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  • N-400 - traffic violations

    I am in the process of preparing N-400. About 2 years ago I had a minor traffic accident. I got a traffic ticket of 115.00 dollars and was charged with careless driving. I paid the fine within a week, so I guess I pled guilty.

    I am not sure how to answer four "Good Moral Character" questions on N-400:

    15. Have you ever committed a crime or offense for which you were not arrested?
    16. Have you ever been arrested, cited or detained by any law enforcement official?
    17. Have you ever been charged with committing any crime or offense?
    18. Have you ever been convicted of a crime or offense?

    My instinct tells me to answer "yes" to 16 only. Any thoughts on that?

  • #2
    I am in the process of preparing N-400. About 2 years ago I had a minor traffic accident. I got a traffic ticket of 115.00 dollars and was charged with careless driving. I paid the fine within a week, so I guess I pled guilty.

    I am not sure how to answer four "Good Moral Character" questions on N-400:

    15. Have you ever committed a crime or offense for which you were not arrested?
    16. Have you ever been arrested, cited or detained by any law enforcement official?
    17. Have you ever been charged with committing any crime or offense?
    18. Have you ever been convicted of a crime or offense?

    My instinct tells me to answer "yes" to 16 only. Any thoughts on that?

    Comment


    • #3
      careless driving is a civil infraction, so if those are civil infractions dont need to worry, unless if is a criminal infraction.

      Comment


      • #4
        I think you might have to answer 'yes' to 17 also. Since you paid the fine, didn't contest the charge, you were found guilty. I've never seen the form, but if there's room, I would add 'traffic violation' on there somewhere. I don't think traffic offenses are considered as major obstacles (unless it was a DUI, DWI, vehicular manslaughter - or something along those lines).

        Comment


        • #5
          8 USC 1101(f).

          Careless driving a civil "infraction"? Really? Wow...

          -THIS IS NOT LEGAL ADVICE-

          Comment


          • #6
            <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Houston:

            Careless driving a civil "infraction"? Really? Wow...

            </div></BLOCKQUOTE>

            Yes, according to Fla. Stat. 318.14.

            Comment


            • #7
              aha, reckless driving is a criminal one. By paying a fine to even to a speeding ticket is a guilty plea, but is not a criminal adjudication.

              Comment


              • #8
                Found this at http://www.nhtsa.dot.gov/PEOPLE/INJU...c/flspeed.pdf- it states noncriminal infraction.

                Careless Driving14: Noncriminal Traffic Infraction (Moving Violation) ''316.1925, 316.655(1), 318.13(3) & 318.14(1)
                Sanction:
                Criminal:
                Imprisonment (Term): None
                Mandatory Minimum Term
                of Imprisonment:
                Fine ($ Range): I. For Non-Adjudication Offenses-Civil Penalty5-$60 '318.18(3)(a) See Footnote No. 8.
                II. For Adjudication Offenses7-Not more than $500 '318.14(5)
                Mandatory Minimum Fine: None
                Administrative Licensing Actions:
                Type of Licensing Action
                (Susp/Rev): Suspension via the Point System or Suspension/Revocation via the courts10 ''316.655(2) & 322.27(3) See Footnote Nos. 8 & 9.
                Length of Term of License
                Withdrawal Action: 30 days to 1 year depending upon the number of points that have been accumulated '322.27(3)(a), (b) & (c) 3rd offense-1 year '322.28(1)
                Mandatory Term of License
                Withdrawal Action: None11
                14A person shall operate a vehicle "in a careful and prudent manner, having regard for the width, grade, curves, corners, traffic, and all other attendant circumstances, so as not to endanger the life, limb, or property of any person." '316.1925(1)
                - 54 -
                SPEED LAWS

                Comment


                • #9
                  <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Polish girl:
                  I am in the process of preparing N-400. About 2 years ago I had a minor traffic accident. I got a traffic ticket of 115.00 dollars and was charged with careless driving. I paid the fine within a week, so I guess I pled guilty.

                  I am not sure how to answer four "Good Moral Character" questions on N-400:

                  15. Have you ever committed a crime or offense for which you were not arrested?
                  16. Have you ever been arrested, cited or detained by any law enforcement official?
                  17. Have you ever been charged with committing any crime or offense?
                  18. Have you ever been convicted of a crime or offense?

                  My instinct tells me to answer "yes" to 16 only. Any thoughts on that? </div></BLOCKQUOTE>
                  15. no
                  16. yes
                  17. no
                  18. no
                  That is, if you have no other offenses.

                  You should obtain the court disposition of the case and take it with you to your interview. It is almost certain the inviewer will ask you about it.

                  Comment


                  • #10
                    DUI is an offense defined under the MVC, not the model penal code or criminal code. Is it civil? No. Is it criminal? No. Is it an "offense"...? Well, yes.

                    Let's not confuse adjudication procedure for petty misdemeanors with civil proceedings.

                    -THIS IS NOT LEGAL ADVICE-

                    Comment


                    • #11
                      On a second thought, it is important to know which state you got your ticket.

                      For example, in California, speeding violation is no longer just traffic violation but becomes a criminal offense if your speed was over 30 miles or so over the limit (not sure of the exact number). So the reckless driving can be criminal in one state and not in another.

                      Comment


                      • #12
                        Criminal or civil, it's a regulatory offense!

                        -THIS IS NOT LEGAL ADVICE-

                        Comment


                        • #13
                          <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Houston:
                          Criminal or civil, it's a regulatory offense!

                          -THIS IS NOT LEGAL ADVICE- </div></BLOCKQUOTE>
                          Makes a big difference. Question 18 will have a different answer, based on the distinction.

                          Comment


                          • #14
                            not to sound rude, by is this question keep and over and over co ing up,even though it has been answered over again on previews posts...

                            Immigration does not care about your driving record,unless its considered criminal aka dui,hit and run etc...

                            Immigration & homeland security does not care about speeding and parking citations.

                            Thats not an opinion,thats a fact? U doubt me,ask USCIS yourself next time u visit their office lol

                            Comment


                            • #15
                              <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by HBKHBK:
                              Immigration does not care about your driving record,unless its considered criminal aka dui,hit and run etc...
                              </div></BLOCKQUOTE>

                              Thank you all for your responses. HBKHBK, I hate to disagree with you, but USCIS DOES care about traffic violations. I checked with the attorney who prepared my initial petition, and she informed me that it is absolutely crucial to disclose on N-400 all traffic and parking violations, no matter how insignificant they may seem - they may deny N-400, if you don't, and the violations show up on the background checks that they do.

                              Additionally, people having more than 4-5 traffic violations per yer are scrutinized more carefully, as the violations indicate that the applicant has got a tendency to disregard the law. Yeah, really, they DO matter.

                              Finally, as much as I understand that that topic has already been mentioned on various forums, the regulations have changed. In Florida, where I live, careless driving is a non-criminal infraction. Technically, it is neither a crime nor an offense, as the questions on N-400 ask.

                              It used to be the case that the N-400 applicant was not required to disclose any similar violations, but now USCIS wants to know as much as they can.

                              Besides, the topic of my initial message clearly indicated what it is about. If you did not feel that it could have been something of interest to you, then you should have not read it.

                              Comment

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