N400 Traffic Citation + night in jail

[RonB1986 8]

I'm a little hung up on the n400 packet. My wife was stopped for a traffic violation and I have the original court document that covers the following;

Bail posted next day,

Citations for improper passing,

Failure to have insurance,

and no operators license.

 

The document shows the charges were guilty, a bench warrant put out and rescinded with a receipt for the fees. This is from 2006, and is a case history report. I'm not sure if I need any additional documents to turn in or if they would even be available at this point.

On the N400 is it supposed to be this redundant?

Have you EVER been arrested, cited, or detained by any law enforcement officer (including any immigration official or any official of the U.S. armed forces) for any reason? yes

Why were you arrested, cited, detained, or charged? improper passing, no operators/moped license, failure of owner to maintain required insurance security.

What was the outcome or disposition of the arrest, citation, detention, or charge? fine paid, conditional discharge.

Have you EVER been charged with committing, attempting to commit, or assisting in committing a crime or offense? Yes

Why were you arrested, cited, detained, or charged? Improper Passing, No Operators License, Failure to maintain insurance

What was the outcome or disposition of the arrest, citation, detention, or charge? fine paid, conditional discharge.

Have you EVER been convicted of a crime or offense? Yes

Why were you arrested, cited, detained, or charged? improper passing, no operators/moped license, failure of owner to maintain required insurance security.

What was the outcome or disposition of the arrest, citation, detention, or charge? fine paid, conditional discharge.

Have you EVER received a suspended sentence, been placed on probation, or been paroled? Yes

Have you completed the probation or parole? Yes

Why were you arrested, cited, detained, or charged? Improper Passing, Failure to maintain insurance, No operators license

What was the outcome or disposition of the arrest, citation, detention, or charge? Conditional Discharge per KRS 304.99-060

Have you EVER been in jail or prison? Yes How long were you in jail or prison? 0 years, 0 months, 1 day

Why were you arrested, cited, detained, or charged? improper passing, no operators/moped license, failure of owner to maintain required insurance security.

What was the outcome or disposition of the arrest, citation, detention, or charge? fine paid, conditional discharge

I know this forum doesn't take the place of legal advice, but I am trying to file it on my own. Dealing with an immigration attorney, 2 hours away, while she kept asking if my wife was from El Salvador (after dealing with her for several years) left a bad taste. Especially after she told me I owed her an additional 3 thousand dollars until I provided receipts. Anyhow, enough of the roast, if no one can help I understand and will seek out a different attorney to review the case. 

[Mike E 11,739]

This is not a DIY case imho. Hire a competent attorney. Does not have to be local. Most offices will permit the attorney to call into the N-400 interview.

[RonB1986 8]

Thanks Mike. My wife was convinced we should submit it since "all her friends said it wasn't hard." Having done the majority of the leg work thus far it makes me wonder what path they are taking :D.

I'll have to look around for a decent lawyer, last one was several hours away and couldn't keep up with us, finances, and really shook my confidence in a lawyer's ability to help. 

[Adujarric 67]

8 hours ago, RonB1986 said:

Thanks Mike. My wife was convinced we should submit it since "all her friends said it wasn't hard." Having done the majority of the leg work thus far it makes me wonder what path they are taking :D.

I'll have to look around for a decent lawyer, last one was several hours away and couldn't keep up with us, finances, and really shook my confidence in a lawyer's ability to help. 

I guess it all depends on the state you are submitting the application but seems to me like all you need is certified dispositions from that case to show the outcome of it. Any evidence of completion from the court and you shouldnt have any problems. Again not legal advise but i myself had several arrest 6 to be exact all for criminal offenses and it wasnt a problem during my N-400. It was an extensive interview and mostly center on my criminal history during my early 20s but i walked out a citizen. I had to show dispositions for all cases to show what i pled guilty to, cases that were dismissed, proof of completion of my probation for one of the cases and proof of completion of an anger management course i was mandated to take.  Just be truthful because they have everything they need but its up to your wife to do the leg work to find all the documents they already have lol. 

[RonB1986 8]

I have the case history showing the outcome of charges. And it notates all the fines being paid etc. Was the n400 similar to my initial post? Redundant on most questions concerning the who, what, why, where, and when of that one incident. 

[Family 3,988]

You are ok to DIY …just change your tactic. 
1. Do NOT submit any of your “original “ paperwork from the incident . Zero, zilch, nada . Think of OJ..he was arrested for murder ( original paperwork, but no conviction…
 

2. Get certified Court disposition..if court says records not available , that is all that is needed to satisfy USCIS. They cannot go behind a record of conviction…even in cases where there are arrests for felony … you are only talking about traffic violations.

 

3. You are fine with answering as you did on the questions. They are meant to cover the reality that applicants often have more than one contract with law enforcement and the nature of incident can vary …so grin and bear it. 
 

Your wife will be fine, spend the money on a second honeymoon right after she takes the oath.

[Family 3,988]

Just to give you a bit more peace of mind..these are the only bars to Good Moral Character for N-400..

https://www.uscis.gov/policy-manual/volume-12-part-f-chapter-5

[RonB1986 8]

7 hours ago, Family said:

Just to give you a bit more peace of mind..these are the only bars to Good Moral Character for N-400..

https://www.uscis.gov/policy-manual/volume-12-part-f-chapter-5

Thanks for the advice. Mainly I was concerned with messing up the paperwork at this stage in the game. It has been a long process and didn't want to drop the ball at the goal line. One MAJOR detail that I did not include was that when she was arrested, she gave a different name than her own. FWIW, the error wasn't made egregiously, but more due to the fact that I was copying and pasting the n400  questions, trying to include background, and thought I had included it in the original post. (It was brought up during I601 waiver)

Edited May 5, 2023 by RonB1986
missing information.

[Family 3,988]

The alias she used will show up on the FBI , so disclose it on the N-400 along with all other variations of her name ( maiden, married ..)
You should also get her FBI prints, inexpensive and available at any place they do livescan . Send it in with court documents . 
She can bring up the I-601 at interview, if Officer asks..but they already know. The important part is that she  never claimed to be a U.S. Citizen . 

[RonB1986 8]

4 minutes ago, Family said:

The alias she used will show up on the FBI , so disclose it on the N-400 along with all other variations of her name ( maiden, married ..)
You should also get her FBI prints, inexpensive and available at any place they do livescan . Send it in with court documents . 
She can bring up the I-601 at interview, if Officer asks..but they already know. The important part is that she  never claimed to be a U.S. Citizen . 

I did list it under aliases, so I think we should be good there. I will look into the FBI scans. I assumed that it would pop up on the biometric appointment, but never hurts to have an extra document in the binder. My wife gets upset at the size... especially considering it's becoming closer to a tome than a binder

Thanks again. 

[Family 3,988]

1 minute ago, RonB1986 said:

I did list it under aliases, so I think we should be good there. I will look into the FBI scans. I assumed that it would pop up on the biometric appointment, but never hurts to have an extra document in the binder. My wife gets upset at the size... especially considering it's becoming closer to a tome than a binder

When you run FBI , you get to see what they see..so no surprises. 
Try doing application online..they really do prefer it and likely will move faster. ..

[Family 3,988]

Did your wife adjust in US ( I -485 and I-601 requested at interview or through EOIR or Consular process?)

[RonB1986 8]

On 5/5/2023 at 9:40 AM, Family said:

Did your wife adjust in US ( I -485 and I-601 requested at interview or through EOIR or Consular process?)

She went back to Guatemala for about a month. 

[Family 3,988]

1 hour ago, RonB1986 said:

On 5/5/2023 at 7:40 AM, Family said:

Did your wife adjust in US ( I -485 and I-601 requested at interview or through EOIR or Consular process?)

She went back to Guatemala for about a mont

That makes it sound like she did an I-601 A ( waives unlawful presence only) . and the fake name traffic violation was not considered , it’s common because ICE didn’t get a chance to get her . the issue of false names , fake SS and I-9 only becomes dangerous in removal IF they go after the person.

But you should know it was not waived ..

 

She should still be okay to DIY the N-400 .. as there is nothing to do but get to the interview and see it through. 
 

It’s been over 5 years as LPR , so they won’t touch her green card and won’t pushback N-400 because she was never charged/convicted . 

 

[RonB1986 8]

6 minutes ago, Family said:

That makes it sound like she did an I-601 A ( waives unlawful presence only) . and the fake name traffic violation was not considered , it’s common because ICE didn’t get a chance to get her . the issue of false names , fake SS and I-9 only becomes dangerous in removal IF they go after the person.

But you should know it was not waived ..

 

She should still be okay to DIY the N-400 .. as there is nothing to do but get to the interview and see it through. 
 

It’s been over 5 years as LPR , so they won’t touch her green card and won’t pushback N-400 because she was never charged/convicted . 

 

Indeed it was a 601A. 

I'm glad you followed up on the "not waived" as that would have been my next question. Whether it was something we should worry about. (I did make the assumption that since it was declared and the 601a was successfully processed that it was a case of forgive and forget long term).