nycawesome

Hi all,

I am applying for my citizenship through naturalization this month, it has been 3 years already, time flies! I have a few questions regarding the N400 form, hope some of you can give me some answers! Thanks in advance!

I was cited in Oct,2012 for "careless driving" which is a civil case, and "fail to leave information" which the cop charged me with criminal (which i really didn't deserve, he was being really mean to me..) He didn't give me any ticket for either of them. So I went to court with my lawyer last month, the "careless driving"(civil infraction) was Dismissed by the Judge, and the "fail to leave information" (criminal traffic) was "Nol-Pro" which means it was thrown out and not processed. The whole process took less than a minute and the Judge basically dismissed both cases immediately for lack of evidence. So my question is in this case, do I need to answer the questions Yes to questions 15 and 16 in Part 10 even though I was never arrested or been issued a ticket? And should I send USCIS the original dispositions of both of the cases or just the criminal traffic one or neither?
Would it affect me getting my citizenship due to the charge? Again, I wasn't fined anything and one is dismissed and the other is not processed. Please let me know if any of you had any experience like this or know answers to the questions. I am sending out my application in a few days, I'd really appreciated your help!

Thanks so much!

slummymummy

That is so annoying... I feel sorry for you having to worry about this with regards to your N-400!

Did you commit a crime? You don't think so but the cop did. It was thrown out, does that mean you're innocent? I don't know, this is for the more experienced to answer.

If the answer is yes you're innocent then you could answer NO to Q15 "have you ever committed a crime or offense for which you were not arrested?"

But to Q16 I can't see how you can answer no. "Cited" surely is what happened to you even though you were not arrested? (I googled police citation and it seems like that's what happened.) So I think you have to anser Yes to that one and give the explanation.

Hopefully one of the more experienced regulars will be along here soon! Common sense says this shouldn't be too much of a worry but as I have learned, there is (sometimes) no common sense in immigration.

Edit, adding this:

nolle prosequi (no-lay pro-say-kwee) n. Latin for "we shall no longer prosecute," which is a declaration made to the judge by a prosecutor in a criminal case (or by a plaintiff in a civil lawsuit) either before or during trial, meaning the case against the defendant is being dropped. The statement is an admission that the charges cannot be proved, that evidence has demonstrated either innocence or a fatal flaw in the prosecution's claim, or the district attorney has become convinced the accused is innocent.

http://legal-dictionary.thefreedictionary.com/nol+pros

nycawesome

Hi slummymummy,

Wow thank you soooo much for the explanation of nolle prosequi, I didn't know the exact meaning of the word, you are awesome! Oh by the way, I live in south Florida with my yankee hubby too! I did not commit any crime and the cop was just being an a** really! He said he wanted to teach me a lesson that day and I was new to driving and new to south Florida last year...Anyways, I was not arrested nor was I issued any ticket... I will answer Yes to Q16, but should I include both of the dispositions even though the civil one is dismissed? I really hope the cases won't affect the outcome!! Thanks again!

slummymummy

You're welcome. I don't know but I'm sure someone else will be along to advise you!

Yep sounds like the cop was being that! I will PM you tmrw you to ask where you live. *curious*

Noorah101

I don't know the real answer, but better to be safe than sorry. Include everything, and let USCIS be the one to say "oh it was nothing, you are fine", rather than including not enough and USCIS coming back to say "why did you hide this one?"

Rene

nycawesome

Hi Rene,

Thanks for your reply, I think that would be the best bet, just wondering if I would need to include a letter explaining what exactly happened? Thanks!

ian-mstm

The citation was a civil, not criminal matter... and the criminal traffic issue is a crime under the traffic code... not a crime under the US Criminal Code. Both of these infractions are related to traffic violations and not the US Criminal Code - which is what defines a criminal action. Your lawyer can explain that to you.

For the N-400, you are required to provide documentation only under specific circumstances (such as a fine over $500). If, as in your case, both were thrown out... there's no documentation required.

Answer "yes" to 16 and "no" to both 15 and 17. For 16, indicate you were cited for "careless driving" and "failing to leave information". No documentation required.

Ian

nycawesome

Hi Ian,

Thank you for the detailed explanation, much appreciated!

Yes, I went to traffic court for both cases on the same day, one was dismissed, the other was nolle-prosequi. Both were charged with damage of $500, but I didn't have to pay anything. Since the damage charge was $500 each, I was wondering maybe it's better to include the documentations? I have obtained the original dispositions for both from the traffic clerks office. If i don't include them now, I'm afraid USCIS is going to ask for them later, in which case it will just delay the process... Also will this affect their decision? Thanks again!

ian-mstm

From USCIS: "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 less than $500 and/or points on your driver’s license."

It certainly won't hurt anything to include the documentation. You will likely be asked about this at your interview, so bring a copy of it with you to the interview.


The traffic violations? No.

Ian

jeffreyhy

I'm curious about how you were "cited". If you did not receive a ticket, how did you know when and where you were to appear in court?

Regards, JEff

nycawesome

I think the lawyer took it? Now you reminded me, I think I gave it to the lawyer the same day so I forgot about the ticket! I already submitted the application today, and answered no to Q15, and attached an explanation letter, do you think that was the right way to do it? Thanks!

jeffreyhy

I've no idea how you should have answered Q15, my wife answered it 'No'. Se answered 'Yes' to questions 16 and 17 on the basis of a traffic offense for speeding.

I find it interesting that if answering 'Yes' to question 15, admitting to an offense for which one was not arrested, one then has to explain why they were arrested.

Regards, JEff

slummymummy

I thought this too when I looked at the form! At least we agree on something...

nycawesome

OMG, i ran back to fedex and change the page and changed the answer 17, i hope you guys were right, now i'm nervous!...

nycawesome

[QUOTE=jeffreyhy;10582795]I've no idea how you should have answered Q15, my wife answered it 'No'. Se answered 'Yes' to questions 16 and 17 on the basis of a traffic offense for speeding.

I changed mine based on your answer and went to change it, the package is not picked up yet, did you ask a lawyer for Q17? thanks...