British citizenship with poor USA immigration history

[ra_hova]

hi guys,

I need some advise here. I got a speeding ticket in 2003 in the US. I didn't pay the ticket on time therefore a court placed a temporary suspension on my license until I paid it. According to the court, this is standard procedure for tickets not paid on time so there wasn't a conviction and my fine wasn't increased. I eventually paid it and that was the end of it. Do I need to declare this on my citizenship application? If so, can i be refused for it? I've read stories of people getting refused for speeding tickets so I'm a bit worried. If I don't declare it, is there a chance the homeoffice will do checks with the United States for things such as speeding tickets? I don't have any convictions but I received a caution in 2008 which was delcared on my ILR application and it was granted. But I'm worried declaring this might make them do checks with the US on me where I don't have a good immigration history. I will give details on that below.

I studied in the US for a couple of years and then fell out of status. I applied for reinstatement and was refused and asked to leave the country within 14 days in 2005 which I did I went back to my home country and applied for a new student visa but was refused twice. This was when I then applied for a student Visa for the UK and was granted hence why I came to the UK in 2006. 4 years ago I went to apply for a US visa again here in the UK and was refused. The consular officer told me I had been deported in absentia in 2005 which I was never aware of as I left the country voluntarily within the time frame they told me to leave. He said he was refusing my application due to me having a 10 year ban as a result of the deportation and also stated that he didn't believe that I was being honest about my arrests. I have been arrested a few times but never charged but didn't declare a couple of them on my USA visa application. He then said my ban was going to expire the following month so I could apply again from that tie onwards. My major worry is that if I declare the USA speeding ticket will the home office do checks with the US and will my visa refusal from the US affect my application if it comes to light? My immigration history in the UK is perfect and I've never violated any laws here or the terms of my visas. I've been of good character ever since I've been in the UK and the only blemish is the caution I had in 2008 which was for sending an abusive email. I have previously declared this on all my other applications with the home office including my ILR application so it appears it's not an issue.

I know this is a lot to digest but I'd greatly appreciate it if anyone could give me advice.

Thanks in advance

[silverxlibra]

Your immigration history in other countries is irrelevant to the UK - they don't check what you did in the US or anywhere else in the world. Unless you're wanted by the Interpol or similar, you're okay.

I recently successfully applied for UK citizenship and was granted it without so much as a snag, even though I overstayed in the US by several years prior to coming to the UK. As long as your immigration history in the UK is clean, I have reason to believe you're absolutely fine.

[ra_hova]

Thanks for replying. No I'm not wanted for anything nor have I gotten into any trouble except for the caution for the offensive email I sent in 2008. So do you advise that I disclose the speeding ticket in the US?

[silverxlibra]

I don't think that's strictly necessary but you certainly could disclose it, even if just for your own peace of mind. I personally didn't disclose anything at all about my own US immigration history to the Home Office.

[ra_hova]

Thanks again. I'm not disclosing anything in relation to my immigration history with the US. What I'm worried about disclosing is the speeding ticket. Is this something the UK can find out about? The record of the ticket is public and i was able to find out about it by going to the court's website and searching their records. The fact it's available publicly is what bothers me as i'm worried the home office could see it. So I'm struggling to decide whether to declare it or not. What do you think? Did you have any speeding tickets or traffic violations in the US?

[silverxlibra]

I don't have any speeding tickets, traffic violations or any arrests in the US (or anywhere in the world). I did, however, violate the US immigration regulations - no deportations or detentions though, just quietly overstayed my visa for several years, then left of my own accord.
What I'm saying is, I don't think they check for traffic violations and speeding tickets OUTSIDE of the UK, that alone would take so much of their resources that I imagine the whole application processing would just come to a standstill. I have no reason to believe they cooperate to such a degree with another country's authorities.

That said, if you already disclosed the speeding ticket on your other applications with the Home Office, then they already have that info on record. You could choose to be consistent and tell them about it this time as well. However, the good character requirement only applies to the last 10 years and 2003 is already way behind us in that respect.

[ra_hova]

Thanks again. I guess my main worry was that they would take time to look into traffic violations outside the UK. So are you saying you don't think they run checks with the US immigration/authorities for all applications? I was under the impression they did.

[silverxlibra]

I don't think they do, USCIS and the Home Office are completely separate and don't compare notes (unless you're on some international wanted list or have links to terrorism, then they might request information from each other). They only run background checks on you within the country - that's what they have access to.

[ra_hova]

|Thanks again for coming back to me. OK this is making me feel reassured. Do you know of any cases similar to mine? Or of people refused due to not disclosing a traffic violation from more than 10 years ago? Sorry for all the questions

[silverxlibra]

Don’t know anyone with a similar situation, I’m afraid - but given that it’s outside of their timeframe for ‘good character’ (last ten years) and happened in a different country, I think you’ll be fine.

[ra_hova]

Thanks again. I can’t seem to see anywhere it says the good character requirement is for over the last 10 years. Can you please point me in the right direction? Thanks

[silverxlibra]

https://assets.publishing.service.gov.u ... idance.pdf

Plus this thread: british-citizenship/british-citizenship ... 05532.html

This is rather extensive and detailed! It refers to the 10 year period for various offenses, although it looks like some lengthy sentences require a period of 15 years of clean history since. Minor non-custodial ones only 3.

[ra_hova]

Thanks. I will disclose the speeding ticket for peace of mind and just to be safe. I'll be making my application in June so thanks a lot for your help.

[Nerazzuri]

Your immigration history with other countries, more than 10 years ago, is not relevant. Hiding a police caution on the other hand (even if you declared them at ILR) could cause you more trouble.

[ra_hova]

Yeah I am going to declare the caution as well. My original worry was my immigration history in the US which shouldn't affect it as you guys have said.