Legal Question in Immigration Law in Indiana
I did not know if I needed to disclose my speeding ticket in my N400. So I did not. What should I do. My interview is on October 1st 2009. Let me know
2 Answers from Attorneys
There is no need to disclose simple speeding tickets if there was no DUI, no arrest and fine was under $500.
Read carefully the instructions letter that you received from the USCIS with your interview appointment letter.
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Your speeding ticket should be revealed. Section D of the application, No. 15 asks whether you have ever "committed" a crime or "offense" for which you were not arrested? The "or offense" could include a speeding ticket, an "offense" for which you WERE NOT ARRESTED.
Question 16 asks whether you have ever been arrested, "cited" or detained for any reason? A speeding ticket is a form of citation, and the question is addressed as "arrested, cited OR detained" so it can be for any of those three, for any reason. Do not worry about not having disclosed it on your application. Advise the officer that you did not know exactly where to put it because you were not charged with anything criminal, nor were you arrested (if that is true). (Note: sometimes a speeding ticket could be charged as "reckless driving" which is, technically, a criminal offense not a civil offense.) It is a minor oversight, and the way the questions are worded would really confuse. They could ask the questions and add "including traffic violations or citations," or "do not include traffic violations or citations." Unfortunately, we do not pay the government to think, and who knows who makes these questions up. You will be fine. Good Luck!