems with the charge you have either, but because it exists you need to disclose it as failure to do so could be interpreted as a form of misrepresentation, which does have serious consequences.

Good luck - and I really don't think you need to be worried about negative impacts from this haunting your life.

[harami 2]

Thank you for your replies. I have asked the court for a sealed envelope with the details of my ticket and disposition and the fine paid. I will take that with me when I go to the interview. I just had the biometrics done today so Im guessing the interview will be a good month or two away. Just wondering, from those who have had the interviews, could it be a big deal to change my answer from NO to YES on the arrested, cited, charged question? I imagine its anybody's guess, but given that its not that big a deal, I hope they accept my answer change and my court document, and that it does not trigger extra background checks and retroactively affect my EAD or AP. Any thoughts on that?

[maximus07 0]

On 9/23/2014 at 0:15 PM, harami said:

Thank you for your replies. I have asked the court for a sealed envelope with the details of my ticket and disposition and the fine paid. I will take that with me when I go to the interview. I just had the biometrics done today so Im guessing the interview will be a good month or two away. Just wondering, from those who have had the interviews, could it be a big deal to change my answer from NO to YES on the arrested, cited, charged question? I imagine its anybody's guess, but given that its not that big a deal, I hope they accept my answer change and my court document, and that it does not trigger extra background checks and retroactively affect my EAD or AP. Any thoughts on that?

 

Hi Harami, 

 

I'm exactly in the same situation as you - noise violation citation several years ago and now filing AOS, and wondering whether to answer yes or no on the arrest/fine question. 

 

Can you share if everything went okay at the interview? Did the officer question you or have any knowledge about your record? What's your advice - to disclose it on the application or not?

[harami 2]

 

 

Hi Harami, 

 

I'm exactly in the same situation as you - noise violation citation several years ago and now filing AOS, and wondering whether to answer yes or no on the arrest/fine question. 

 

Can you share if everything went okay at the interview? Did the officer question you or have any knowledge about your record? What's your advice - to disclose it on the application or not?

Hey. I Would say just go ahead and declare it. When I went for the interview I gave them the documents and explained what had happened and the officer just laughed and did not even follow up. Added to my file and that was that. I would not think about it twice and just say yes and add the documents. I did the same for ROC as well. 

Edited May 5, 2017 by harami

[TBoneTX 46,273]

Thread from 2014 is now closed to further comment.  Anyone with a similar issue (and whose question is not answered here) may start a new topic.