Filling N-400 arrested, cited, or detained by any law enforcement officer?

[jujul 0]

Hi everyone!

 

I'm currently filling my N-400 online.

 

I came across the Part 12. Additional Information About You 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 forces) for any reason?

 

I have been found inadmissible to enter the US under the Visa Waiver program about 4 years before becoming a permanent US resident (I won the Green Card lottery)

 

Here is my inadmissibility : 

 

"INA: 212 (a) (7) (A) (i) (I) = Foreign nationals may be inadmissible if CBP believes the foreign national intends to remain in the US permanently but does not have a dual intent nonimmigrant visa nor an immigrant visa. 

Any immigrant at the time of application for admission who is not in possession of a valid unexpired immigrant visa, reentry permit, border crossing identification card, or other valid entry document required by this Act, and a valid unexpired passport, or other suitable travel document."

 

I was a Visa Waiver holder at the time , any other Visa holder found inadmissible under this INA  212 (a) (7) (A) (i) (I) risk of being banned from entering the US. It wasn't my case, I was welcome to come back with a tourist or any other type of visa.

 

I have been detained overnight because the next flight to my country was the day after. But I have not been convicted of any crime whatsoever. 

 

Do I respond yes or no to the question? "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 forces) for any reason?"

 

It happened before I became a permanent US resident, about 4 years before.
 

Thank you for your input as I'm not sure what to do!

[milimelo 4,165]

I’d still list it. You obviously overcame it since you were granted a green card through dv. 

[austex 42]

You have to list it.  Something similar happened to me - my now husband - was living here and I came for 3 months and  I left the USA to go to Canada but the homeland security wouldn’t let me back saying I was trying to stay - which is not true but under visa waiver you cannot defend yourself.  I was let back in under another visa.  My husband moved to Australia which we lived until 2013. I got my PR and now I have my citizenship but in my interview my IO asked and I told him and it was fine, but if you lie that is where you get yourself in trouble.

 

M.

[jujul 0]

Thank you for your input. I think it’s better to stay transparent and at the end of the day it didn’t prevent me to get my green card. I did disclose it in my green card application. At the interview it brought up some serious confusions but I ended up getting my permanent resident visa. 

 

It’s just that it is listed along with convictions, crimes, arrest etc ... and I haven’t been charged for anything. But I have been detained so I guess it goes under the question’s umbrella 🤷‍♂️

[visaquestions2018 10]

Put it on the application - just explain to IO if they ask during the interview. It shouldn't be a big deal.