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piko

My Incident about "Good Moral Character" for n400

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Hello, I'm applying soon in few months for citizenship (n-400) based on 5 years, but I have a concern: about a year and a half ago, I flew to visit my family overseas and my layover was in UK, as I bought a ticket with a layover in UK less than 24 hours (a flight agent from british airways here in USA called UK airport and an officer "cleared the way" for me to come since my layover was less than 24 hours). 
But once I'm in UK airport they rejected me leaving the airport and detained me and asked me to apply on the spot for a temporary visa (layover visa), I did online in their presence, and I got rejected after 2 hours. Then they moved me to wait for the next flight in a center being escorted as if I'm an illegal immigrant, but they treated me nicely as they know I'm not illegal and just here for few hours and catch my flight in the morning. They gave to the flight pilot a yellow envelop which he gave me once I arrived to my home country. 
the Decision says they denied my transit visa because I already applied to study in UK several years ago and got rejected, he rejected me based on that lol really weird excuse. 
I'm worried if this incident being detainee for few hours (regarding good moral character) will affect my n400 application 

Once again: it was NOT my mistake, it was the officer mistake to "clear the way" and confirm that I'm good to go and do my layover passing the border check point just fine as I meet the requirements for a less than 24 hours layover... but how can I prove that now? I call the heathrow airport and have this officer guy who made the mistake  (I know his name) to write an aknoledgement letter to add to my n-400 form? but I guess no way he will do it I'll just waste my time I guess.

Is it even worth all this hassle? since my US background record is clear with no crimes whatsoever (except for the driving record I had few parking tickets that are paid and not even showing on the record and a speeding ticket of 15mph).

since my US background is clear, why would I worry about "international background" for something that's just a detention while waiting for a transit visa decision

Edited by piko

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Do you guys suggest me to email UK visa immigration and complain about the mistake of that officer? because they have a complain procedure to do just that :) here: https://www.gov.uk/government/organisations/uk-visas-and-immigration/about/complaints-procedure

 

I can even request FOIA from UK border immigration (it's the same as the one of the US) to see what they have on file about that incident here: https://www.gov.uk/government/publications/requests-for-personal-data-uk-visas-and-immigration

 

or just request a copy of my denial decision of that transit visa to add to my n-400? and would be enough? or both: copy or transit visa decision AND a copy from the detention center where I spent the night?

 

The reason being is because I've read this on the n-400 instruction PDF:

G. Arrests/Convictions. If you have ever been arrested or detained anywhere in the world, by any law enforcement officer, for any reason, and no charges were filed, bring: (1) An original or court-certified arrest report; and (2) An official, certified statement from the arresting agency or applicable court confirming that no charges were filed.

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2 hours ago, marcusa said:

so complicated .sorry

Basically they detained me while I applied for a transit visa once I'm at the airport in UK. Few hours later I got a decision "transit visa rejected", then they had me go to spend the night in a kind of center or a jail for illegal immigrants, then in the morning they escorted me to the airport to my actual transit flight that I bought.

Would that lead to a refusal for my naturalization? or I'm just too worried and won't affect it?

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Hello everyone!

 

I've noticed that most members cituation regarding the detained/arrested/cited question on n-400 talk about traffic tickets related matters.

As I haven't found any case related to mine, I've created this post specifically for members who've been detained and applying for US citizenship to keep them organized and related all in this post.

Please discuss your situation so everyone benefit from your case. Starting with my unique case, here I go:

I'm a 10 years green card holder, and will apply in several months for my citizenship, but my concern is that couple years ago, I flew to visit my family back home, I had a 24hours (layover) connecting flight in UK. I didn't need a transit visa since my connecting flight was less than 24 hours (according to UK immigration laws). once at UK airport, the border officer wasn't convinced to let me leave the airport for 24 hours and be back to take my connecting flight. she had me apply instantly for a transit visa. after several hours I got a response "rejected", the reason was because I was rejected a UK student visa several years ago. Then they had me go to spend the night in a kind of center or kind of special temporary jail for illegal immigrants, so they detained me there untill the morning, then they escorted me to the airport to catch my actual transit flight that I bought. I took my transit flight back home, visited my family and came back to US all good.

I know being arrested is "worse" than being detained, but being detained for one night for not having a transit visa can lead to a refusal for my naturalization? or I'm just too worried and won't affect it?

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7 minutes ago, piko said:

Hello everyone!

 

I've noticed that most members cituation regarding the detained/arrested/cited question on n-400 talk about traffic tickets related matters.

As I haven't found any case related to mine, I've created this post specifically for members who've been detained and applying for US citizenship to keep them organized and related all in this post.

Please discuss your situation so everyone benefit from your case. Starting with my unique case, here I go:

I'm a 10 years green card holder, and will apply in several months for my citizenship, but my concern is that couple years ago, I flew to visit my family back home, I had a 24hours (layover) connecting flight in UK. I didn't need a transit visa since my connecting flight was less than 24 hours (according to UK immigration laws). once at UK airport, the border officer wasn't convinced to let me leave the airport for 24 hours and be back to take my connecting flight. she had me apply instantly for a transit visa. after several hours I got a response "rejected", the reason was because I was rejected a UK student visa several years ago. Then they had me go to spend the night in a kind of center or kind of special temporary jail for illegal immigrants, so they detained me there untill the morning, then they escorted me to the airport to catch my actual transit flight that I bought. I took my transit flight back home, visited my family and came back to US all good.

I know being arrested is "worse" than being detained, but being detained for one night for not having a transit visa can lead to a refusal for my naturalization? or I'm just too worried and won't affect it?

Do you have any documentation regarding the detainment?

Edited by Going through

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3 minutes ago, Going through said:

Do you have any documentation regarding the detainment?

only a paper the size of a credit card that has my picture and my name on it and my number that says "detainee". and once landed in my home country, the Flight Pilot gave me an envelop that has the decision letter made on my transit visa with a rejection decision.

so what do you think?

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I wouldn't worry about it.

 

The only question relevant to this on the N-400 is 23) "Have you EVER been arrested, cited, or detained by any law enforcement officer (including any immigration official or any official of the US armed forces) for any reason?"

 

Given :

a) it wasn't a crime

b) you weren't arrested

c) you weren't deported (which would have resulted in sending you back to your origin)

d) it did not result in a criminal record

Put something like 'Overnight transit visa in UK denied due to incorrect documentation check by airline '  and the outcome as ' Held overnight until next available flight to destination, and then escorted to aircraft. No arrest, no charges'

 

 Enjoy waving your US passport at LHR immigration next time.

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1 minute ago, piko said:

only a paper the size of a credit card that has my picture and my name on it and my number that says "detainee". and once landed in my home country, the Flight Pilot gave me an envelop that has the decision letter made on my transit visa with a rejection decision.

so what do you think?

It's something you will have to disclose on your application, since you were detained by border officials.

Do you have any documentation upon your release the next day stating how long you were detained, the date, circumstances, etc.

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9 minutes ago, piko said:

so what do you think?

Detainment under the circumstances you outlined above should not have an affect on your application.  Just make sure to disclose it and include a short attachment outlining what happened.

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6 minutes ago, mindthegap said:

I wouldn't worry about it.

 

The only question relevant to this on the N-400 is 23) "Have you EVER been arrested, cited, or detained by any law enforcement officer (including any immigration official or any official of the US armed forces) for any reason?"

 

Given :

a) it wasn't a crime

b) you weren't arrested

c) you weren't deported (which would have resulted in sending you back to your origin)

d) it did not result in a criminal record

Put something like 'Overnight transit visa in UK denied due to incorrect documentation check by airline '  and the outcome as ' Held overnight until next available flight to destination, and then escorted to aircraft. No arrest, no charges'

 

 Enjoy waving your US passport at LHR immigration next time.

Thank you very much for the headsup!!! your comment really made me breeth :) the reason why the "incorrect documentation check by UK airline" was actually the UK border officer which the UK airline here in the US called UK heathrow to confirm it, and UK officer said on the phone: "yes he can legally come, I clear the way for him", but then once in UK and the officer asked me what's the officer name? she was asstonished when I told her his name! she was like:" hey guys, it's actually true, he even knows his name!" she confirmed with him and he indeed said it. ONLY then she gave me option to apply on the spot for a transit visa and after several hours got rejected. she said I can't spend the night inside the airport, it's better to go to that kind of center/jail for detainees.

 

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6 minutes ago, Going through said:

Detainment under the circumstances you outlined above should not have an affect on your application.  Just make sure to disclose it and include a short attachment outlining what happened.

Thank you for releafing my soul :) for real this freaked the heck out of me!

"Just make sure to disclose it"... you mean to only answer question # 23 by YES ? 

if so, I back up my YES answer by just attaching a peace of paper explaining what happened + visa "rejected" decision paper? 

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1 minute ago, piko said:

Thank you for releafing my soul :) for real this freaked the heck out of me!

"Just make sure to disclose it"... you mean to only answer question # 23 by YES ? 

if so, I back up my YES answer by just attaching a peace of paper explaining what happened + visa "rejected" decision paper? 

Yes and yes.  You don't need to include the visa rejected paper---but if you do, keep a copy for your own records.

Edited by Going through

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4 minutes ago, Going through said:

Yes and yes.

Ok great! and what about when you said: "Do you have any documentation upon your release the next day stating how long you were detained, the date, circumstances, etc" 

you mean to request a copy of my FOIA from the UK visa immigration office which will contain any detaintement and anything about me. any thought about this? or no need for it?

Edited by piko

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