the N400 speeding-ticket-as-arrest issue
 

like a few other members over the past few years I just received the yellow Document Check List from USCIS (although no interview notice yet) that has that wonderful sentence: "You indicated in your application that you have been arrested..." even though all I did was list a single speeding citation I received and paid (no contest) while driving in another state about 10 years ago.

I have absolutely no clue how to get court disposition for such an ancient ticket to meet the requirement that I show proof of "how each incident was resolved", as required in the Document Check List. I can't even remember exactly when it was, in what city or what the fine was -- I just made a best guess in the N400 (though I'm sure the fine was under $200 and therefore well under the $500 threshold).

My DMV record here in CA only goes back about 5 years and shows nothing of course. Clean as a whistle. Is it possible to get a DMV record going back further than that?

Others here have said here that this is a non-issue, but I'd still be a little nervous to essentially turn up at the interview disregarding instructions in this letter. I guess I'm curious if anyone HAS had a problem by turning up to the interview without proof of resolution.

Re: the N400 speeding-ticket-as-arrest issue
 

Interesting. What does your lawyer have to say about it?

Re: the N400 speeding-ticket-as-arrest issue
 

If you don't know, you can't really do much more other than ask the DMV.

As for USCIS, they should be able to see you don't have a criminal record, assuming it never went to court.

You probably should have explained in full detail when you applied.

Re: the N400 speeding-ticket-as-arrest issue
 

I have no lawyer... though I could talk to one if necessary.

As for explaining in full detail, I did all I could on the form -- listing a month and year, the approximate location, the phrase "speeding citation" and the fact that the fine of under $500 was paid, all "to the best of my knowledge". I'm not sure there was any more detail I could've added.

Obviously when the USCIS officer looks at a copy of my N400 (that he has or that I bring) he will see it was a "speeding citation" I admitted to and not an "arrest".

Kinda sucks when being as honest as possible comes back and bites you in the ass like this. I wonder if I had simply left that section blank there would be no issue at all since an 10+ year old speeding ticket is hardly going to show up in a background check unless USCIS goes rooting around in Oregon court archives.

Re: the N400 speeding-ticket-as-arrest issue
 

Get your driving record from the DMV -- it's usually a couple of bucks and in many places you can order and pay for it on line, and they mail it to you. This is evidence to take to your interview that you've cleared all your motoring offenses.

Re: the N400 speeding-ticket-as-arrest issue
 

Got that already when i was hunting for more details of this bleedin' ticket for the application. It only goes back five years of course but shows nothing outstanding (nothing at all, actually). I guess I'll just have to hope that it proves the "incident" was "resolved" to USCIS satisfaction.

I also plan to ask the DMV to see if it's possible to get a longer driver record (say, 10 years). Anyone know before I wait at the DMV madhouse for 3 hours?

Re: the N400 speeding-ticket-as-arrest issue
 

Oh heck WF lets see if I get the same notice, I sent mine last week N400 and indicated that I had been arrested on question 16..... a citiation, (red light violation) paid under $500 and no cops but I was under the impression that we had to declare a citation, I did not have an arrest either :frown:

Re: the N400 speeding-ticket-as-arrest issue
 

I'd just take that and smile if I were you. If it comes up in the interview and they're unhappy, ask them what they want you to get to prove you've taken care of it. Generally, they seem to lose interest in winding you when you get as far as the naturalisation interview.

Re: the N400 speeding-ticket-as-arrest issue
 

I'm crossing my fingers for you... I remember our long thread trying to figure out how to deal with that damn question!

FYI, my application was received Jan. 6, had my fingerprints done on Feb. 2, and received this notice today, so I'm expecting the interview letter any day now.

Re: the N400 speeding-ticket-as-arrest issue
 

Yes we did try didn't we! :(

And that sure was fast :thumbsup:

Re: the N400 speeding-ticket-as-arrest issue
 

I went thru that process late last year. I did not get your nice yellow sheet, but during the interview the IO just asked me if they were just citations, and when I confirmed he was positively totally uninterested and moved on to the rest of the application. In Houston you can be approved on the spot, and if lucky you receive your naturalization scheduled date on the spot as well.

Re: the N400 speeding-ticket-as-arrest issue
 

First point -- it is still much more common for speeding citations to be issued when a person is actually pulled over by the cops. I can envision speeding citations not involving an arrest. I know that here in CA, the "eye in the sky" will direct a CHiP to pull you over and cite you.

Also, you kept mentioning a California DMV report going back only five years and now you mention OR.

Re: the N400 speeding-ticket-as-arrest issue
 

I was pulled over by a cop on I-5 in Oregon while driving From San Francisco to Portland. A citation does not have to involve an arrest, as everyone who gets pulled over by a cop, given a ticket, and sent on their way, can attest. The issue is not whether I was arrested or not, it's the fact the the section on the N400 is for noting a citation *or* an arrest (or a detention) by a "law enforcement officer". I made clear it was a citation on the form (Part D, Section 10, question 16 with details in the explanation box below). Apparently all USCIS paid attention to was that I ticked the box, not the explaantion as to why I ticked the box.

The speeding ticket was issued in Oregon while I was driving there on a CA license and as most people do to avoid having to travel hundreds of miles to court I simply ticked a box pleading no contest on the ticked and mailed it with the fine to the relevent police department. Once the check was cashed, I threw away everything because who know I'd one day have to dredge it up?! AFAIK Oregon reports all traffic citations issued to CA residents to the California DMV, which is why I figured it might show up on my DMV record here.

I'm not too worried after thinking about it for a few hours... the Document Check notice specifies that I need to bring documents showing resolution of my arrests, but since I have not been arrested there's nothing to prove. I know such logic might not fly with the DHS, but what else can I do?!

Re: the N400 speeding-ticket-as-arrest issue
 

Never really paid much attention to these threads before (5 years can seem like such a long time) but Mrs tonrob and I have 5 of these between us and can apply for citizenship next year. Of course we kept nothing either....

Re: the N400 speeding-ticket-as-arrest issue
 

What about your insurance company. If they caught the ticket, then your rates went up and they would have a record of it. If not, then don't sweat it. You tell the adjudicator what occurred and the approximate date and what the fine was and go from there. Probably won't bat an eye at it.