Really I need your opinion

[shakabala 2]

Hi everybody :

I wish you`re enjoying your day.

My question is : My sister started filling her N-400 , but she was confused about this question in part 13 :

""" Have you ever been arrested, cited or detained by any law enforcement officer

(including USCIS or former INS and military officers) for any reason? """

In 2011 she was driving with a temporary permit license by herself , and she was 29 years old then. The cop pulled her over and gave her ticket to go to the court ....In the court the judge told her that he`s gonna give her one month to go and do the driving test and if she came back with the valid permanent driving license he is gonna dismiss the case . Actually, she passed the test and she got her valid driving license in two weeks before the month . The judge said the case was dismissed and her record now cleared and she does n`t have any point in her record... And she didn`t get any ticket for almost 5 years just this case ...

This case happened 4 years ago .

some people say she has to answer " yes " ....but others say no coz this not a crime even though the law enforcement officer cited her....

Really we need help .....others say if she put yes and brought proof from the court The IO WILL DELAY HER application for no reason ,and she better not mentioning this till the IO asks her directly in the interview if she had traffic ticket .

And others say they don`t care about traffic issues .....

Thanks for your help in advance

[kris&me 572]

not an issue / we all get tickets in the US / they are asking about criminal offenses

not an issue / we all get tickets in the US / they are asking about criminal offenses

[shakabala 2]

Thanks for your quick reply , but do you have the same situation ? and you answer no ?

[hearsay 1]

I think they should answer yes and attach an explanation. If they didn't use the word cited you could have said no. Problem is IF (big if) they pull court records it will show up and they have been caught in a petty lie.

[shakabala 2]

Thanks for the answer, but court records are not the same of criminal records ...they are checking the criminal records depend on the fingerprints.In addition, the case was dismissed; therefore, it is not gonna show up in the record.

Actually, traffic violations are not crimes..

I`m wondering if this question was about the traffic issues ....they designed these questions in N-400 for big and serious crimes...

Still confused

Questions in N-400 have to be fixed, for it`s ambiguous to any expert .....

Edited October 6, 2015 by shakabala

[Ontarkie 14,227]

Mark yes and get the court records.

Members here have been asked to show proof they paid a parking ticket.

Edited October 7, 2015 by Ontarkie

[Dakine10 5,452]

Hi everybody :

I wish you`re enjoying your day.

My question is : My sister started filling her N-400 , but she was confused about this question in part 13 :

""" Have you ever been arrested, cited or detained by any law enforcement officer

(including USCIS or former INS and military officers) for any reason? """

In 2011 she was driving with a temporary permit license by herself , and she was 29 years old then. The cop pulled her over and gave her ticket to go to the court ....In the court the judge told her that he`s gonna give her one month to go and do the driving test and if she came back with the valid permanent driving license he is gonna dismiss the case . Actually, she passed the test and she got her valid driving license in two weeks before the month . The judge said the case was dismissed and her record now cleared and she does n`t have any point in her record... And she didn`t get any ticket for almost 5 years just this case ...

This case happened 4 years ago .

some people say she has to answer " yes " ....but others say no coz this not a crime even though the law enforcement officer cited her....

Really we need help .....others say if she put yes and brought proof from the court The IO WILL DELAY HER application for no reason ,and she better not mentioning this till the IO asks her directly in the interview if she had traffic ticket .

And others say they don`t care about traffic issues .....

Thanks for your help in advance

This question has come up many times. There have been examples where the IO writes something like "fine paid" and moves on to the next question. There are also examples where the IO says to change the answer to no because they don't care about traffic citations.

To be technically correct and follow USCIS guidelines, you would answer yes - it was a citation. For minor traffic violations, they generally do not require additional documentation but it's possible they may want to investigate further.

http://www.uscis.gov/sites/default/files/files/nativedocuments/July2008Q%26A.pdf

[shakabala 2]

Mark yes and get the court records.

Members here have been asked to show proof they paid a parking ticket.

Thanks sir ; That was my opinion to her too ...she has to mark yes.

[shakabala 2]

This question has come up many times. There have been examples where the IO writes something like "fine paid" and moves on to the next question. There are also examples where the IO says to change the answer to no because they don't care about traffic citations.

To be technically correct and follow USCIS guidelines, you would answer yes - it was a citation. For minor traffic violations, they generally do not require additional documentation but it's possible they may want to investigate further.

http://www.uscis.gov/sites/default/files/files/nativedocuments/July2008Q%26A.pdf

I told her, and we have already read this link. She says now " what if she mark " no" and take the disposition documents with her to the interview to explain her viewpoint to the IO ?

She says that she is worried to mark " yes" after arrested even though there is cited. She is worried they will misunderstand her answer.

Plus she believes that this question is about crimes not traffic thinks...I don`t know why she has this belief ???

she says the implied meaning of these question is not about the minor issues....

Actually, I think .......

I am confused now because of her thoughts.. I think she`s right .....

Edited October 7, 2015 by shakabala

[Dakine10 5,452]

I told her, and we have already read this link. She says now " what if she mark " no" and take the disposition documents with her to the interview to explain her viewpoint to the IO ?

She says that she is worried to mark " yes" after arrested even though there is cited. She is worried they will misunderstand her answer.

Plus she believes that this question is about crimes not traffic thinks...I don`t know why she has this belief ???

she says the implied meaning of these question is not about the minor issues....

Actually, I think .......

I am confused now because of her thoughts.. I think she`s right .....

They won't misunderstand her answer because she will explain it. They don't see "yes" and stamp a denial. Answering yes to those questions means they will ask for an explanation. There is no implied meaning and they are not being ambiguous. If they didn't want to know about citations, they wouldn't put it in the question.

If she marks no, she is answering incorrectly. It's best not to do that, especially over something as benign as a traffic citation.

[shakabala 2]

They won't misunderstand her answer because she will explain it. They don't see "yes" and stamp a denial. Answering yes to those questions means they will ask for an explanation. There is no implied meaning and they are not being ambiguous. If they didn't want to know about citations, they wouldn't put it in the question.

If she marks no, she is answering incorrectly. It's best not to do that, especially over something as benign as a traffic citation.

Great answer ... thanks Dankine10

[Nigel&Meggie 40]

Hi everybody :

I wish you`re enjoying your day.

My question is : My sister started filling her N-400 , but she was confused about this question in part 13 :

""" Have you ever been arrested, cited or detained by any law enforcement officer

(including USCIS or former INS and military officers) for any reason? """

In 2011 she was driving with a temporary permit license by herself , and she was 29 years old then. The cop pulled her over and gave her ticket to go to the court ....In the court the judge told her that he`s gonna give her one month to go and do the driving test and if she came back with the valid permanent driving license he is gonna dismiss the case . Actually, she passed the test and she got her valid driving license in two weeks before the month . The judge said the case was dismissed and her record now cleared and she does n`t have any point in her record... And she didn`t get any ticket for almost 5 years just this case ...

This case happened 4 years ago .

some people say she has to answer " yes " ....but others say no coz this not a crime even though the law enforcement officer cited her....

Really we need help .....others say if she put yes and brought proof from the court The IO WILL DELAY HER application for no reason ,and she better not mentioning this till the IO asks her directly in the interview if she had traffic ticket .

And others say they don`t care about traffic issues .....

Thanks for your help in advance

I was also unsure what to put for this question having had a speeding ticket and a ticket for no front license plate (both were paid up and not outstanding). I decided to go for NO and took the details of the offences to the interview. When the IO went over the application and we got to this question I told him i wasn't sure what to put and explained about the two tickets i had got. He said that I should have chosen YES and entered those details. He just simply changed my answers on the form and wrote in the details of the tickets without a problem. Although to be fair, I did have a really cool IO who was super friendly. Maybe a grumpy one would have made more of a big deal out of it. Anyway, once he had changed the form we carried on and i was approved without a problem.

[shakabala 2]

I was also unsure what to put for this question having had a speeding ticket and a ticket for no front license plate (both were paid up and not outstanding). I decided to go for NO and took the details of the offences to the interview. When the IO went over the application and we got to this question I told him i wasn't sure what to put and explained about the two tickets i had got. He said that I should have chosen YES and entered those details. He just simply changed my answers on the form and wrote in the details of the tickets without a problem. Although to be fair, I did have a really cool IO who was super friendly. Maybe a grumpy one would have made more of a big deal out of it. Anyway, once he had changed the form we carried on and i was approved without a problem.

thanks for your response

So did you pass your interview and got your citizenship fast ?

[AnotherLostSoul 167]

Ok, so I had a speeding ticket once. Yes, it is a citation. Is it big? No, no big deal at all and probably USCIS would not even care. But since she is filing for her citizenship, might as well start practicing the "good citizen" part, and show that she has nothing to hide. So, yes, if I was in her shoe, I would say "Yes" to that question and include a copy of my DMV record (to show it is clear) and any papers that shows she was cited, that she attended to court (if there's a documentation of that) and the judge's decision regarding if she does her driving test in a month she'll be dismissed, and if she has a copy or anything showing she did pass it within that specific one month. Basically anything that she can show what happened, what were the penalties, what was the outcome. But this is just imho.

[shakabala 2]

Ok, so I had a speeding ticket once. Yes, it is a citation. Is it big? No, no big deal at all and probably USCIS would not even care. But since she is filing for her citizenship, might as well start practicing the "good citizen" part, and show that she has nothing to hide. So, yes, if I was in her shoe, I would say "Yes" to that question and include a copy of my DMV record (to show it is clear) and any papers that shows she was cited, that she attended to court (if there's a documentation of that) and the judge's decision regarding if she does her driving test in a month she'll be dismissed, and if she has a copy or anything showing she did pass it within that specific one month. Basically anything that she can show what happened, what were the penalties, what was the outcome. But this is just imho.

Thanks for explanation, she has the court fees receipt paid and a pink sheet of the judge`s decision that it`s dismissed, but it`s just pink light copy and the marks so light ( it`s like the tickets sheets but the one under the carbon sheet . But how can she get a copy of her DMV record...the unofficial record online says nothing just endorse : none ,,Is that enough ?

And about the passing it with the specific time ...the pink disposition says the end of march and she paid the fees march 13th ....

Appreciated

Edited October 8, 2015 by shakabala