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Form N400 Questions 15 and 16 Page #8

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  • Form N400 Questions 15 and 16 Page #8

    In the Form N-400 the question says: Have you ever committed a crime or offense for which you were not arrested? I would like to know if a speeding ticket with a good outcome meaning no insurance points is consider a crime or offense for sure I know it is a citation. Thank you!

  • #2
    In the Form N-400 the question says: Have you ever committed a crime or offense for which you were not arrested? I would like to know if a speeding ticket with a good outcome meaning no insurance points is consider a crime or offense for sure I know it is a citation. Thank you!

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    • #3
      In my opinion, a traffic violation is considered an offense.
      The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

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      • #4
        Any citation whatever the outcome has to be stated on the N400 period

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        • #5
          Other questions in this part ask about criminal history that may be confusing for the typical applicant, particularly one whose only offense is a traffic violation. Question 16 asks if the person has ever been "arrested, cited or detained" and then question 17 asks if ever been "charged." Question 18 asks if the applicant has ever been "convicted." An individual with a traffic violation may not be able to distinguish whether he or she has been charged or cited or convicted. To simplify the issue, traffic violations could be addressed separately in one question.

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          • #6
            Part 10: Questions 15 through 21 ask questions about an applicant's criminal history. The information at the beginning of these questions requires an applicant to answer "yes" even if the criminal record has been sealed or cleared. A caveat should be added to this information and repeated in question 18 noting that a sealed or cleared record is not a "conviction" and an applicant may answer "no" to question 18. This caveat is necessary in light of the recent decision from the U.S. Court of Appeals for the Ninth Circuit. There the court held that there are no immigration consequences from "convictions" under the federal First Offender Act and similar state first offender laws that terminate criminal proceedings and expunge criminal records.1

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            • #7
              This is the end of this forum I have talked to a local Immigration Attorney and the conclusions were the following:

              In the section about "Good Moral Character" in the Form N-400, if you got a traffic violation tickets in your record then you need to answer yes to questions 15,16,17 and 18.The reason is because technically you were stopped by a law enforcement officer, got cited and potentially convicted.

              You need to mention in the application the traffic tickets especially when they involved reckless driving, DWI / DUI, driving on a suspended license, hit & run accident or any felony involving the use of your vehicle (drug or weapons possession, manslaughter, robbery, etc.) You should have a proof that you paid for all the tickets make sure to attached appropriate proof along with the application for that you can provide your DMV record and a local court office record.

              In the event that you are worrying that a traffic violation can be held against you as a crime of moral turpitude. Traffic citations are a non-criminal violations only they are consider criminal when you show disrespect for the system by no paying the fees, not showing in court or your case fall in to the ones mention above. Please read the following information about moral turpitude:

              Naturalization applicants are required by law to appear in person before an INS District Adjudications Officer (DAO, formerly called an "Immigration Examiner") for an "examination under oath."
              District Adjudications Officers (DAO) must make a determination whether the applicant possesses the requisite GMC for purposes of naturalization. In making this determination, DAOs will primarily focus on the 5-year statutory period prior to filing of the N-400 application. Part 7 of the N-400, entitled
              Additional Factors of Eligibility has 15 questions which contain most of the grounds for finding a lack of GMC. In addition, DAOs "should always ask" the applicant the following questions, if applicable: Have you ever failed to pay, or refused to pay, alimony, or failed to comply with a court order to pay alimony?
              Have you ever failed to pay, or refused to pay, child support or failed to comply with a court order to pay child support?
              If an applicant admits to having committed or been arrested, sentenced, or convicted for any crimes or offenses in violation of the law, or if the file contains evidence of any crimes or offenses, DAOs will focus on the number and type of offenses to determine whether the applicant lacks GMC based on this evidence.A person will always lack GMC if, during the 5-year statutory period, he has committed one or more "crimes involving moral turpitude"(CIMT). The most common definition of a CIMT is "an act of baseness, vileness or depravity in the private and social duties which a man owes to his fellow men or to society in general, contrary to the accepted and customary rule of right and duty between man and man."
              Attached is a checklist of some of the crimes or offenses that fall under the CIMT category. If the applicant gives an affirmative response to any of the questions involving GMC in Part 7 (Questions No. 8, 9, 12, and 15) or if the cases involves CIMTs, DAOs will refer the applicant to a secondary officer for a traditional interview format.
              ----------------------
              CIMT CHECKLIST
              This checklist is designed to provide a quick reference to the types of offenses which the Board of Immigration Appeals has found to be "Crimes Involving Moral Turpitude." This list is not exclusive and DAOs will consult with Service counsel for more in-depth information.
              Crimes Against The Person
              Murder/Intentional Homicide
              Voluntary Manslaughter
              Homicide by Reckless Conduct
              Involuntary Manslaughter w/ Reckless Disregard
              Attempted Murder
              Kidnapping Mayhem
              Assault or Attempted Murder Upon Government Officers
              Carrying a Concealed Weapon w/ Intent to Use Against the Person of Another
              Assault w/ a Deadly Weapon
              Assault w/ Weapon Likely to Produce Bodily Harm
              Interfering w/ a Law Enforcement Officer
              w/ Use of Deadly Force
              Attempting to Obstruct/Impede the Progress
              of Justice
              Aggravated Assault Against a Peace Officer
              Crimes Against Property
              Attempted Arson
              Blackmail/Extortion
              Forgery
              Uttering a Forged Instrument/Forged Prescription
              Making False Statements of Financial Condition
              Robbers'
              Embezzlement
              Larceny/Theft
              Grand theft
              Petty Theft
              Receiving Stolen Property
              Concealing Assets in Bankruptcy
              Encumbering Mortgaged Property w/ Intent to Defraud
              Fraudulently Issuing Check w/ Insufficient Funds
              Fraudulently Issuing Worthless Check
              Illegal use of ATM or Credit Card
              Passing Forged Instrument
              Attempted Fraud
              Using Mails to Defraud
              Making False Statements in Acquisition of Firearm
              Securities Fraud
              Welfare Fraud
              Transporting Stolen Property
              Obtaining Money by False Pretenses
              Bribery
              Malicious Trespass
              Sexual and Family Crimes
              Assault w/ Intent to Commit Abortion
              Attempted Assault w/ Intent to Commit Carnal Abuse
              Statutory Rape/Rape
              Indecent Assault/Sexual Battery
              Adultery
              Bigamy
              Prostitution
              Sodomy
              Gross Indecency
              Contributing to the Delinquency of a Minor/Sexual Acts
              Taking Indecent Liberties w/ a Child
              Incest
              **** Sexual Perversion
              Crimes Against the Government
              Falsely Issuing a Narcotic Prescription
              Offering a Bribe
              Making, Passing, or Possessing Counterfeit Coins
              Conspiracy to Violate IRS Laws
              Securities Fraud
              Counterfeiting
              Smuggling Merchandise
              Impersonating Federal Officer
              False Statements/Firearm
              False Statements or Entries
              Harboring a Fugitive
              Using False Names & Addresses to Violate Postal Laws
              Uttering/Selling False/Counterfeit Immigration Documents
              False Statements to Obtain a Passport
              False Statements in LPR Application
              Perjury
              Theft from U.S. Mail
              Taking Kickbacks
              Receiving Funds by False Statements
              Trafficking in Narcotics
              Failing to Report Income
              Union Official Unlawfully Accepting a Loan
              Kickbacks on Government Contracts
              False Statements/Selective Service
              Falsely Representing Social Security Number
              False Statements/Unemployment Benefits

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