N-400 Question Question 23 Detained??

[Ja&Jo 1]

I see this is a popular question!

 

Ok.  I'm stuck on question

23. Have you EVER been arrested, cited, or detained by any law enforcement officer (including any immigration official or any official of the U.S. armed forcr any reason?

 

I was crossing the border from canada to the US and brought into secondary questioning.  I was found inadmissible because I had overstayed my visa on my prior visit.  I was given a 3 yr ban from the US.   I know they have documentation of this because I had to apply for a waiver before doing my K2 Visa.  My question is secondary questioning considered detainment??  Do I answer yes to this?

[Jawaree 719]

The answer would be no, however I would note that I had been to secondary on the occasion, this they know

due to the waiver of course but the trick is will you come clean. its not an arrest but could fall under immigration

infraction....which is recorded....You can also call and ask an atty

[Ja&Jo 1]

5 minutes ago, Jawaree said:

The answer would be no, however I would note that I had been to secondary on the occasion, this they know

due to the waiver of course but the trick is will you come clean. its not an arrest but could fall under immigration

infraction....which is recorded....You can also call and ask an atty

would it fall under detained?

[Jawaree 719]

I dont think so, there are attys on the biorder that work on Canadians I 192 waivers ask one

[Highmystic 234]

1 hour ago, Ja&Jo said:

I see this is a popular question!

 

Ok.  I'm stuck on question

23. Have you EVER been arrested, cited, or detained by any law enforcement officer (including any immigration official or any official of the U.S. armed forcr any reason?

 

I was crossing the border from canada to the US and brought into secondary questioning.  I was found inadmissible because I had overstayed my visa on my prior visit.  I was given a 3 yr ban from the US.   I know they have documentation of this because I had to apply for a waiver before doing my K2 Visa.  My question is secondary questioning considered detainment??  Do I answer yes to this?

I think you will need to find out the "legal" definition of "detained".    If you were NOT allowed to leave the secondary questioning,  then were you not "detained"?  Even for a few minutes?    It is like the word "arrest",  if you are not free to leave the custody of the police, then you are under "arrest" even if they say, "no, we just want to detain you for questioning".  The legal definition is the key.    I personally, (given the fact that you were turned around and banned from the US for 3 years, ) would put it in, (with an explanation in the blank spaces) and let them decide if it was needed or not.  If it IS and you don't mention it, would it cause another problem?  Maybe let them decide if it was trivial or not.

[juliava 80]

Don't ovethink this. Enter the date of the incident in the form,  write a brief, one paragraph letter of explanation on a separate sheet of paper and attach any supporting documentation you might have. Let the IO determine whether you were detained or not. At the interview the IO would make the proper corrections on your n400 form if necessary. 

[nightingalejules 678]

I think you're getting good advice here.... I don't think that this technically qualifies as being detained/arrested/whatever, but if I were you I'd include it so that it doesn't look like you're trying to hide the fact that you were denied entry. 

 

Although, isn't there another question about that? I honestly can't remember. If there is, then probably say no to the "arrested" question and yes to the "denied entry".

[Ja&Jo 1]

On 4/15/2018 at 11:52 AM, juliava said:

Don't ovethink this. Enter the date of the incident in the form,  write a brief, one paragraph letter of explanation on a separate sheet of paper and attach any supporting documentation you might have. Let the IO determine whether you were detained or not. At the interview the IO would make the proper corrections on your n400 form if necessary. 

THANKS!!!

[Ja&Jo 1]

On 4/14/2018 at 4:24 PM, Highmystic said:

I think you will need to find out the "legal" definition of "detained".    If you were NOT allowed to leave the secondary questioning,  then were you not "detained"?  Even for a few minutes?    It is like the word "arrest",  if you are not free to leave the custody of the police, then you are under "arrest" even if they say, "no, we just want to detain you for questioning".  The legal definition is the key.    I personally, (given the fact that you were turned around and banned from the US for 3 years, ) would put it in, (with an explanation in the blank spaces) and let them decide if it was needed or not.  If it IS and you don't mention it, would it cause another problem?  Maybe let them decide if it was trivial or not.

thank you