Detained or Not Detained...that is the Question

[visaqueries 111]

Last year (2016) my husband and I drove across the Canadian border (in our own car if that matters)...leaving through Sault Ste. Marie and reentering three days later through Detroit.  When we entered for inspection, the officer had us park and go into the office while they inspected our car.  We were asked a few questions, it was very friendly, and within a half hour we were released.  It looked as if they didn't even inspect our vehicle.  Then this summer (2017) we went to Japan.  On our way back...through LAX...the officer pulled my husband aside because it was noted that he was held in Detroit coming across the Canadian border.  He sat in a room for 15 minutes then was dismissed.  I had to sit outside and wait for him.  Additionally, my husband received a speeding ticket about two months ago.  We gave it to our attorney, he went to court for us, and the ticket was changed to a "failure to register vehicle" charge instead of a speeding ticket (no points...insurance doesn't go up).

 

Are all three of those instances considered being detained (needing to be noted on the application)?  If so, we could probably go to the county involved and receive the information regarding the speeding/registration ticket (though it is less than $500 and might not be needed).  If the other two instances are indeed being detained...what kind of documentation would we need if any?  

 

We will most likely send in our Naturalization application at the beginning of March.

 

 

[Hypnos 6,576]

Interesting questions. 

 

I'd be inclined to list them all (the first two at least) on the N-400, but be aware that USCIS will then require an official letter from the agency in question stating the final outcome of your encounter(s). 

Edited December 23, 2017 by Hypnos

[visaqueries 111]

Does that mean we would have to contact the agency in Detroit AND the agency at LAX to ask them for an official letter?  Or, is there a form you can fill out if the border patrol stops you?  Looks like we'll be doing some research prior to applying...bummer.

[visaqueries 111]

Maybe this site is what we need???  https://www.cbp.gov/site-policy-notices/foia/records

[Hypnos 6,576]

That would be where I would begin, yes.

[visaqueries 111]

Okay, thanks.  I have submitted the request!

[Tom_Jim 40]

Technically, yes, he was detained on both examples you provided. The litmus test for detention is always as follows: 1) were you free to leave on your own without having to ask them?  If no, then you were detained. 

 

FWIW, you can always ask LEOs and customs officer if you are being detained so there's no ambiguity. 

 

 

[visaqueries 111]

I would say we weren't free to leave until after they finished the secondary inspection--as they were supposedly looking at our car.  At the Detroit border, there were two lines of cars.  The first line was going through quickly.  The second line was ours.  Every car in our line opened their trunk and seemed to wait a bit longer than those from the first line.  I'd say several cars from our line were asked inside.  Once inside, the customs officers were quite friendly.  They called my husband (and me) to the desk.  They asked my husband what he did for a job.  They asked a few other general questions...address, phone number...  I think they asked me a few questions too, but I was obviously not the reason we were inside the building :).  We talked about our trip to Niagara Falls with them (mentioning we did not cross the border into the US to view the Falls from that side), and due to a Canadian holiday at that time, they joked with us about all the holidays that seemed to happen in Canada.  There were probably 4 officers who joined in the conversation.  As soon as that was done, they told us we were free to go.  Every paper and article of clothing in our car was in the same place, so I felt like they didn't do a deep inspection of our car.  (If I'm not giving just the facts, my impression was the guy outside was in a bad mood and scrutinizing all the people in his line.  I would also say that as I heard the chatter of the officers around, it appeared that my initial thoughts were confirmed.  They seemed to be talking about him.  All that is speculation and assumption on my part..and in the end doesn't really matter anyway.)

 

When we entered through LAX, my husband went into a room while I waited outside.  He said no one talked to him or asked him any questions.  There was someone in there who got on the phone, and once she ended the call, she welcomed my husband to the US and sent him on his way.  My husband did not know if the conversation on the phone was regarding him or not, but he felt like it could have been.  That situation took about 15 minutes.

 

With the uncertainty of how an interviewer might feel about these situations during naturalization (yes detained, but not really OR yes detained, and why isn't it on your form), we just want to get the forms as correct as we can.  At any rate, we requested the CBP FOIA to see what the report says.  Hopefully there will be some pertinent information on the paperwork we requested to let us know if we were considered detained or not.  We did not think to ask at the time if we were being detained or not.