Advice Needed to Fill N-400 Part 11, Item 22-27

[ryan22 0]

Hello,

Need your suggestion/thoughts on filling part 11, Item 22-27 of N-400. I had a motor vehicle related accident case in a small town which I accidently damaged a parking lot concrete pole and failed to inform the police officer, not knowing that each and every incident has to be reported. Later I came to know that the police was searching me so I went to the police station to meet the officer who was searching for me. I explained the accident and told him I was new to the country and didnt know that each and every accident has to be reported. This happened ten years ago. I was later had to go to court since I was charged with failure to stop after accident w/ unattended vehicle/property. I was fined total $140.00 and some points in driver license.

I am preparing for applying for citizenship. Few weeks before, I received a copy of court disposition letter, in case if I need, although N-400 instruction mentions that no document is required for traffic incident with fines less than $500. In the court document - the followings were mentioned.

Sentenced on : xx/xx/xxxx Fine : $100.00 Fee: $xx.xx

Incarcerated to jail for 5 Day(s) Concurrent with 5 Day(s) suspended and credit for 0 Day(s) served.

Conditions:

1.Pay Fines and Costs

2. Remain Law Abiding Citizen for a period of one year

I have the following questions:

What should be the answers for 23. Have you been ever arrested, cited, or detained,...............for any reason? Yes/No

I believe both 24 and 25 should be Yes.

The most confusing one to me is 27.A. Have you ever received a suspended sentence, been placed on probation, or been paroled?

27B. If "Yes', Have you completed the probation or parole?

Is the jail time mentioned is considered as suspended sentence? I was told by court people that the jail time represents if I am unable to pay fines. Is the conditions in my disposition considered as a probation. I believe the definition of probation includes supervision by probation officer.

I am in confused situation. I highly appreciate your help.

[NancyNguyen 1,657]

23 Yes is a clear answer.

[j&ana 363]

23 yes.27a yes you was cited and received a suspended sentence of 5 days jail time PROVIDED that you pay all court cost and fines issue to you and remain law abiding citizen for one year.27 b yes you was basically place on unsupervised probation for a year meaning that if you did not follow the courts order they could impose the 5 days jail time. not all probation are supervise

Basically, probation is a type of sentence that is available in lieu of jail time. It is usually made available to first time, non-violent offenders, in order that they may be allowed to remain living within their community and continue their daily functions.

Unsupervised probation: The offender will not be under the direct supervision of a probation officer. However, they are usually required to abide by general rules and laws, such as the ones involved in their charges. Unsupervised probation is generally only available for less serious crimes such as petty theft. It is also often known as “informal probation”.

Edited December 21, 2014 by j&ana

[ryan22 0]

Thanks nancy and j&ana.

j&ana-you appears to be quite knowledgable in the area.

any suggestion on if I would need to hire an attorney for applying.

[j&ana 363]

No I do not think you would need a lawyer since it happen so long ago and it was a misdemeanor. However If you will of reported the incident when it happen. the police would of either consider it an accident, or you might of gotten a ticket for reckless driving with a fine less then $500.00 and you will not had to need documentation. Instead you were charge with leaving the scene of an accident which is a little more serious then a regular traffic ticket.

[ryan22 0]

j&ana

If 27b is yes, the document check list to submit an original or certified copy of probation record. I am not sure what type of document do I need to get from where to prove maintenance law abiding citizen for a period of one year. Will this document be asked? It has been so long time. I have receipt of fine paid, certified court search record though.

[Luis Leon 4]

I would report that for sure, it is better that you put more information than less. Also at last this could help you when you realized what you did you went to the police before they investigate you. That, at last for me is good caracter and moral behavior. good luck

[j&ana 363]

j&ana

If 27b is yes, the document check list to submit an original or certified copy of probation record. I am not sure what type of document do I need to get from where to prove maintenance law abiding citizen for a period of one year. Will this document be asked? It has been so long time. I have receipt of fine paid, certified court search record though.

There is no document to prove that you was law abiding citizen it is assume that since you did not get in any more trouble then you was

you will not have a probation record as you was on unsupervised

All you need is the court record of the charges and the receipt for the fines

Edited January 13, 2015 by j&ana