N400 question-have you ever been detained by a law enforcement officer?

[mspencer 0]

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?

[*JG* 2]

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.

[Nagishkaw 510]

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

Edited May 28, 2008 by Nagishkaw

[YuAndDan 153]

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

[NickD 203]

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.

[motu 6]

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

[rclouse 0]

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

[sparkofcreation 0]

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.)

[NickD 203]

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?

[kmineo 0]

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.

[NickD 203]

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.

[*JG* 2]

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.

I agree with this completely.

Some people are way too literal about everything.

[Jenn! 918]

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.

[kmineo 0]

[

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?

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.

Edited May 29, 2008 by kmineo

[saby 0]

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

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?