QUESTION

Is it true that traffic violations can prevent becoming naturalized or a citizen?

Asked on Jan 28th, 2011 on Immigration - California
More details to this question:
My husband was denied for naturalization of citizenship. After 3 interviews they denied him because of traffic violations. They stated that if he wants to request a review hearing, he has to pay a fee of $650.00. They are giving him one month to pay and the fee is way over his budget because he just gets SSI ($ 674.00)/ month, can you please advise us what to do and thank you so much.
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4 ANSWERS

Immigration and Naturalization Attorney serving San Diego, CA
3 Awards
When filing for naturalization you must disclose all arrests including citations for traffic matters. Nonpayment of taxes or nonpayment of traffic citations is seen by USCIS as reflecting on your good moral character. The main thing is not to ignore them. If you are having financial problems, you may want to contact the State's Attorney's office and ask if you can work out a payment plan to get these taken care of. If you have a plan agreed to by the government then your naturalization case can move forward.
Answered on Jan 31st, 2011 at 4:58 PM

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Immigration Attorney serving Hollywood, FL
2 Awards
He can apply to get the fee waived. As to whether they can deny his application, he has to prove that he has been a person of good moral character for the last 5 years. Depending on the infractions he has had they could use to make a determination on his moral character.
Answered on Jan 29th, 2011 at 11:28 AM

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Immigration Law Attorney serving Costa Mesa, CA
2 Awards
Generally, traffic violations for minor issues, such as speeding, running a red light, etc. are not evidence of lack of good moral character and would not be a reason to deny the application. We would need to know what traffic violations he was convicted of, were their misdemeanors, did he spend time in jail, did he comply with the sentence (paid the fines, did the community service, etc.) to determine if the USCIS decision was wrong. Regarding paying the fee for the N-336, he may qualify for a waiver of the fee. He needs to go to the USCIS website and review the fee waiver application form.
Answered on Jan 28th, 2011 at 12:13 PM

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Immigration and Naturalization Attorney serving San Francisco, CA at The Law Office of Christine Troy
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I would need more information to evaluate your case. For example, what kind of traffic violations were they? Did he satisfy all requirements for each violation- in terms of payments, probation, community service? I recommend that you schedule a consult with a competent immigration attorney to fully vet your husband's case. It could be that DHS is incorrect or that your husband has a moral turpitude issue.
Answered on Jan 28th, 2011 at 11:58 AM

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