This has to do with part 10, B, question 18 on N400 form.
This question seems very broad, asking if you have even been detained by a law enforcement officer for any reason.
I have just filled out the N400 form and then I remembered that the day my wife arrived in the US we were stopped because she did not have her seat belt on, and then after I told her she had just arrived, we had to show her green card before he let us drive on (with no ticket). This normally would be a trivial incident. But I have started to worry if I should do this part over because from what I have heard, if you do not tell them the truth, they may deny her application for naturalization.
What do you think?

You can say no to that question.

For us, we had an incident. I am getting a police record check. Whatever shows up in the records, I am writing on the form. If it doesn't say anything, which is what I think will happen, I am not saying a word.

No. Detained by police means she would have been taken in to the police station and held for questioning .

That is a NO, question, the officer did not detain you, there was no record, and the officer let you go with a warning.

Maybe you are referring to this question instead of 18,

16. Have you ever been arrested, cited or detained by any law enforcement officer
(including USCIS or former INS and military officers) for any reason?

"detained by any law enforcement officer for any reason" is the killer and really doubt if anyone can answer no to this question in the pure literal sense.

As recently as last week ago, I was detained by a state trooper, held his hand up in the air and yelled stop, course I was slowing way down anyway as could see an accident up ahead with firetrucks, ambulances, tow truck, and a whole bunch of police cars. Was this guy a law enforcement officer? Sure looked like one, even carried a gun. Did he detain me? He sure did, for almost an hour until the road was cleared. Is this for any reason? Sure was, the reason was their was a serious accident and the road was blocked. Should I answer yes to this question because of this incident or many other like it? Another example was detained by a police office directing traffic either for pulling into a parking area or a malfunctioning traffic light.

Was there any records of being detained by these law enforcement officers? No, so why should one answer yes? However one incident where they took my name as I was a witness to an accident, again by a law enforcement officer, and yes, I was detained. But I hardly feel that requires an explanation. This is yet another area where the N-400 could use some improvement.

But the heading on moral character, "For the purposes of this application, you must answer ''Yes'' to the following questions, if applicable, even if your records were sealed or otherwise cleared or if anyone, including a judge, law enforcement officer or attorney, told you that you no longer have a
record." infers some type of criminal activity.

You must have been driving very slow for a law officer to even see that your wife was not wearing her seat belt, did he record anything? Or just say for your own safety, put on your belt and wave you on. If that is the case, no record, would just answer no, but not wearing a belt is hardly a criminal offense.

Gee after reading that question, should have answered yes to that question, but wife was detained for a considerable time by the DHS for an interrogation and a strip search when she first arrived here. They wrecked her luggage, lost some her personal items with no just cause for that, I was really angry, but she said forget about it, I really wanted to file a complaint for that uncalled mistreatment of her. If there was any reason, we have a$$h@les working for the DHS. If there is a record of this, would be more than happy to contact the ALCU like the Arabs did.

When I applied for my citizenship - I said "NO" even though I had been stopped various times for speeding, illegal U-turn and a couple other traffic offenses - for some of which I got a ticket and for some, I didn't. As long as I was not taken to the police station and held for questioning/processing - I consider it to be a "NO' for detained by an officer. I had no issues with my citizenship. Good Luck

In that instance I would say I was delayed by a police officer, not detained.

Legally speaking, being stopped and questioned at the side of the road is what's called an "investigatory detention."

If you are not free to leave, it becomes a "custodial detention"If they put cuffs on you and take you away, it becomes an arrest. (This is important legally because the Supreme Court has held that an investigatory detention can be performed based on "reasonable suspicion" but a custodial detention and/or arrest must be based on "probable cause.")

So yes, *technically* that was a detention—an investigatory detention. Whatever semantics you want to apply about "it wasn't a detention, it was just a delay" ... well, that's cute, but it's not what the law calls it so you can be pretty darn sure that USCIS won't think it's cute if you try to play that game with them.

Oh, and I don't like to see people playing fast and loose with the law. There's a record of *everything* and just because you think there isn't, doesn't mean you won't later have your citizenship revoked for lying on your citizenship application. (Which, yes, *is* grounds for revocation of citizenship--the *only* grounds, at that.)

Then what about being detained at an airport or even going into a USCIS field office? Should that be reported when everyone is detained?

This topic is quite funny. I would answer no with no reserverations. It is clear that the intent of the question is to see whether you have been arrested or question in a serious crime. I don't think seatbelt or even getting a speeding ticket is what it is looking for. I sometimes wish the application reveiwer would read this board and respond to some of these. I am sure they would get a chuckle. You are detain by an officer everytime you enter the country as mention before. Surely they don't want to list an explanation for that. If you are a witness to a crime, you might be detained and asked questions. What would any of that have to do with your immigration process. Sometimes, you do have to think logically for these applications, The US government is strict but not that strict. They don't expect everybody to be a lawyer to fill out the app.

So my opinion is use your common sense on things like this. But if you are worried you can list it on there. It won't due any harm (except take a bit longer to go through your app) and it might actually make the guys back there laugh. You have to remember the people reviewing the application are people too, who eat, sleep, and yes sometimes laugh. I doubt they will care about a warning about a seatbelt.

So why do they ask, "detained by any law enforcement officer for any reason", if a person is scrupulous in nature, this can be carried to the nth degree. At airports, my notebook I like to bring for such things as checking my credit card account and contacting home, dang battery went dead, but fortunately did toss in the AC charger. That caused an detainment as insisted to the officer we find an ac outlet someplace to prove my computer will turn on. Never asked why a computer that fires up is safe where one that doesn't is considered a WMD. But this tends to dismiss using common sense or logic in trying to mind read the intention of the questioner with that question.

Maybe what the questioner had in mind is being detained at Guantanamo Bay for five years because a suspected terrorist accidentally called your cell phone like that movie, Redition. Gee, could I have ended up in Guantanamo Bay because my notebook battery was dead? Has this country gone insane?

Anyway, seems like a perquisite for filling out the N-400 is to have mind reading capabilities. No difference in the words, delayed or detained, you are not free to go until satisfaction has been established. And if satisfaction has been established, why even bother asking that question?

Not all security guards at airports are hardasses, wife purchased a bottle of perfume that was a fraction of an ounce over the imposed limit. Guard was going to take that away from her, all 50 bucks worth. Just said, the receipt for the boxed and sealed bottle is in the bag, and we just purchased that from the duty free shop with no access after going through customs, proving our identity, and right before boarding the plane. So why is this duty free store selling liquids a fraction of an ounce over the limit? He said okay, but don't tell anyone I let you go. Whoops, I just told somebody.

I agree with this completely.

Some people are way too literal about everything.

Yeah, I would take my chances.

That's just ridiculous that they would want you to inform them that a police man pulled you over to tell you that your tail light was out.

So the question is "Have you ever been arrested, cited, or detainted by any law enformcemtn officer for any reason". Well I guess they added detained in there for crimes that you might be questioned for but not cited or arrested, maybe because of lack of evidence or what not. I don't think a verbal warning for a seatbelt would warrent it.

But looking as we are filling out my wifes application, I am fairly certain that we do need to answer yes to this question for a ticket my wife recieved for a left turn on a no left turn. Wonder if I should also put down IO officers detaining her ever time she comes in the country to check her greencard. Talk about detaining, sometimes we are detained for a bloody hour in the queue. They might have a sense of humor at times but I am thinking they might not like to see that.

A friend of mine answered no to the question (detained by an officer) even if a police officer put cuffs on her hands twice after she had a fight with her manager and with a store manager but she didn't go to the police station because her husband talked to the 2 managers and begged them to forgive her . after that she had a fight with her hunsband and he called the cops on her ,they took her to the police station ,she stayed like 3 or 4 hours there then she came home . a judge was called on the phone that night . they didn't stay ( her husband and her) at the same house for 3 weeks (the judge told them that) . What do you think about that ? isn'it crasy to answer NO to the question after all that?

I disagree - signed William Shakespeare

The N400 requires you to declare all your misdeeds, USA or elsewhere, caught or not.

16. Have you ever been arrested, cited or detained by any law enforcement officer
(including USCIS or former INS and military officers) for any reason?


The context of the entire question is arrested, cited, or detained that infers a serious offense such as a felony or even a misdemeanor.

Being arrested is easy to understand, either you were arrested or not, cited a a citation is an official summons, especially one calling for appearance in court that is also easy to understand, either you were cited or not. That "or detained" is nebulous, it can merely mean being stopped for any number of lawful situations.

"Most traffic tickets are issued for traffic offenses called "infractions" -- including tickets for mechanical violations and most non-dangerous moving violations. Infractions do not usually carry the same stigma and penalties as serious criminal offenses. But certain traffic-related offenses are categorized as "misdemeanors" or even "felonies", and can result in more significant fines, loss of driving privileges, or even imprisonment.

Generally speaking in most states, a traffic violation becomes a misdemeanor or felony if it:

* Causes injury to a person or destruction of property, or
* Creates a real threat of injury to a person or destruction of property.

Going through a red light may be a misdemeanor in one state, for instance, but it becomes a felony if the driver maliciously hits another vehicle in the intersection and an occupant of that vehicle dies. In addition, some traffic offenses are defined as misdemeanors or felonies from the outset, such as driving with a revoked license, leaving the scene of an accident, or reckless driving.

People accused of these more-serious traffic violations are entitled to all constitutional protections provided to criminal defendants, including the right to a court-appointed attorney and a jury trial. Following is a discussion of traffic misdemeanors and traffic felonies.
Traffic Misdemeanors

The criminal justice system would quickly be overwhelmed if every minor breach of the law required a full criminal trial. Therefore, less egregious traffic violations are often treated as misdemeanors (although many minor traffic offenses are considered even less severe "infractions"). Misdemeanors are less serious crimes, generally punishable by a fine or incarceration in the county jail for less than one year. Although precise classifications vary on a state-by-state basis, common examples of traffic misdemeanors include:

* Driving under the influence of alcohol or drugs,
* Failing to stop at the scene of an accident,
* Driving without a valid driver's license,
* Driving without insurance, and
* Reckless driving.
Misdemeanor & Felony Traffic Offenses

For many of these violations, the driver will be taken into custody and required to post a bail bond, just as he or she would for non-traffic crimes. Incarceration sentences for misdemeanor convictions are less severe than sentences for felony convictions, and other potential consequences of misdemeanor convictions are also generally less harsh. For example, a person with a misdemeanor conviction on his or her record may, for instance, still be able to serve on a jury, practice his or her profession, and vote.
Traffic Felonies

Felonies are typically the most serious crimes in any system of criminal law, and felony traffic offenses are no exception. A standard definition of a felony is any crime punishable by more than one year in prison or by death. This means that a crime that has a sentence of only a fine or confinement in the local jail for a short period of time is not a felony. Often the offense itself is not labeled as a felony, but the punishment tells the public that the offense is a felony. On the other hand, state codes may label a crime a "gross" or "aggravated" misdemeanor but provide for a sentence of more than one year in the state penitentiary system, thereby ensuring that the so-called misdemeanor is treated as a felony in many respects. Examples of felony traffic offenses include repeat DUI/DWI convictions, certain "hit and run" offenses, and vehicular homicide.

A person convicted of a felony may have more restrictions on his or her rights than a person convicted of a lesser crime. In addition to longer prison sentences in harsher settings, in many jurisdictions felons cannot serve on juries. Often times, they also lose their right to vote or to practice certain professions, such as law and teaching. Felons may be prohibited from owning guns or serving in the military. And some states have a "three strikes, you're out" statute, which provides that a person who already has been convicted of two felonies may be sentenced to life in prison if he or she is convicted of a third."

Since my wife never even came close to any of the above, we answered no. But if you have doubts, either list it or get the advice of a good immigration attorney. Still wish this and other questions were more specific.

You quoted the wrong question, try 15.

From the latest USCIS N-400 download:

15. Have you ever committed a crime or offense for which you were not arrested?

Is that what you mean?

Kind of self incriminating, isn't it? I assume that also means, not getting caught.

Exactly, where would you start?

An impossible question to answer, well fully, in English law that would rule it out, but US law is another matter.

Well if it works, the USCIS can certainly catch a lot of criminals, and with the other questions they can catch spies, terrorists, people trying to overthrow the US government, Nazi's, etc. But unfortunately, this is only limited to a relatively few who are applying for US citizenship. Do these bad guys actually apply for US citizenship? And if they do, do they actually answer, yes to these questions?

Here is some free legal advice from an immigration attorney on traffic violations.

16. Have you ever been arrested, cited or detained by any law enforcement officer
(including USCIS or former INS and military officers) for any reason?

"Until recently you could answer 'no' to this question if it was a simple traffic violation. But because of some recent case law I'm now recommending to clients that they disclose their traffic violations and supply court records."

But this is just an opinion of this immigration attorney which was started from an opinion of the ticketing officer, the opinion of the judge that issued the fine, and also subjected to the opinion of the USCIS officer. Most of our infamous 5 to 4 votes from the supreme court are based on opinions and not law or facts, but they became law. The prime function of the supreme court is to interpret the law that was passed by congress that leads to two questions. Why can't our congress write laws that don't have to be interpreted? And rather than trying to interpret the law, shouldn't the court simply go back to congress and ask, what in the hell did you mean by this?

So what is your opinion on how this attorney suggested you answer question 16? Not that it counts, we have a ladder in this country and most of us are at the bottom of it, the higher you are, the more weight your opinion counts. Whether it right or wrong like this constant abortion issue.

Question 15 is further complicated by the fact that the country one came from has different laws than here, so you may have broken the law there that is not a law here or vice-versa.