Fare Evasion in NYC

[bhoywonder10 0]

Hi, I recently sent in my N-400 and have already been fingerprinted with the interview being held on June 11th.

My problem is that I received two tickets around 3/4 years ago for jumping the turnstile on the subway, which were paid fully right away. Although this happened before I removed the conditions on my 2 year greencard, I understand it's considered a crime of moral turpitude in the eyes of USCIS (even for such a trivial thing). Will I need an immigration attorney present at my interview? Or am I completely screwed?

Thanks for your help!

[JimmyHou 610]

Hi, I recently sent in my N-400 and have already been fingerprinted with the interview being held on June 11th.

My problem is that I received two tickets around 3/4 years ago for jumping the turnstile on the subway, which were paid fully right away. Although this happened before I removed the conditions on my 2 year greencard, I understand it's considered a crime of moral turpitude in the eyes of USCIS (even for such a trivial thing). Will I need an immigration attorney present at my interview? Or am I completely screwed?

Thanks for your help!

This is a minor issue. If you can, go to the courthouse where you paid the fine and ask for a copy of the case disposition. This will show that you settled the matter. No need for a lawyer.

I assume you listed these two incidents on your applocation.

Edited May 27, 2015 by JimmyHou

[Boiler 43,401]

My assumption is that you will need to show 5 years good moral character.

[aaron2020 11,651]

Agreeing with Boiler. 5 years of good moral character.

Green card holders are guests. Guests should not commit any crimes; including trivial ones.

My brother got his green card revoked for petty crimes related to his drug addiction; mainly shoplifting. Fortunately for him, the U.S. can not deport Vietnamese refugees (people here before 1995) and he is able to get an EAD.

Small things can have big immigration consequences.

[bhoywonder10 0]

Thank you for your responses. Immigration does not take these crimes lightly however trivial. They consider fare evasion as theft of services although it seems trivial, it isn't. Should I get a lawyer or withdraw the application?

Thank you all for your time.

[NancyNguyen 1,657]

Don't withdraw, bring court orders to your interview, worst scenario is they will deny your citizenship at this time. Be honest with interview about those tickets. Good luck.

[DC85 113]

Thank you for your responses. Immigration does not take these crimes lightly however trivial. They consider fare evasion as theft of services although it seems trivial, it isn't. Should I get a lawyer or withdraw the application?

Thank you all for your time.

I would consult with a lawyer, At least you will know for sure if this is a big deal for the immigration or not.

[JimmyHou 610]

I guess it depends on your interviewer but again I don't think this is a serious issue. I'm not a lawyer so don't take my opinion too seriously, but I don't see how this is any different from driving in a toll lane without a toll tag. It's a minor offense that shouldn't impact your immigration at all as long as you can show that you paid the fine. It's been a while but I've read about a couple of cases similar to yours in NYC where the applicants were approved. I'm afraid I don't remember of the approval came right away or if it caused a delay. Of course, another interviewer may see this differently.

Am I right that you were not arrested, but that you recieved a citation and were required to pay a fine? And that if you hadn't paid the fine, a warrant would be issued for your arrest? If that's the case, then this is a citation, just as one you would have receoved for loitering or jaywalking.

Anyone who knows more about this than I do (which isn't mich) can correct me.

[bhoywonder10 0]

Hi JimmyHou,

In terms of monetary penalty it's the same as jaywalking, parking fine etc. The issue comes with the statue it falls under which is theft of service and there for can be considered to be a crime of moral turpitude which can make you deportable AFAIK, and I have two even though it's four years ago. The Interview is on the 10th, so I have a few days whether to decide to withdraw the application or not.

[Nich-Nick 3,353]

Don't guess and dream up scenarios in your head. Go to the interview and find out what happens. And don't wave a big CIMT flag. Just let them ask the questions.

[bhoywonder10 0]

Go to the interview and see what happens? What if what happens is if they put me in deportation proceedings like they have done in the past with similar cases, instead of withdrawing the application?

[NancyNguyen 1,657]

Well then no point asking here, you made your decision of withdrawing before coming here, didn't you?

[bhoywonder10 0]

Not at all, I'm trying to gather as much information as possible. Sorry for bothering you.

[Nich-Nick 3,353]

Go to the interview and see what happens? What if what happens is if they put me in deportation proceedings like they have done in the past with similar cases, instead of withdrawing the application?

Do you have a link to the first hand experience of such cases. I haven't read any. Curious to read what happened.

I guess that's when you need a lawyer...if you have a deportation hearing.

[Buckyball 22]

Deportation for two stupid tickets from, MBTA, for sure not.

Bring evidence that you paid the fine and that's it.