Impact of reckless driving on naturalization

[Nina&Roland 0]

Hi!

 

I was just about to file out my papers to start naturalization process when both, me and my US citizen husband, got a reckless driving ticket at the same time (i was following him on the road i didn't know). We live in the state of Virginia there reckless driving is considered to be a misdemeanor, so it's a very serious offense. We hired an attorney to help us with this situation but still there is a risk that it won't be that easy, although we have absolutely clean driving histories.

So, i need your opinion - should i wait for a trial or send papers for naturalization now?

And what kind of impact reckless driving on my record can put on my naturalization process?

 

Thank you!

 

[xyz12345 260]

Hello, I hope the following Q&A gives you comfort. Three of four lawyers agree that it shouldn't be a problem. It's even better if charges can be reduced.

 

 

https://www.avvo.com/legal-answers/i-m-going-to-apply-for-citizenship-naturalization--1005993.html

 

 

 

I’m going to apply for citizenship naturalization but I have one concern.

Fairfax, VA | November 19, 2012

I’m going to apply for citizenship naturalization but I have one concern. I was cited of reckless driving in Northern Virginia back in 2011, The charge was only speeding 79 mph in 55 mph zone, No alcohol and drug was involved at all, I was released upon a summons from the officer, I hired a lawyer for the court and the charged was dropped with the conviction of “Fail to obey highway sign” which is a minor infraction “even less than speeding”, since Virginia consider any speeding ticket over 20 mph over the posted speed as a reckless driving and considering as class 1 misdemeanor. What should I do in my application or should I hire a lawyer, No actual arrest was involved too.

 

• Posted on Nov 19, 2012
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You will probably not have a problem and the situation will be considered a speeding ticket. However, if you were charged with reckless driving and agreed to any conditions in order to reduce the charges, USCIS may consider your plea an admission of guilt to Reckless Driving.

Answer the questions on the N-400 honestly and provide certified copies of the citation and final disposition with your application.

If you want to be sure and reduce your anxiety I suggest you at least have an experienced immigration attorney look at the record and advise you.

 

• Posted on Nov 19, 2012
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While you have a conviction during the good moral character period, it does not appear to be a crime involving moral turpitude and therefore not automatically disqualifying. It will, however, need to be disclosed and addressed as part of you satisfying the good moral character requirement for naturalization.

Over the years I have handled many cases like this and have found the best way to address them is to prepare a memorandum of law explaining the alien's criminal history, why it is not disqualifying, and how the alien is otherwise a person of good moral character.

Whenever criminal issues are involved I strongly suggest that an alien retain qualified immigration counsel, whether it be me or someone else who knows what they are doing, to represent them. There is much more to immigration then just filling out forms. Knowing the nuances, especially in a case like this, is extremely important.

 

• Posted on Nov 19, 2012
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This should not prevent you from getting citizenship. You should answer yes to have you ever been arrested, cited, etc because it started as a misdemeanor and then explain it at the interview. If concerned, it doesn't hurt to consult with an experienced attorney.

 

 

 

Posted on Nov 19, 2012

 

You will need to disclose this incident on your application and provide certified copies of the court records.

Although there is no requirement to hire an immigration lawyer to assist you with your naturalization application, you should consider doing so. Your lawyer will be able to prepare a legal memo that explains to the immigration officer why your conviction should not disqualify you from becoming a citizen. In the event that the conviction does become an issue during your interview, you will be very happy to have a lawyer with you who will be able to help resolve the issue on the spot so that your application can move forward.

 

 

 

[f f 725]

just file now but mark the box that you have been charged with a misdemeanor and you will get an rfe for the court documents but at least the process is started. as stated it is not a crime of moral turpitude and even if it was it falls into the petty crimes exemption.

[Nick408 0]

Hello All,

I have a question.
I am scheduled for Oath Ceremony. I got a reckless ticket and my court date is after my Oath Ceremony. Do I need to reschedule my Oath Ceremony in-order to provide prove of the court to USCIS or just go to Oath Ceremony and tell them that I got this kind of ticket and I will take care of it on this date? I afraid if they make it bigger and I end up with no naturalization. Please advise

[EireneFaith 54]

12 minutes ago, Nick408 said:

Hello All,

I have a question.
I am scheduled for Oath Ceremony. I got a reckless ticket and my court date is after my Oath Ceremony. Do I need to reschedule my Oath Ceremony in-order to provide prove of the court to USCIS or just go to Oath Ceremony and tell them that I got this kind of ticket and I will take care of it on this date? I afraid if they make it bigger and I end up with no naturalization. Please advise

Go for your scheduled ceremony but on the paper that you filled up that you need to submit on that day before the actual ceremony you need to answer the questionaires and mention about the reckless driving ticket. Wait if USCIS will allow you or not. If not ask them what you need to do, but if they allow you that is good for you. Be honest and maybe the USCIS will allow you to take your oath.

[Nick408 0]

If I go with reschedule does it look more good. because when I go back in the future it will be great if I have prove that I took care of the court?

 

[Born2run4you 18]

4 hours ago, Nick408 said:

If I go with reschedule does it look more good. because when I go back in the future it will be great if I have prove that I took care of the court?

 

Sorry for that. I'm not an expert, but can't you just pay the fine (take care of it without going to the court)? That way it may make it likelier that you go to the ceremony without an issue?

[JaEnglishGirl 34]

8 hours ago, Born2run4you said:

Sorry for that. I'm not an expert, but can't you just pay the fine (take care of it without going to the court)? That way it may make it likelier that you go to the ceremony without an issue?

Paying a fine is not an option.

[Nick408 0]

18 hours ago, Born2run4you said:

Sorry for that. I'm not an expert, but can't you just pay the fine (take care of it without going to the court)? That way it may make it likelier that you go to the ceremony without an issue?

You cant pay Reckless tickets a head of time. You must show in Court.

Edited July 18, 2020 by Nick408
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[Hasan mh 0]

Hi there, I got a reckless driving ticket 20mph+ Posted speed 35 and I was 55 on June 7 , 2019 in northern Virginia. I went to court on July 18, 2019 and was found guilty and charged with 100$ fine + court fee which I paid that day. After two years  I’m trying to apply for citizenship and I’m worried it might cause problems. Also can anyone tell me which number of questions I have to mention the ticket information in citizenship application?  Also I noticed it said arrest date and location. But I wasn’t actually arrested I was seating inside car and he hand over the ticket. Please help me to understand what I should do. I’m really scared to apply for citizenship. Lastly I don’t have any other ticket or anything bad and I’m a full time student.

[El Escocés 217]

1 hour ago, Hasan mh said:

Please help me to understand what I should do.

First thing; don't worry.

 

At the appropriate question which goes along the lines of "have you ever been arrested, cited, or detained by law enforcement..."etc, you should say "yes". You will be given an opportunity later in the online form to state that you were cited for a traffic offense back in 2019, that you attended court and paid the fine and then submit evidence of the court disposition and the paid fine.

 

I have received two traffic citations, one in 2001 and one in 2016. I noted both in my application and showed proof that I had paid the fines or taken a defensive driving class. Neither was not brought up during my interview.

[retheem 564]

On 7/28/2017 at 6:56 PM, Nina&Roland said:

Hi!

 

I was just about to file out my papers to start naturalization process when both, me and my US citizen husband, got a reckless driving ticket at the same time (i was following him on the road i didn't know). We live in the state of Virginia there reckless driving is considered to be a misdemeanor, so it's a very serious offense. We hired an attorney to help us with this situation but still there is a risk that it won't be that easy, although we have absolutely clean driving histories.

So, i need your opinion - should i wait for a trial or send papers for naturalization now?

And what kind of impact reckless driving on my record can put on my naturalization process?

 

Thank you!

 

You will be denied and deported lol. Just kidding. Relax. If reckless driving would have been a factor, people would have been denied long time ago. 

[Neeyanaana 1]

Hi,

 

What happens if we miss to add the Reckless driving info during N400 submission, and later we find that it needs to be included? I have one ticket for reckless driving in 2010 and now after seeing this thread I am worried that I didnt fill that in N400, It was just penalty that I paid, no court appearance.

 

What needs to be done now? can I submit those evidences in the upload section, 

 

Or should I inform that I had ticket for reckless driving, during the interview ?

[Hasan mh 0]

On 6/29/2021 at 4:50 PM, El Escocés said:

First thing; don't worry.

 

At the appropriate question which goes along the lines of "have you ever been arrested, cited, or detained by law enforcement..."etc, you should say "yes". You will be given an opportunity later in the online form to state that you were cited for a traffic offense back in 2019, that you attended court and paid the fine and then submit evidence of the court disposition and the paid fine.

 

I have received two traffic citations, one in 2001 and one in 2016. I noted both in my application and showed proof that I had paid the fines or taken a defensive driving class. Neither was not brought up during my interview.

Thanks for replying. I’m worrying because it’s count as criminal charge. It’s misdemeanor class 1. 

[Dorakiss 17]

Hi ,

 Am trying to get more info's regarding my situation , my N-400 is being reviewed no interview yet but I just into an accident that makes it Three Surchargeable  car even in 24 months  stating  am at faulted and i need to take a driver retraining course program  if not my license will be suspended . MY QUESTION ARE ! SHOULD I BRING IT UP AT MY INTERVIEW ? IS THIS A misdemeanor ? CAN THEY DENIAL  ME BECAUSE OF THIS ?  Any advice will be much appreciated Thanks