mta MTA Fare Violation - Will This Affect Naturalization?

[yesandtolove 0]

Hi All,

 

My husband was recently ticketed by the MTA in New York City for fare evasion. He has an unlimited monthly metrocard and got on a bus; but for this particular bus (even though it's not marked clearly anywhere) you need to have a receipt upon entry to prove you paid. He had his hearing this morning, and was still found guilty, and had to pay a fine, although the judge even said on his paperwork that the MTA was not actually deprived of a fare because he had his unlimited card. Will this affect his naturalization? He has not committed any other crimes, and would literally not harm a fly. But I want to be prepared and am trying to look at this objectively. Has anyone else had experience with this? It's so minor, and in our minds no crime was actually committed, it's just the MTA trying to make a quick buck. But I know USCIS looks at these things with a different mindset... 

[mindthegap 2,590]

165.15 Theft of services.

Class A misdemeanor. Speak to an immigration attorney (which would have been wise to do so beforehand to be honest)

 

[EDIT - this place seems to think it is a CIMT: https://www.new-york-lawyers.org/crimes-involving-moral-turpitude-cimt-and-your-immigration-statu.html ]

Edited February 14, 2018 by mindthegap

[Wuozopo 4,293]

24 minutes ago, yesandtolove said:

Will this affect his naturalization?

Don't think so. Save all peprwork.

[yesandtolove 0]

28 minutes ago, mindthegap said:

To be clear... he wasn't arrested, and the fine was reduced from $100 to $60 because they found "the MTA was not deprived of a fare" 

 

[mindthegap 2,590]

You can receive a criminal conviction without being arrested.

 

See what the paperwork specifically says, but if this is the same law that is commonly used for hopping a subway turnstile, then as above, it is a class A misdemeanor and will have to be declared on every single piece of US immigration paperwork from now on.

 

[Jamon2k 0]

Did he receive a Pink citation ticket or a yellow one? The yellow one is non-criminal. Also, was the hearing at the mta transit adjudication bureau? If so, after you pay the fine, get a certified letter of disposition that proves the fine was paid.

[CarlHamilton 252]

He will have to disclose it.  Whether it will affect the outcome is anyone's guess, but it won't help. 

[Brother Hesekiel 2,236]

Great question. A really great one, which is a rare occurrence.

It's great because I don't know the answer to it, which is also a rare occurrence.

Prima facie the conviction would point to a crime of moral turpitude. Upon closer inspection, however, my educated guess is that most I.O.s would not feel that your hubby shouldn't become a US citizen because of it. But there's no guarantee that the I.O. adjudicating your husband's N-400 doesn't have a bad day and sees this differently. Too bad it's a "fresh" incident.

He'll have to disclose it, wear a clean shirt, and explain that it was an honest mistake on his part. Most likely he'll be fine.

[Marlz1844 36]

I suppose he got on a select service bus, which requires a receipt. My advice is to disclose it! Explain the circumstances and provide the paperwork that prove the fine was paid. I do not believe that it will disqualify him from naturalization. I know a lot of people who were cited for fare invasion and their immigration cases were still approved. I wouldn't waste my money on an attorney.

[pdx-alemancito 1]

I had the exact same situation in Portland, OR: I bought an online ticket, but forgot to activate it on the phone. Paid the fine, added the citation and proof that I paid the fine to the N400 paperwork, done. During the interview, officer flipping through my paperwork: "... you got a Trimet ticket..." - Me: "Yes" - Officer: "OK". Next section...