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  1. #1
    Join Date
    Jun 2011
    Posts
    4

    Default Citizenship Application - Driving Records Show Clerical Mistake, Two Charges

    Hello:

    I had everything ready to file today. I am on green card through marriage, divorced in 2002 and have a near-spotless record (One speeding ticket, a "No Seat Bell" ticket which I fought and won). I have all my child support receipts and about the only "iffy" issue was a failure to file taxes in 2001 do to an error made by my ex-wife and that I dealt with back in 2003 (Got a letter, replied with all proper documents, IRS took no further action since then, got ALL the copies). I have lived in the same address for 10 years and my life has been one uneventful affair with little issues.

    I decided to do one last check just "in case". I went to the DMV and then that is when my life went on a death spiral: It shows an address that is not mine, an open ticket for "Driving without a license" and a "Failure to appear" with a WARRANT for my arrest. Problem is....IS NOT ME. I called the DMV Mandatory Unit which gave me the case number and told me I needed the court to clear the issue and send them a DL 157 in order for them to fix it, which will take 4 to 6 weeks.

    I looked at the case online in the Superior Court database: The person that was arrested has an almost-identical name as mine EXCEPT the middle initial. (I have the cursed luck of having three of the most common names used by Mexican illegals...more likely the culprit in this case. Not the first time something like has happened to me.) The error is basically ONE SINGLE MIDDLE INITIAL and the address, which is not mine.

    So I went to court today and was told I needed to come back tomorrow because only the judge can dismiss the case. Only God knows what will happen. I am bringing with me EVERYTHING I can find with my name and address on it: Tax records, social security letters, all my old car registrations, my immigration documents with the address on it, bills, plane tickets, etc, etc.

    What I was hoping some of you can help me with is the following issues/concerns. Keep in mind I have ZERO experience with the courts as I have never seen or been in one before at all:

    A) Since there is a warrant under my name, and presuming that the judge will dismiss it...Should this be listed under the "Good Character" section of the n-400 form? I really, really, really do not want to because....I did nothing wrong and I am just an innocent bystander that got hosed by bureaucratic idiocy, but I have feeling I will have to.

    B) If I do have to put this in the application...What documents from the court should I include? Is there ANY specific document or letter that I should get from the court at all? I will request to have the record sponged completely...Should I request that or this up to the judge?

    C) If any of you readers has had this happened before...ANY tips you can throw my way as to how to deal with this?

    25 years in America, legally. Not one single law ever broken. One single clerical error and my whole life gets dumped into a pile of manure my this magnificent system of incompetence.

    Thanks.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Citizenship Application - Driving Records Show Clerical Mistake, Two Charges

    What happened in court? I would not file the N-400 before you get the dismissal, but based on your story you may already have the dismissal - perhaps only on the record, as opposed to in the form of a written order, but a written order should follow.

    If the charge is dismissed based upon a mistake of identity, I would document exactly that - I expect that you'll want a certified copy of the order of dismissal, and ideally something else (if it's not reflected in the order) documenting that the dismissal was due to mistaken identity and that you're not the person who was charged. You have just told us that you have been charged (albeit mistakenly) with committing an offense; the USCIS knows that mistakes happen.

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