Should I be worried about this? (n-400 question)

[abc123! 0]

Hey Everyone,

A little background on me just in case it helps. You can skip to the next paragraph to read about my situation. I'm a 25 year old male, who's currently pursuing a Ph.D. in Chemistry. I've been living in the US for about 12 years, and I have had my green card since October of 2010. Before that I was on a G4 visa that I got through my father.

I apologize in advance if this is too specific of a case to give help. I've done a lot of research on the USCIS website about filling out the n-400 form, but I still have a nagging question about what to do regarding an incident that happened to me a while I was a junior in college. I was in the passenger seat of my own car while my girlfriend (at the time) was driving. It was late at night in a small town when she got pulled over for speeding (not sure but I think she was going 40 mph on a 30 mph or 25 mph). Once the officer came up to the window he said he smelled marijuana and told us to get out of the car. He said he was calling a nearby k9 unit to come sniff the outside of the car. The k9 showed up and signaled the officer, he then said he was allowed to search the car and immediately went for her purse that was under the seat. He found a small amount of marijuana in the purse, possibly a gram more-or-less, it was no where near the 30 grams that precludes one of admission to the US. He asked us who was the owner. She admitted it was hers, the officer arrested her and took her to jail for the night. He said I was free to go and did not give me any citations or charged me with anything. She was released without bail the next morning and was given a court date. She showed up to court but her arresting officer did not so her charges were dropped.

So to recap, my then girlfriend was pulled over for slight speeding and then arrested for first time possession of a small amount of marijuana while driving my car with me in it. Her charges were dropped since her arresting officer did not show up to court. I was not arrested, cited, or charged with anything. I am not sure if I was considered detained.

I know this is a very specific scenario and it probably does count as being detained. But since I was not cited or arrested, and was just a passenger, how should I go about this? Do I mark yes on the question that asks about being detained and then explain the events on a separate piece of paper? Do I mark no? If I mark yes do I need proof of what I say and how do I go about obtaining it?

I appreciate any help/clarifications on how to fill the n-400. I feel like I am just overly worried but I would hate to make a mistake and have to deal with it later.

[GaRaS 10]

Answer it No.

[Cheezees 1,514]

You were not detained.

[Starkilla09 366]

No you were not detained. No worries.

[abc123! 0]

Hi Guys,

Thanks for the responses so far. That is what I am leaning towards, but the legal definition of detention keeps me hesitant. The worry is that when they do their background check, they will find a report with my name on it, even if it's just as a passenger.

Does anyone know how I could go about finding out about that first? Can I just call the police department and ask about it?

Thanks again.

[Stevephoto 230]

Hi Guys,

Thanks for the responses so far. That is what I am leaning towards, but the legal definition of detention keeps me hesitant. The worry is that when they do their background check, they will find a report with my name on it, even if it's just as a passenger.

Does anyone know how I could go about finding out about that first? Can I just call the police department and ask about it?

Thanks again.

You were not driving. You were not pulled over. Your then girlfriend was detained (you were "detained" because you happened to be there, but you were not the "person of interest.") Charges were dropped against you then girlfriend anyway. I understand that you are concerned, but the issue was with your girlfriend, not you. I suppose you could call the county clerk or someone to see if or how your name is in the system, but why stir up a possible hornets nest. The question is "were YOU ever detained....." No, your girlfriend was. FWIW, you would not need to report a minor traffic violation (I know, the MJ moves this from a traffic violation into a different category--for your ex-girlfriend) if it did not lead to an arrest or a fine greater than $250.00 (I think). Relax and good luck.