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Applied N-400 with "Yes" on citations(Section D). Recently got yellow letter requesting certified copy of arrests. Help!!!

San Jose, CA |

Dear Lawyers/Attorneys
I recently applied (Feb 16th 2013) applied for citizenship with a yes section d for citations and listed my citations as a traffic violation. There were mainly speeding tickets. I got done with my finger prints as well. May 19th I received a yellow letter from USCIS stating the following "You indicated in the application that you have been arrested. For these arrests and any other incidents in which you may have been involved, bring original copies of all arrest records and court dispositions showing how each incident was resolved".
What I have is only 3 speeding tickets from 3 years ago (3 diff county) and my DMV record that was pulled recently does not show any citations (for whatever reason). What should I do now ? Can I just explain this in the interview? HELP!

Attorney Answers 4

Posted

Take your DMV printout and proof of payment of citations and explain that you have never been arrested.

Samuel Ouya Maina, Esq. 415.391.6612 s.ouya@mainalaw.com Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104

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Asker

Posted

Thanks for the answer. It is just that it is not so easy to get the proof of payment of those citations as they were from different county's and it seems to be a pain to get any info from each of the county's. Do you think it is a must that I get proof of payment ?

Samuel Patrick Ouya Maina

Samuel Patrick Ouya Maina

Posted

You are welcome. The officer may be more interested in whether or not you were arrested than proof that you paid for citations. The problem is that you seem to have indicated that you were arrested, when in fact you were not. Now it is upon you to convince them that no arrest occurred. You can explain you made a mistake and they may accept that explanation. If they ask for the proof of payment, though, you will have to get it after the interview, and that would delay your case.

Posted

Write a letter and explain. No record is needed for this.

NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

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Posted

Thanks Mr Segal. Could you let me know to whom I should write this letter to ? I assume that I have to take this letter with me to the interview. thanks for the help.

Posted

If you were convicted of a misdemeanor, you can request the certified register of actions from the courthouse to show that the fine was already paid off. As long as you respond with evidence and / or an explanation, everything should be alright.

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Posted

Don't freak out, the USCIS letter just isn't worded well and I don't think they are saying they think you've been arrested. I assume you answered "yes" to the question that asks if you've ever been arrested, detained, or cited and they're asking for evidence relating to the reason you answered "yes." In your case this would be copies of the citations (if available) or records of the citations, as well as proof that any outstanding fines or tickets have been paid. I think it would be worth your while to track down all the records, just for your own peace of mind, even if it is kind of a pain because they're located in different counties. Oftentimes it's possible to call the county sherriff's office or county court and speak to their records clerk who can mail you the records for a small fee.

If you found this answer helpful, please mark it "helpful" or "best answer." Thank you! Laura Mandell, Gingell Immigration, 2075 SW First Avenue, Suite 2J, Portland, OR 97201 | Telephone: 503-719-7209 | Facsimile: 503-345-0926 | Email: laura@northwestlawoffice.com | Online: http://stephengingell.com | Nothing posted on this site is intended to create an attorney-client relationship.

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