Cited for going in hotel pool after hours by Police

[KAT - BETO 0]

My Husband was on a work trip and went in hotel pool after the pool was closed. The manager instead of telling him to get out called the police and he got a ticket to appear in court. Since it was in another state he didn't go to court but did get a lawyer and paid the fee so it can be dismissed. Should I mention this on the application. Has anyone ever had anything like this happen. He was only given a ticket he wasn't arrested. Should I send the citation together with his application.

[Torete 121]

Out of simple curiosity, what was reason on the citation? Example...trespassing? Threats? What?

[JimmyHou 610]

My Husband was on a work trip and went in hotel pool after the pool was closed. The manager instead of telling him to get out called the police and he got a ticket to appear in court. Since it was in another state he didn't go to court but did get a lawyer and paid the fee so it can be dismissed. Should I mention this on the application. Has anyone ever had anything like this happen. He was only given a ticket he wasn't arrested. Should I send the citation together with his application.

This is my opinion and others may well disagree:

Don't sent the citation with the application, because nowhere in the instructions does it tell you to do so.

Do list the citation where it asks if he has ever been cited. This is because if there is a police report of the incident, it may well show up on your husband's record.

Do take the citation with you to the interview (along with proof that any fines were paid) so that the matter can be closed out quickly.

Without getting into the controversial traffic citation issue, I'll mention this one case by way of example: I came across a case where an applicant had old traffic tickets that only showed up in her background check as "incidents" that were investigated by police (the record did have details that would have showed that these were traffic citations). Because the applicant had the tickets with her at the interview, she was approved on the spot when the interviewer saw that the dates of the tickets matched the dates of the incidents on his screen. Of course, the applicant would have been approved eventually anyway, because she'd done nothing wrong, but it may have caused a delay while USCIS investigated.

So my advice is that you should be cautious, and disclose the incident and take evidence with you to the interview. If you do that, there shouldn't be anything to worry about.

If there's no record of the ticket, or if the interviewer isn't interested in it, then he/she can tell you that it doesn't matter at the interview.

I think it's better to be cautious than to explain why you didn't list a citation when the application asks you to list all citations.

Edit: now that I think about it, I remember two other cases (both from New York City) where applicants were cited. One was for loitering on subway steps and one was for being in a park after hours. They both listed these incidents on the application. One had to go to court to request proof of dismissal of charges and bring it back to the interviewer, which caused a delay of a few weeks. I don't remember if the other was even asked about the incident. You can probably find these if you search through VJ stories, but they were both over a year ago.

Edited January 18, 2016 by JimmyHou

[JimmyHou 610]

Also, I have to say... if there's nothing more to the story, then that hotel manager acted rather harshly... so did the cop, unless your husband was causing a disturbance... a simple warning should have sufficed!

[KAT - BETO 0]

Out of simple curiosity, what was reason on the citation? Example...trespassing? Threats? What?

The citation says Trespass First Degree.

[Torete 121]

The citation says Trespass First Degree.

Thank you.

Yes, that seems rather harsh.

Agree with the previous poster.

Edit: What state did the "crime" (sarcasm intended) occur? I'll be sure to avoid after hour pool trespassing there.

Edited January 18, 2016 by Torete

[KAT - BETO 0]

Also, I have to say... if there's nothing more to the story, then that hotel manager acted rather harshly... so did the cop, unless your husband was causing a disturbance... a simple warning should have sufficed!

Yeah I don't know why the hotel manager acted that way if he was paying. The actual citation says trespass first degree without authorization entered or remained on the premises of another so enclosed or secured as to demonstrate clearly an intent to keep intruders in a building of another.

Well I will mention it on the application and get a hold of the attorney because we paid the fee.

Do you think a speeding ticket should also be included? He also paid a fine on that.

Thank you.

Yes, that seems rather harsh.

Agree with the previous poster.

Edit: What state did the "crime" (sarcasm intended) occur? I'll be sure to avoid after hour pool trespassing there.

North Carolina Wilmington

[JimmyHou 610]

Yeah I don't know why the hotel manager acted that way if he was paying. The actual citation says trespass first degree without authorization entered or remained on the premises of another so enclosed or secured as to demonstrate clearly an intent to keep intruders in a building of another.

Well I will mention it on the application and get a hold of the attorney because we paid the fee.

Do you think a speeding ticket should also be included? He also paid a fine on that.

North Carolina Wilmington

I think speeding tickets should be included and I did include them on my application.

Others disagree. None of this will result in a denial... it's just what each of us thinks will lead to the fastest approval. If you have evidence, take it with you to the interview. If you don't have it but it's easy to get, then get it.

[KAT - BETO 0]

I think speeding tickets should be included and I did include them on my application.

Others disagree. None of this will result in a denial... it's just what each of us thinks will lead to the fastest approval. If you have evidence, take it with you to the interview. If you don't have it but it's easy to get, then get it.

hmm that is tricky. It happened in another state. I actually recently destroyed those papers because didn't think it was important since he wasn't arrested. It was just speeding.

[Torete 121]

I think speeding tickets should be included and I did include them on my application.

Others disagree. None of this will result in a denial... it's just what each of us thinks will lead to the fastest approval. If you have evidence, take it with you to the interview. If you don't have it but it's easy to get, then get it.

Transparency and being forthcoming will be two good allies. IMO

I honestly don't think this will cause any bump in your journey.

[JimmyHou 610]

hmm that is tricky. It happened in another state. I actually recently destroyed those papers because didn't think it was important since he wasn't arrested. It was just speeding.

If you can't get the documentation, then there's not much you can do.

The instructions actually say you don't need documentation for offences under $500... but people have been asked for it anyway at the interview.

As I said, none of this should result in a denial, but the more you take to the interview, the more you'll be prepared for unusual requests. If there's paperwork you can't get your hands on, then you'll just have to go without it.

[NexGen 8]

hmm that is tricky. It happened in another state. I actually recently destroyed those papers because didn't think it was important since he wasn't arrested. It was just speeding.

Unless under seal or a suppression order, the majority of basic case information (i.e. charges and disposition) is public and can be found online under the various public court systems. You just need to know the jurisdiction in which he was cited then you can pull up the case summary and disposition. The county will usually dictate the circuit court.

I, too, had a speeding ticket which I disclosed in my application and again, during the interview. My application was approved and I was naturalized in Dec. 2015. During my interview, I asked the IO if we are required to disclose speeding tickets and other minor citations/offenses. He said that while they are looking for serious crimes, as a matter of best practice, one should always disclose citations for minor offenses since it meets the disclosure definition in the application. Applicants will always have an opportunity to explain during the interview process. By the way, there is nothing stopping you from including with your application, a letter explaining the circumstances, if you believe it is necessary. For a single speeding ticket, that would be overkill, but it may make sense for other more complicated offenses or a series of speeding tickets if you are a habitual offender. In which case you probably need legal counsel in those instances. Failure to disclose a citation that is subsequently uncovered in your background check could be viewed negatively and goes to "good moral character". So, why take the chance?

I have read so many crazy stories on VJ - one poster had several speeding tickets including a DUI which he resolved with the courts, did defensive driving class etc, and his application for naturalization was approved. Go figure!!

[madtownguy 164]

This discussion goes both ways, some people will say disclose them some will say not to. I don't think it will matter much either way myself. They are minor so I would just disclose them, well I honestly wouldn't include any traffic related tickets but the trespassing is probably better to error on the side of caution.

[IcezMan_IcezLady 582]

I doubt this will cause a big impact on your case but , I will say that DISCLOSE it.

I disclosed a speeding ticket that had been dismissed years ago on my application. It never came up in the questioning but it didn't hurt my case.

My view is that, that question about arrest, citation and convictions are on the form. So it is not an option to you to decide which was a trivial or a foolish case. Just answer based on what is required.

All government forms have this disclosure (not sure if that the word) that [You agree that all information presented are true...]

SO don't let something that "trivial" cause you any problem. If I were you, I would put it on there!

Good luck