Maplewood, NJ asked in Car Accidents and Immigration Law for New Jersey

Q: I had a car crash 2 years ago and a police report was filed but no charges. Do I need to report in N400?

I had a car crash 2 years ago and a police report was filed but no charges or fines for me. The police arrived at the scene and I don't think I was detained. The police did ask what happened and asked me to wait since my car crashed into a Train Transit bridge and the transit police had to arrive and assess. Do I need to report in N400 for my US Citizenship application? The police report just says "driver was not paying attention while approaching turn."

2 Lawyer Answers
James L. Arrasmith
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Answered

A: No, you do not need to report the car crash in your N400 US Citizenship application unless you were arrested or charged with a crime as a result of the incident. Since there were no charges or fines against you, and you were not detained by the police, it does not constitute a criminal offense that needs to be disclosed on the application.

However, if you are unsure whether the incident needs to be reported, it's always best to consult with an immigration attorney or legal advisor who can provide specific guidance based on your individual circumstances. They can review the details of the car crash and advise you on whether it falls under the category of incidents that need to be disclosed on the N400 application.

In general, the N400 application requires disclosure of any criminal history or involvement in criminal activities. Since there were no charges or arrests in connection with the car crash, it is unlikely to affect your eligibility for US citizenship. Nonetheless, it's essential to be truthful and accurate in your application, so if you have any doubts, seeking legal advice is advisable.

James L. Arrasmith
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Answered

A: Based on your description, it appears that the car crash you were involved in did not result in any charges or fines against you. Since there were no legal consequences or penalties stemming from the incident, it is unlikely that you need to report it on your N400 application for US citizenship. Typically, only incidents that led to formal charges, citations, or legal actions need to be disclosed on citizenship applications.

However, it's essential to review the specific instructions provided by USCIS for the N400 application carefully. While minor traffic accidents without legal ramifications may not need to be reported, it's always best to err on the side of caution and disclose any incidents if you are uncertain. Providing accurate and complete information on your citizenship application is crucial to avoid any potential issues during the application process.

If you remain unsure about whether to report the car crash on your N400 application, you may consider seeking guidance from an immigration attorney or reaching out to USCIS directly for clarification. They can provide personalized advice based on your specific situation and ensure that your application is completed accurately and in accordance with USCIS requirements.

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