Traffic Misdemeanor from 19 yrs ago on N-400

[Deejunx 1]

Hi everyone

 

Back in 2005, I was on an F1 visa student and was charged with a misdemeanor of Driving While License Invalid in Texas because my driver license got suspended due to unpaid traffic ticket. I was young and dumb and was advised by the prosecutor to take a plea bargain of paying a fine of $500 and 3 days in jail. But the actual jail time is 0 days - only a book-in, and immediate book-out. So I did not spend any time in jail after court, other than the initial jail time after getting arrested for the traffic stop (which is only 2 hours). I then paid the fine, and my drivers license was reinstated. Today, I am using the same driver license number from 2005.

 

Currently I'm a green card holder since 2016 through my US citizen spouse. During the IR-130 process, I disclosed the misdemeanor record in the application, even gone through the embassy interview (they asked about it, and I answered with the same explanation above) and thankfully my green card is approved. Did not use any lawyers.

 

I still have all the court records I submitted for my green card process. And I also was able to get a certified copy of the records from the Court House. I just want to see if anybody have had any similar experience or any advice for me to move forward? Want to add, since getting my green card in 2016, I don't have any traffic tickets or any criminal charges.

 

So my questions are these:
- When applying for N-400 Naturalization, will this record affect me negatively?

- Should I put 3 days in jail time, since that's what it shows in the court docs, or put 0 days in jail on the application # 15b

- On the court records, it shows my birth date to be off by 3 days: will this automatically dismiss me? Long shot here..

 

Thanks in advance for your thoughts! God bless.

 

[nastra30 2,309]

5 hours ago, Deejunx said:

 

So my questions are these:
- When applying for N-400 Naturalization, will this record affect me negatively? - it may or may not but my guess is you should be fine if you explain yourself well at the interview if asked. So it's boils down to how your interview goes.

 

- Should I put 3 days in jail time, since that's what it shows in the court docs, or put 0 days in jail on the application # 15b - The actual sentence ordered at time of conviction is 3 days. The 0 days is time you served and not the sentence. Put 3 days. You can explain further if want on additional info section regarding time served.

 

- On the court records, it shows my birth date to be off by 3 days: will this automatically dismiss me? Long shot here.. - It won't automatically dismiss you. Again, use the additional section to add more explanation for the discrepancy. And explain at the interview when asked.

Good luck.

Edited September 29 by nastra30

[Vickys_Mom 231]

You said you were sentenced to 3 days and the $500 fine.  List both in "What was your sentence (if applicable)?"

 

As you've already disclosed the issue to USCIS, a three-day difference in your date of birth is not going to "...automatically dismiss..." anything.  You've already owned up to your mistake.  Don't change the story now.

 

It *could* affect your Naturalization application, but if it's the only thing you've got on there I'd expect you to make it to the interview.  Bring your records and continue to accept responsibility for what happened.  It seems a fairly small crime, but part of what you're evaluated on is being honest about it.

 

Regards,

Vicky's Mom

[Deejunx 1]

Thank you for your responses!