Jump to content
jujul

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

5 posts in this topic

Recommended Posts

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!

Share this post


Link to post
Share on other sites

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


Removal of Conditions Journey

3/3/2009 - Removal of conditions - sent off packet to CSC

3/5/2009 - I-751 received in CSC

3/9/2009 - Check cashed

3/20/2009 - Biometrics notice received (no NOA1)

4/2/2009 - Biometrics

4/9/2009 - NOA1 date (first undelivered one is 3/5)

4/3/2009 - Touch?

5/6/2009 - ROC Approval - 65 days

6/22/2009 - CRIS Card production ordered email

7/7/2009 - GC arrived!

Naturalization Journey

3/03/2010 N400 sent to Arizona Lockbox

3/15/2010 Check cashed

3/17/2010 NOA1

3/18/2010 - Biometrics notice sent

3/26/2010 Early biometrics done at an ASC different from the one assigned to (Original BIO date was 4/15)

4/30/2010 Yellow letter received and info from USCIS mil line they are working on my interview letter (6/17 appt)

5/1/2010 Text and email interview letter sen

5/6/2010 Interview letter received - scheduled for 6/17/2010 at 10:05am

6/17/2010 Interview appointment - PASSED

6/29/2010 US Citizen

Share this post


Link to post
Share on other sites

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.

Share this post


Link to post
Share on other sites

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 🤷‍♂️

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...