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Thread: Form N400 Questions 15 and 16 Page #8

  1. #1
    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. #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!

  3. #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.

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

  5. #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.

  6. #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

  7. #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.
    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
    Uttering a Forged Instrument/Forged Prescription
    Making False Statements of Financial Condition
    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
    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
    Gross Indecency
    Contributing to the Delinquency of a Minor/Sexual Acts
    Taking Indecent Liberties w/ a Child
    **** 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
    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
    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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