The infamous arrest/citation/violation question

[shayy17 3]

I know this question has been asked before but I'm not sure how to answer:

My husband was stopped for failing to yield for a pedestrian (said pedestrian was ACROSS the street and stepped off the curb after the car was already more than halfway across the crossing)

Husband went to court at the date indicated on the ticket and spoke to the DA (or whoever it is that speaks to people) and they reduced it to a parking violation (which he plead guilty to and paid the $150)

He had written no on the n400 to this question but I definitely think he needs to tell the IO in the interview. Question is what does he say? I had a parking ticket? Or does he need to tell this whole (long) story?

[Hypnos 6,576]

He should have answered "Yes" on the N-400.

He should bring it up at the N-400 interview.

Edited March 9, 2015 by Hypnos

[shayy17 3]

He should have answered "Yes" on the N-400.

He should bring it up at the N-400 interview.

Right, he is planning on that... But the question was should he just say it was a parking violation or does he need to tell the whole story?

Edited March 9, 2015 by shayy17

[Hypnos 6,576]

Once he tries to correct his answer they will probably ask for the full story anyway.

Was he arrested or detained?

[shayy17 3]

No, just a traffic stop

[huy_le 32]

I just had my interview and brought up the two speeding tickets I had but did not list. My IO asked if I had anything else more serious like DUI and if I paid my tickets. I said yes and that was it. It seems like speeding ticket or parking ticket is no big deal as long as you don't have them outstanding.

[shayy17 3]

I just had my interview and brought up the two speeding tickets I had but did not list. My IO asked if I had anything else more serious like DUI and if I paid my tickets. I said yes and that was it. It seems like speeding ticket or parking ticket is no big deal as long as you don't have them outstanding.

Thanks, I hope so. I guess then just saying he got a parking ticket (which is what it ended up being) is enough and if the IO wants more info he'll ask.

[osmosesnew 17]

Had my interview last week and had outstanding improper cellphone use ticket. IO only asked me to mail in receipt after payment or court disposition that case was dismissed. I paid the ticket anyway and just mailed it in. She said if the ticket was not outstanding she wouldn't have bothered about seeing the receipt.

[huy_le 32]

Yep, that is why during this time if people don't want their cases delayed, better just pay tickets and be done with them. Some people try to settle for deferred probation thinking it would help, it is in fact quite the opposite.

Had my interview last week and had outstanding improper cellphone use ticket. IO only asked me to mail in receipt after payment or court disposition that case was dismissed. I paid the ticket anyway and just mailed it in. She said if the ticket was not outstanding she wouldn't have bothered about seeing the receipt.

[ExPatty 502]

He should have answered "Yes" on the N-400.

He should bring it up at the N-400 interview.

It is very minor and so bringing it up won't cause any harm, but if he wasn't detained and it was only $150, well below the $500, did he really need to bring it up--probably not according to what I've read.

As far as OP is concerned, if he does bring this up in the interview, I would leave it at parking violation, because that's what it is. No need to get into details unless pressed (unlikely). Bring proof that it is paid.

See post 3:

http://www.visajourney.com/forums/topic/330189-traffic-tickets-on-n-400/

USCIS states:

"Even if you have committed a minor crime, USCIS may deny your application if you

do not tell the USCIS officer about the incident. 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 less than

$500 and/or points on your driver’s license."

Edited March 10, 2015 by ExPatty

[shayy17 3]

Thank you that was very helpful. I'll contact the court now to see how I can get a receipt just in case the IO wants to see it

[novedsac 355]

Why not just be honest and describe it like it is ... a citation for failure to yield to a pedestrian which was reduced to a parking violation and fees paid in full. That is what the court record will indicate ... why take the chance that USCIS would see something different than what you tell them? Furthermore, the question is quite clear that USCIS is asking for arrests and citations, not just what one was convicted of.

Edited March 10, 2015 by novedsac

[JimmyHou 611]

Thanks, I hope so. I guess then just saying he got a parking ticket (which is what it ended up being) is enough and if the IO wants more info he'll ask.

I don't think this is a good idea. He didn't get a parking ticket, so saying he did would not be truthful.

What happened is that he got a traffic citation (a moving violation) which was then reduced to a parking ticket. That's what he should say.

Think of it this way; if he had been pulled over for speeding and then a judge dismissed the speeding ticket, he wouldn't truthfully be able to claim that he had never been pulled over for speeding.

Make sure he has something to show that the chargers were reduced so that they understand why you are showing them a receipt for a parking ticket. They probably won't ask to see anything.

[shayy17 3]

Ok thank you, I will have him say that then and take a receipt along with his driving record just in case

[carton025 38]

My gal just went through her N-400 interview last week. She also had a ticket/citation for running a red light and paid a fine for it. She listed it on her application. The IO asked her if she had been arrested and she said no and the IO told her that it was not an issue. I believe the IO told her that it was not even necessary to have listed it. This was just my gals experience. I am sure others here will tell you different.