Traffic Tickets Won't Affect Residency or Entry into the U.S., Clarifies Immigration Lawyer Willy Allen

Willy Allen, a Florida-based attorney with expertise in immigration issues, has clarified during a live broadcast on CiberCuba that traffic violations in the United States do not threaten one's residency status or serve as a basis to deny entry into the country. However, such infractions might pose challenges when applying for citizenship.

Allen emphasized that while traffic tickets generally don't affect residency, this isn't a one-size-fits-all rule. "Under Lincoln-Reilly, traffic fines can particularly impact non-residents. For residents, it depends on the nature and number of violations. Driving under the influence can be quite problematic. Traffic tickets may also influence citizenship applications if they accumulate," he explained.

"Traffic violations won't strip you of your residency or deny you entry into the U.S. We are aware of the situation involving Cubans returning from the island, who are being threatened with court proceedings to strip them of their residency. In reality, these are intimidation tactics to discourage travel to Cuba. To revoke your residency and summon you before an immigration judge, authorities must physically confiscate your residency card, issue an I-551, which signifies residency, and provide a summons for a Deferred Inspection at an office outside the airport," Allen elaborated.

According to Allen, at such inspection points, individuals can be detained and potentially sent to court. "If your residency isn't physically taken from you at the airport, you won't be taken to court. It's a method to intimidate, instill fear, and humiliate. Be aware of that," he warned.

The lawyer further explained that those who sought asylum in the United States and legalized their status as Cuban, CU6, shouldn't face issues traveling to and from Cuba. "Issues may arise during the citizenship interview," he noted. "If the officer performs their duty diligently, you may be asked why you traveled to Cuba, if you were not afraid, or why you went. If you have a valid reason—such as visiting an ill mother or claiming a child—you won't face any problems. So far, I haven't seen anyone lose their residency for visiting Cuba."

Nevertheless, Allen admitted that he has defended challenging cases during citizenship interviews, although he has no recollection of residency being revoked for visiting Cuba. He cautions that this could potentially occur in the future, especially given the intimidating rhetoric in Miami. "Yes, it could happen, especially with the current climate of fear and public discourse. Although Obama ended the Wet Foot, Dry Foot policy, throughout its existence, Cuban Republican leaders in Miami, along with some Democrats, consistently called for its repeal and for an end to Cuba travel. This has been ongoing since 1979 when Cuba allowed exiled Cubans to return to visit family. For nearly 45 years, these tensions have existed within the Cuban exile community, and I am an exile myself," Allen concluded.

Regarding the impact of traffic tickets on citizenship, Allen noted that accumulating them might lead the officer conducting the citizenship interview to perceive it as a sign of disrespect for U.S. laws, potentially classifying it as "bad social conduct." He pointed out that when assessing the moral character of citizenship applicants, the discretion of the U.S. Citizenship and Immigration Services officer is crucial. They will certainly consider traffic fines and outstanding debts, including taxes and child support, when evaluating an applicant's "good moral character."