N-400 and traffic violations
Sep 2nd 2002, 1:50 pm
#1
Guest
Posts: n/a
N-400 and traffic violations
I have a traffic violation on my record ("failure to control" - one tire was low and
I skidded) - one of these things where the cop gives you a ticket at the scene, you
sign it to say you plead guilty, then you mail it into the courthouse with a check to
pay the fine.
Can anyone tell me how to fill in the N-400 10(D) questions 15 thru 21, including how
what to write about the "outcome" in that table? For instance, was I arrested? I sure
wasn't aware of it if I was! What's the difference between a crime and an offense?
I'm sure plenty of you guys must have solved similar problems with this form!
Thanks very much indeed.
-- Mark
I skidded) - one of these things where the cop gives you a ticket at the scene, you
sign it to say you plead guilty, then you mail it into the courthouse with a check to
pay the fine.
Can anyone tell me how to fill in the N-400 10(D) questions 15 thru 21, including how
what to write about the "outcome" in that table? For instance, was I arrested? I sure
wasn't aware of it if I was! What's the difference between a crime and an offense?
I'm sure plenty of you guys must have solved similar problems with this form!
Thanks very much indeed.
-- Mark
Sep 2nd 2002, 7:29 pm
#2
Guest
Posts: n/a
Re: N-400 and traffic violations
>I have a traffic violation on my record ("failure to control" - one tire was low and
>I skidded) - one of these things where the cop gives you a ticket at the scene, you
>sign it to say you plead guilty, then you mail it into the courthouse with a check
>to pay the fine.
First of all, whether or not you have a record depends on what state you live
in. Some states are "supervision" states where, if you are found to be guilty of a
traffic offense, it goes on your record for s set amount of time (usually 1 to 3
years) and, if you do not get anymore violations during that supervision period,
the offense is deleted. Other states are "permanent record" states where the
offense remains with you until death and beyond. The first rule in the USA is to
NEVER EVER EVER plead guilty to anything without going to court. If you had gone
to court, chances are great that the municipal prosecutor would cut you a deal-
guilty plea and fine with no record. The fine is a small thing but you do not
want to get things on your record. It can be used to jack up your insurance rates
and, no matter if 15 years goes by, it can be used by an employer or even a sly
lawyer suing you over a wreck. Having a record is the LAST thing anybody wants!
Always go to court!!
>Can anyone tell me how to fill in the N-400 10(D) questions 15 thru 21, including
>how what to write about the "outcome" in that table? For instance, was I
>arrested? I sure wasn't aware of it if I was! What's the difference between a
>crime and an offense?
If the police did not cuff and haul you to the station, you were not arrested. You
were given a citation. A "crime" is generally referred to as a "felony" (carrying a
sentence of more than one year in jail) in the USA while an "offense" is usually a
misdomeanor (carrying a sentence of anything from a small fine to up to one year in
jail). Traffic offenses except for repeat DUI offenses and reckless homicide, are
misdomeanors.
>I skidded) - one of these things where the cop gives you a ticket at the scene, you
>sign it to say you plead guilty, then you mail it into the courthouse with a check
>to pay the fine.
First of all, whether or not you have a record depends on what state you live
in. Some states are "supervision" states where, if you are found to be guilty of a
traffic offense, it goes on your record for s set amount of time (usually 1 to 3
years) and, if you do not get anymore violations during that supervision period,
the offense is deleted. Other states are "permanent record" states where the
offense remains with you until death and beyond. The first rule in the USA is to
NEVER EVER EVER plead guilty to anything without going to court. If you had gone
to court, chances are great that the municipal prosecutor would cut you a deal-
guilty plea and fine with no record. The fine is a small thing but you do not
want to get things on your record. It can be used to jack up your insurance rates
and, no matter if 15 years goes by, it can be used by an employer or even a sly
lawyer suing you over a wreck. Having a record is the LAST thing anybody wants!
Always go to court!!
>Can anyone tell me how to fill in the N-400 10(D) questions 15 thru 21, including
>how what to write about the "outcome" in that table? For instance, was I
>arrested? I sure wasn't aware of it if I was! What's the difference between a
>crime and an offense?
If the police did not cuff and haul you to the station, you were not arrested. You
were given a citation. A "crime" is generally referred to as a "felony" (carrying a
sentence of more than one year in jail) in the USA while an "offense" is usually a
misdomeanor (carrying a sentence of anything from a small fine to up to one year in
jail). Traffic offenses except for repeat DUI offenses and reckless homicide, are
misdomeanors.
Oct 6th 2002, 9:21 pm
#3
Guest
Posts: n/a
N-400, traffic violations & fees
In article ,
AftonOkla wrote:
>>I have a traffic violation on my record ("failure to control" - one
>>tire was low and I skidded) - one of these things where the cop gives
>>you a ticket at the scene, you sign it to say you plead guilty, then
>>you mail it into the courthouse with a check to pay the fine.
(snip)
>If the police did not cuff and haul you to the station, you were not arrested.
>You were given a citation. A "crime" is generally referred to as a "felony"
>(carrying a sentence of more than one year in jail) in the USA while an
>"offense" is usually a misdomeanor (carrying a sentence of anything from a
>small fine to up to one year in jail). Traffic offenses except for repeat DUI
>offenses and reckless homicide, are misdomeanors.
Ah, great, thanks very much. So, in response to, say,
"Have you EVER committed a crime or offense for which you
were NOT arrested?"
...I should check "Yes"? I appreciate the confirmation. (-:
Also, how much money do I send with the N-400? Just the $260, or do I
add on the $50 fingerprinting fee to the check at this stage? Thanks.
-- Mark
AftonOkla wrote:
>>I have a traffic violation on my record ("failure to control" - one
>>tire was low and I skidded) - one of these things where the cop gives
>>you a ticket at the scene, you sign it to say you plead guilty, then
>>you mail it into the courthouse with a check to pay the fine.
(snip)
>If the police did not cuff and haul you to the station, you were not arrested.
>You were given a citation. A "crime" is generally referred to as a "felony"
>(carrying a sentence of more than one year in jail) in the USA while an
>"offense" is usually a misdomeanor (carrying a sentence of anything from a
>small fine to up to one year in jail). Traffic offenses except for repeat DUI
>offenses and reckless homicide, are misdomeanors.
Ah, great, thanks very much. So, in response to, say,
"Have you EVER committed a crime or offense for which you
were NOT arrested?"
...I should check "Yes"? I appreciate the confirmation. (-:
Also, how much money do I send with the N-400? Just the $260, or do I
add on the $50 fingerprinting fee to the check at this stage? Thanks.
-- Mark
Oct 7th 2002, 1:46 am
#4
Guest
Posts: n/a
Re: N-400, traffic violations & fees
In article ,
Mark Carroll wrote:
(snip)
>Ah, great, thanks very much. So, in response to, say,
> "Have you EVER committed a crime or offense for which you
> were NOT arrested?"
>...I should check "Yes"? I appreciate the confirmation. (-:
I've still not figured this one out. Also, does my moving violation
(where the policewoman gave me a ticket at the side of the road) count
as me having been detained? If so, I guess I need to try and get the
conviction record from the court.
>Also, how much money do I send with the N-400? Just the $260, or do I
>add on the $50 fingerprinting fee to the check at this stage? Thanks.
But, I found some extra paperwork lying around that suggests I should
indeed send the $310. (-:
One more question, though: my form M-477 (rev. 12/00) refers to
questions 1 through 15 in part 7 and 1 through 5 in part 8, which
makes no sense on my N-400 (rev. 5/31/01). Which questions are they
talking about on the current N-400?
-- Mark
Mark Carroll wrote:
(snip)
>Ah, great, thanks very much. So, in response to, say,
> "Have you EVER committed a crime or offense for which you
> were NOT arrested?"
>...I should check "Yes"? I appreciate the confirmation. (-:
I've still not figured this one out. Also, does my moving violation
(where the policewoman gave me a ticket at the side of the road) count
as me having been detained? If so, I guess I need to try and get the
conviction record from the court.
>Also, how much money do I send with the N-400? Just the $260, or do I
>add on the $50 fingerprinting fee to the check at this stage? Thanks.
But, I found some extra paperwork lying around that suggests I should
indeed send the $310. (-:
One more question, though: my form M-477 (rev. 12/00) refers to
questions 1 through 15 in part 7 and 1 through 5 in part 8, which
makes no sense on my N-400 (rev. 5/31/01). Which questions are they
talking about on the current N-400?
-- Mark
Oct 7th 2002, 6:21 pm
#5
Guest
Posts: n/a
Re: N-400, traffic violations & fees
Originally posted by Mark Carroll:
In article ,
Mark Carroll wrote:
(snip)
>Ah, great, thanks very much. So, in response to, say,
> "Have you EVER committed a crime or offense for which you
> were NOT arrested?"
>...I should check "Yes"? I appreciate the confirmation. (-:
I've still not figured this one out. Also, does my moving violation
(where the policewoman gave me a ticket at the side of the road) count
as me having been detained? If so, I guess I need to try and get the
conviction record from the court.
>Also, how much money do I send with the N-400? Just the $260, or do I
>add on the $50 fingerprinting fee to the check at this stage? Thanks.
But, I found some extra paperwork lying around that suggests I should
indeed send the $310. (-:
One more question, though: my form M-477 (rev. 12/00) refers to
questions 1 through 15 in part 7 and 1 through 5 in part 8, which
makes no sense on my N-400 (rev. 5/31/01). Which questions are they
talking about on the current N-400?
-- Mark
In article ,
Mark Carroll wrote:
(snip)
>Ah, great, thanks very much. So, in response to, say,
> "Have you EVER committed a crime or offense for which you
> were NOT arrested?"
>...I should check "Yes"? I appreciate the confirmation. (-:
I've still not figured this one out. Also, does my moving violation
(where the policewoman gave me a ticket at the side of the road) count
as me having been detained? If so, I guess I need to try and get the
conviction record from the court.
>Also, how much money do I send with the N-400? Just the $260, or do I
>add on the $50 fingerprinting fee to the check at this stage? Thanks.
But, I found some extra paperwork lying around that suggests I should
indeed send the $310. (-:
One more question, though: my form M-477 (rev. 12/00) refers to
questions 1 through 15 in part 7 and 1 through 5 in part 8, which
makes no sense on my N-400 (rev. 5/31/01). Which questions are they
talking about on the current N-400?
-- Mark
With regard to your traffic violation and your natz application, just put it down on the form and if any questions are asked about it at the interview just tell the interviewer what happened. If you want to be safe, go to the court where your case was and obtain a certified copy of your case file. Your kind of traffic violation is not the problem in a Natz interview. (DWI's may, in some cases, be an entirely different story). They are primarily looking for any factual evidence (with or without a conviction) that you are guilty of a "crime involving moral turpitude" or that you may be subject to classification as an "aggravated felon" and thereby subject to removal. "Aggravated felon" is a complicated and misleading term. While one would assume that it means guilty of extremely serious or violent crimes, that is not necessarily the case. For example, conviction of two relatively minor theft crimes may make you subject to classification as an "aggravated felon". The short answer is that all immigrants should seek counsel if they have any contact whatsoever with the criminal justice system.
wfwlaw
