Did I commit an offense or not?

[itzmi 1]

Hi! Last year, I got into a car accident. I accidently bumped into a commuter bus. No injuries involved. My car bumper was damaged and the bus had a small hole/crack where I bumped to. I was given a ticket by a police officer. He took my driver's license but I was able to get it back same day from the police station and I didn't pay anything to get it back. A month later, I attended a court hearing for it wherein my charge was dismissed since the driver of the bus and the police officer were not present during the court hearing.

I'm filing my N-400 and one of the question there is if have you ever been arrested, cited, or detained by any law enforcement officer for any reason. Also, another question in the N-400 is have you ever commited a crime or offense for which you were not arrested. I was not arrested and detained but is my situation considered cited by a law enforcement officer and/or an offense?

Thanks in advance for all your response.

[Bobby+Umit 161]

No, your good to go. You can detail the ticket, but it won't hurt you.

And it would be a traffic violation, not an "offense" or "crime"

Now if you were drunk, then - Oh Oh....

but you were not...

Edited March 31, 2009 by Bobby_Umit

[robbyrob 2]

Don't stress too much. You are in the clear. Its a traffic violation not an offense or crime as mentioned, so you are fine.

No, your good to go. You can detail the ticket, but it won't hurt you.

And it would be a traffic violation, not an "offense" or "crime"

[Bobby+Umit 161]

I would answer like this.

15. Have you ever committed a crime or offense for which you were not arrested? No.

16. Have you ever been arrested, cited or detained by any law enforcement official? Yes, traffic ticket that was dismissed. (what ever the violation code is)

17. Have you ever been charged with committing any crime or offense? No.

18. Have you ever been convicted of a crime or offense? No.

Edited March 31, 2009 by Bobby_Umit

[^KK^ 3]

I don't think this fits a crime..

[itzmi 1]

Hi! It's my first time getting a ticket so that's why I don't have any idea on what I have committed. Anyway, thank you very much for all your response.

[SuperDuper! 230]

I don't think this fits a crime..

You would be in big trouble if the meter maid snarled at you Hopefully she was taking a break relaxing and pulling the wings off flies.

BTW, do you know what a Fly without wings is called? A Walk.

[lucyrich 20]

You were given a citation. A ticket is a citation. So when you're asked if you were ever cited, you say "yes", and explain what happened.

It sounds like you were charged, too. But the charge was dismissed when you went to court.

The ticket is not a big deal. Failure to disclose the ticket might be a big deal.

If you fail to mention it, the failure to mention might be considered a misrepresentation of a material fact, which could lead to serious consequences. Normally, the penalty for misrepresentation is deportation and a lifetime ban. It would be silly to risk those consequences for failure to disclose something which, if you DO disclose it, isn't going to cause a problem.

Another way of looking at this, is "what do you have to lose by disclosing it"? If your answer is "nothing -- they'll just say they don't care about it anyway", then go ahead and disclose it. If your answer is "they might care about it and delay my N-400 while they investigate", then you're effectively saying you think it really is a material fact, so failure to disclose is a very, very serious offense.

[lucyrich 20]

Oh, and in direct answer to whether or not it was an "offense", it probably was. The details vary somewhat by jurisdiction, but most minor traffic tickets are considered "infractions".

http://en.wikipedia.org/wiki/Infraction

An Infraction in legal sense is a summary offense, or "petty" violation of the law less serious than a misdemeanor, and usually does not attach certain individual rights such as a jury trial. It is sometimes called a minor offense, minor violation, petty offense, or frequently citation, and sometimes used as synonymous with violation, regulatory offense, welfare offense, or contravention.

I suspect is was a very minor offense, but when you're asked if you were ever charged with an offense, you probably have to say yes and explain.

[Mrs.J06 4]

I'm confused by the term "citation". Would a written warning (as for a stop sign violation) be a citation? What about a parking ticket, is that a citation?

[kiko 0]

I'm confused by the term "citation". Would a written warning (as for a stop sign violation) be a citation? What about a parking ticket, is that a citation?

according to some of my friends experience in their n400 interview,none of them answered yes about the citation,even the io told them that they are not looking for a speeding tickets or parking tickets..

[SuperDuper! 230]

I'm confused by the term "citation". Would a written warning (as for a stop sign violation) be a citation? What about a parking ticket, is that a citation?

according to some of my friends experience in their n400 interview,none of them answered yes about the citation,even the io told them that they are not looking for a speeding tickets or parking tickets..

Just dont be caught J-Walking across the street. You will get the book thrown at you!

[NickD 202]

Can really get scrupulous on this one.

16. Have you ever been arrested, cited or detained by any law enforcement official?

Yes, by a police officer detaining me because there was an accident ahead. Or was detained by a police officer trying to make a left turn into a stadium parking lot until he finally waved me on.

15. Have you ever committed a crime or offense for which you were not arrested? Can be a bit self incriminating or contradictory at least, if caught, why weren't you arrested, couldn't have been very serious.

Believe the M-471 or the instructions state only to list traffic violations that exceed 500 bucks in fines, but can simply say like it was suggested, was cited for a traffic violation, but it was dismissed in court to free your guilt complex.

Since Homeland Security, doubling our police force, the line at our local courthouse is very very long with these infractions, cops don't have anything else to do, even had to get a judge to handle these. And now another uncover cop car, a ten year old light green Ford Crown Victoria, tricky bastards.

[Stella08 0]

Can really get scrupulous on this one.

16. Have you ever been arrested, cited or detained by any law enforcement official?

Yes, by a police officer detaining me because there was an accident ahead. Or was detained by a police officer trying to make a left turn into a stadium parking lot until he finally waved me on.

15. Have you ever committed a crime or offense for which you were not arrested? Can be a bit self incriminating or contradictory at least, if caught, why weren't you arrested, couldn't have been very serious.

Believe the M-471 or the instructions state only to list traffic violations that exceed 500 bucks in fines, but can simply say like it was suggested, was cited for a traffic violation, but it was dismissed in court to free your guilt complex.

Since Homeland Security, doubling our police force, the line at our local courthouse is very very long with these infractions, cops don't have anything else to do, even had to get a judge to handle these. And now another uncover cop car, a ten year old light green Ford Crown Victoria, tricky bastards.

That's not true. It states that you don't have to provide documentation if the fine was less than $500, didn't involve any points towards your driving record and was not DUI-related. Still, you should list it. I listed everything and it wasn't a problem at all and it didn't cause any delays either. So I don't know why people would lie about it or omit it. A traffic ticket won't keep you from becoming naturalized. Lying on your application might do just that. Or, if USCIS is ever looking for revoking your citizenship, it might give them just another reason to add to their case. I wouldn't risk it.

Edited April 1, 2009 by Stella08

[jasminelily 1]

That's not true. It states that you don't have to provide documentation if the fine was less than $500, didn't involve any points towards your driving record and was not DUI-related. Still, you should list it. I listed everything and it wasn't a problem at all and it didn't cause any delays either. So I don't know why people would lie about it or omit it. A traffic ticket won't keep you from becoming naturalized. Lying on your application might do just that. Or, if USCIS is ever looking for revoking your citizenship, it might give them just another reason to add to their case. I wouldn't risk it.

On page 8 of M-476, Question 7

"Even if you have committed a minor crime, USCIS may deny your application if you

do not tell the USCIS officer about the incident. 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."

So according to my understanding, "do not need to submit documentation" doesn't mean "do not tell". I think we have to put it on the form = tell and we have to state the outcome or disposition on page 8 of form N-400, but we don't have to provide the documents.

However, I think the IO is definitely going to ask where are the documents to prove that you're discharged or you've paid the fine or whatever outcome if you actually put something on that box, so why did they say you don't have to provide documents if the IO has the right to ask? He/she might even ask you to bring those in for a second interview if you don't bring it the first time, I mean if he/she woke up on the wrong side of the bed that day (being an xxx, don't really want to say that word out loud on this forum). I thought the burden of proof always lies on us, not sure if that's true, some say the burden of proof otherwise lies on USCIS. But I don't want to take a risk of delay. Such a dilemma!?

My question is: I have a parking ticket, parked on a taxi only zone, $40.00 fine, still have the letter and the cashed check image to show that I paid the fine right away. I'm applying base on 3 year marriage to USC. That ticket was more than 3 years ago, even before we're married. Should I mention that parking ticket or not? I mean I could order a licensee driver records, not sure if it shows parking ticket though.

http://www.texasonline.state.tx.us/NASApp/...LicenseeManager

Certified List of All Accidents and Violations in Record (Type 3A): certified version of Type 3. This record is acceptable for Defensive Driving Course (DDC).

Certified Abstracts of Driving Record ("AOR"): Certified abstract of complete driving record of a license holder.

I think I'll order those two types of records, if it does say I have a parking ticket, I'll include it on the N-400, if it doesn't, then I won't put it on the N-400. Sounds fair enough to me.

Anyone else has a different point of view? Please say away.