kthx

Hi,

I am sure this has been asked many times but as my eligibility to apply for N400 is coming up in a year I want to be on lookout.

In my 10 years in the USA I had the following:

2 speeding tickets in 2006-2007, they were below $200 (0-10mph over speed limit) and I don't even remember the towns I got them in.

About 8 months ago, I was pulled over and detained by the officer (for about 5 minutes he handcuffed me and put me in the back of his car while he was writing me citation) for going through the stop sign without complete stop and failing to use the blinker when I changed the lane. He wrote me citations for both and let me go. They were both less than $200 but I took defensive course and waived them both and they didn't go on my record.

Now I am confused. Do I need to fret about getting the documentation for these? Detained is not the same thing as being arrested, correct?

In the online N400 instructions it says: "Note that unless a traffic incident was alcohol or drug related, you do not need to submit documentation for traffic fines and incidents that did not involve an actual arrest if the only penalty was a fine of less than $500 or points on your driver's license".

So do I just report the fines and I am safe here? Although I have no clue how I will report the fines from 2006-2007 because I don't remember where I got them...

Thank you in advance!

Noorah101

Since all the offenses were under a $200 fine, you only need to check "yes", that you've been detained, and then write in the details of each ticket on the N-400. You do not need to provide backup info, although my husband did bring along proof of payment when he went to his N-400 interview. The officer didn't look at it.

I would say just put as much information as you can remember on the N-400, and then if the officer questions it during your interview, you can explain further (that you were traveling and don't remember the town, etc).

Rene

kthx

Well there is no separate question on whether I was detained. The question is:

Have you ever been arrested, cited, or detained by any law enforcement officer (including USCIS or former INS and military officers) for any reason?

So obviously I say yes to this one either way.

Then there is box with the following fields:

"Why were you arrested, cited, detained, or charged?"
"Date arrested, cited, detained, or charged?"
"Where were you arrested, cited, detained, or charged?"
"Outcome or disposition of the arrest, citation, detention, or charge"

Now do I just put?

Traffic ticket, [date], [location], [fine paid]
Traffic ticket, [date], [location], [fine paid]
Traffic ticket/detention, [date], [location], [Defensive course taken]

Do I need to volunteer detention part or do I just put [traffic ticket] for all of them since it is basically answering the question. The traffic ticket is why I was temporarily detained and later cited? I asked the local DA when he waived my tickets and he said that detentions don't go on my record. Do I need to volunteer information that is not on my record? I am a little worried about it.

One more question: I should mention the ticket even if it was 'waived' after defensive course, correct?

Noorah101

Correct.

Yes.

Yes.

Do you know why you were cuffed and put in the back of the police vehicle while the ticket was being issued? I'd say that's highly unusual unless you were resisting, or the police suspected drugs or something else in the vehicle.

Rene

kthx

Well, I didn't remember my address when the officer asked for it (because I recently moved there) and he thought that was suspicious. He was generally unfriendly and in bad mood. Although I gotta admit I was driving aggressively and it was around 11pm and dark so maybe he was 'extra careful'.

Never searched me or the car. I actually even complained to his supervisor, but he said that they could detain anyone depending on circumstances (I know it is not true, but there was no point in arguing)

Sue

Like Noorah mentioned, just take everything that you can with you. If you don't have all the docs don't sweat it too much. The main thing is to include as much detail as you can remember on the application. My hubby had a speeding ticket from so long ago we could neither remember what county it was in, or indeed the exact year, but he included as much as he could on the N-400 and he was not even asked about it at the interview.

kthx

Will do, thanks for your suggestions!

Do you think my situation is serious enough to warrant using a lawyer or it should be fairly simple?

Sue

I think that's your call, but honestly the citizenship application is the easiest part of the whole immigration journey.

As long as you are honest on the form you should be fine.

kthx

I am a bit nervous because one guy I knew was denied citizenship recently due to bad moral character (but he did have 2 DUIs, some drug-related arrest and 2 weeks in jail). At least he wasn't kicked out I guess.

Yeah, to be honest, I was surprised how short and easy the form was in comparison to all the previous stuff I had to do Will do everything myself.

kthx

However, one question: I understand you need to be honest, but if detention doesn't go on your record, why would you volunteer that information and not just put "Citation" on the form?

Sue

I think it comes down to the "good moral character" thing.

Sounds like your friend had a few other issues going on, and who knows what he missed out including on his form

Noorah101

I'm not following you on this question. The form doesn't ask you to say which one it was...it could be "arrested, cited, detained, or charged", any of those 4. It's not asking you which one it was.

You only have to supply the reason, the date, the location, and the outcome.

Rene

kthx

Here is what's on the form:

"Why were you arrested, cited, detained, or charged?"
"Date arrested, cited, detained, or charged?"
"Where were you arrested, cited, detained, or charged?"
"Outcome or disposition of the arrest, citation, detention, or charge"

So my question is whether I put 'traffic ticket' or 'traffic ticket with temporary detention' in "Why were you arrested, cited, detained, or charged?" as a reason.

Would putting "Traffic ticket" as a reason and "Defensive course taken" as outcome suffice given that no charges came out of the detention other than traffic citation?

Noorah101

From reading what you wrote in your original post, I would put "Ran stop sign, failed to use blinker". That is the reason you were "arrested, cited, detained, or charged".

For "Outcome", I would put "Attended defensive driving course", yes.

Rene

kthx

Swell, that's what I will do.

No more speeding for a year until my application.

Thanks for all your help!