Citizenship Application - Driving Records Show Clerical Mistake, Two Charges

[kannary 0]

Hello:

I had everything ready to file today. I am on green card through marriage, divorced in 2002 and have a near-spotless record (One speeding ticket, a "No Seat Bell" ticket which I fought and won). I have all my child support receipts and about the only "iffy" issue was a failure to file taxes in 2001 do to an error made by my ex-wife and that I dealt with back in 2003 (Got a letter, replied with all proper documents, IRS took no further action since then, got ALL the copies). I have lived in the same address for 10 years and my life has been one uneventful affair with little issues.

I decided to do one last check just "in case". I went to the DMV and then that is when my life went on a death spiral: It shows an address that is not mine, an open ticket for "Driving without a license" and a "Failure to appear" with a WARRANT for my arrest. Problem is....IS NOT ME. I called the DMV Mandatory Unit which gave me the case number and told me I needed the court to clear the issue and send them a DL 157 in order for them to fix it, which will take 4 to 6 weeks.

I looked at the case online in the Superior Court database: The person that was arrested has an almost-identical name as mine EXCEPT the middle initial. (I have the cursed luck of having three of the most common names used by Mexican illegals...more likely the culprit in this case. Not the first time something like this has happened to me.) The error is basically ONE SINGLE MIDDLE INITIAL and the address, which is not mine.

So I went to court today and was told I needed to come back tomorrow because only the judge can dismiss the case. Only God knows what will happen. I am bringing with me EVERYTHING I can find with my name and address on it: Tax records, social security letters, all my old car registrations, my immigration documents with the address on it, bills, plane tickets, etc, etc.

What I was hoping some of you can help me with is the following issues/concerns. Keep in mind I have ZERO experience with the courts as I have never seen or been in one before at all:

A) Since there is a warrant under my name, and presuming that the judge will dismiss it...Should this be listed under the "Good Character" section of the n-400 form? I really, really, really do not want to because....I did nothing wrong and I am just an innocent bystander that got hosed by bureaucratic idiocy, but I have feeling I will have to.

B) If I do have to put this in the application...What documents from the court should I include? Is there ANY specific document or letter that I should get from the court at all? I will request to have the record sponged completely...Should I request that or this up to the judge?

C) If any of you readers has had this happened before...ANY tips you can throw my way as to how to deal with this?

25 years in America, legally. Not one single law ever broken. One single clerical error and my whole life gets dumped into a pile of manure my this magnificent system of incompetence.

Thanks.

[Brother Hesekiel 2,236]

Assuming the court will recognize the clerical error, you will have a court order dismissing all of the charges and proving that the warrant wasn't issued for you, but somebody else with an almost identical name.

That said, you should tell the story to the I.O. at the interview. You need to make sure that nobody can ever accuse you of trying to hide anything as that could not only jeopardize your N-400 but also your residency and potentially cause to backfire even after you have been naturalized.

As you said, you did nothing wrong, but you need to put this on record, at the very least verbally.

[NickD 203]

I didn't do a criminal search on my stepdaughter with also a very common Latin American name, ha, even asked her if she wanted to change it, she said no. But the USCIS did one with some various charges, with only one minor fault, none of these criminals was her.

For one thing, if the USCIS would have included her date of birth in their search, they would have come up with zero as your date of birth is included in your court records. They tend to forget when making charges about the burden of proof. In her case, it was a case of mistaken identity. So I certainly wouldn't admit to these crimes on your application if they weren't yours.

You said you had two minor traffic violations, they can insist on proof that you paid these fines or provide an outcome of these traffic violations. But this appears your IO going against their own guidelines that these minor traffic violations do not need to be reported.

I just contacted my senators office on her behalf, they cleared this up in minutes. And of course, won't get a letter from the USCIS that they screwed up or even a letter of apology, they just said it was a "miscommunication".

Miscommunication, my butt, accusing a 17 month old baby of battery charges and telling her to respond to a driving license suspension when she was only ten years old. If they took even a second to look at her age, their requests were absurd.

Sounds like you are in the same boat, not a question of charges or dismissal, but a case of mistaken identity.