questions on my complex situation

[travellers 2]

Hi, folks, I am ready to submit N400 but worried about my complex situation. 

I married my wife, a US citizen, 4 years ago. We were so happy but soon after our baby was born, my wife was diagnosed with cancer and passed away 5 months later. I am raising my kid alone and never marry again. When I am preparing N400 and supporting materials, I found myself concerned with these situations:

1. When my wife passed away, I claimed one-time survivor benefit of about $255(?) and child social security for my kid until 18 years old. I read the news that under the new rule, anyone who claimed benefit (hereby cause public burden) will be denied. Is this right? Can I still apply for naturalization?

2. I had a speeding ticket 11 years ago, no arrest and I just showed in court and paid fine. Four years ago, I had many parking tickets amounted to $1000. I also have paid them.  In the past three years my driving record was perfect. Do I need to answer "YES" to the question in N400 for such "citations"?

3. This is my biggest worry. 7 years ago when I was still a PhD student, I did some online e-biz and made some money but did not know I need to pay tax for this until I was approached by a police. He froze my bank account at the beginning and later I got to know that my money was once transferred to DHS. This case was quickly dropped a month later after I paid tax and a small fine. My frozen money was also returned . no sue at all. But last year when I apply for global entry and interviewed at the JFK airport  Customs and Border Protection. My application was denied because of this issue. It looks like this case has a record in DHS database. Since Customs and Border Protection and USCIS share the same database, am I still qualified to become a citizen? 

 

thank you folks. any of your opinions will be appreciated.

 

Edited July 12, 2018 by travellers

[Rushton50 10]

Hi, I cant comment on the public burden, but as for parking tickets and speeding fines, I would be honest and declare them. Most people get them and I doubt they would frown upon them unless you are getting regular tickets and not paying them.

 

However your biggest worry as  you put it, is to not tell them details and for them to find it all out...Here is a snippet from the interwebs I found "The good news is that debt alone is not a bar to naturalization. However, there are some financial issues that affect the moral character requirement and could interfere with your ability to naturalize as a U.S. citizen. ... If you let USCIS find this problem, you will likely be denied citizenship."

 

Hope this helps. There is a lot of resources out there on the web, but if you feel its complex situation for you, retain an immigration lawyer! 

[Russ&Caro 1,549]

My condolences on the death of your wife.

 

1. Your child's SSN survivor benefits have nothing to do with your N400 case. As to the $255, it probably doesn't matter but if it does, you can always return it.

2. Speeding and parking tickets are not serious. You should answer truthfully on whether you have ever received such citations but they're not going to make a difference.

3. Sounds like the tax issues on the e-biz revenue has been resolved. Like the citations issue, you''ll want to admit this truthfully if you encounter any questions like this. Chances are it will have no effect on N400 application. Remember, they have already granted you immigration benefits with that being on your record. The standards for global entry and citizenship are different and completely separate. Being disqualified for one doesn't mean you're disqualified from the other.

 

Good luck!

[geowrian 22,337]

1. The last I saw, that's a proposed rule, not an actual rule. Second, it won't impact naturalization since naturalization does not look at a public charge concern. It's true that certain financial issues could impact the Good Moral Character (GMC) requirement, but this is not the same as being a public charge concern nor would it be an issue here.
   1. I'm unsure on survivor benefit piece, sorry. If you applied for it and answered the form correctly and they issued it, then it shouldn't be an issue, though. GMC concerns would be if somebody made a misrepresentation in order to obtain a benefit for which they did not actually qualify for.
2. Answer truthfully. The tickets may or may not require documentation (so I suggest having it in case it is requested), but won't be an issue for naturalization.
   1. If somebody had an excessive number of parking tickets and/or ignored them, then that could be a GMC issue, but that doesn't sounds like the case here.
3. Since the issue is both outside the time period for which you are filing AND the issue has already been known when you obtained your green card, I doubt this would be an issue.

Best wishes!

Edited July 12, 2018 by geowrian

[Island 0]

Hi,

I am new to this forum and greatly appreciate it if someone with similar experience can give me advice regarding the following,

A couple of years back I received a red-light violation in the mail. I did not dispute and just paid it. Later, I obtained a detailed driving record and also requested for any violations, but DMV letter came with no violation or citation for my car or myself.

When I read N400 application, I saw a question asking the following:

"Have you EVER been arrested, cited, or detained by any law enforcement officer (including immigration official or any official officer of the US armed forces) for any reason?  YES  NO"

Regarding my above situation, what should I pick? Is red-light violation considered as a citation?

Thank you!

[ksp9 19]

2 hours ago, Island said:

Hi,

I am new to this forum and greatly appreciate it if someone with similar experience can give me advice regarding the following,

A couple of years back I received a red-light violation in the mail. I did not dispute and just paid it. Later, I obtained a detailed driving record and also requested for any violations, but DMV letter came with no violation or citation for my car or myself.

When I read N400 application, I saw a question asking the following:

"Have you EVER been arrested, cited, or detained by any law enforcement officer (including immigration official or any official officer of the US armed forces) for any reason?  YES  NO"

Regarding my above situation, what should I pick? Is red-light violation considered as a citation?

Thank you!

you would answer "YES" and I am sure the amount you paid would have been less than $200 so you will not provide any documentation to support it. During interview if ISO questions you related to it, you can have the supporting document from the district DMV as the case was closed (have that supporting document on you if needed by ISO). But you are fine and just mention "YES" that is all.

 

also Red Light violation (if not given by cop then it would have triggered based on your registration, so it would not impact you in general but again since you were the driver , you should state as "YES" only).

 

On the whole you will be fine and don't stress out related to it. Just answer "YES" without any documentation. My 2 cents.