One of the questions on the N-400: have you ever been detained?

[brainiac 0]

Hi.

We would like to get my wife the US citizenship starting with the N-400. However, one of the questions on the form asks "If you have ever been arrested or detained by any law enforcement officer for any reason, and NO CHARGES WERE FILED send: an original official statement by the arresting agency or applicant court confirming that no charges were filed."

This seems to fit our situation. She was handcuffed and taken down to the magistrate who did not go through with the process. I.e., she was given a break.

So, my question is, is this something that we need to have documented? It seems if we send this in it would be detrimental to the process, but if we don't we would be running afoul of the law So, what should we do?

Thank you for any and all suggestions.

[Boiler 44,858]

Call me old fashioned, but how would you be handcuffed and not detained?

Pretty difficult to go about you business cuffed?

[nobbie 105]

Sounds like you must answer the question "Yes" and give them what they want. She was certainly detained.

[cdneh 3,112]

Yes. You need to incude it.

[Hypnos 6,576]

If she was simply detained and not arrested then you need include no documentation, you simply need to declare it. As I understand it, the IO can request evidence of it, but probably won't.

I asked this exact question a few weeks ago on AVVO: http://www.avvo.com/legal-answers/after-being-detained--but-not-charged-or-even-arre-1783076.html

[brainiac 0]

Ok. thanks for the replies. Looks like we will have to do this. How would anyone know by the way? I'm not suggesting not being honest, but is this something that is held in a database somewhere?

[Boiler 44,858]

NSA knows all.

[Hypnos 6,576]

They likely wouldn't know, but by not informing them it could be a hassle down the road. Probably not, but you never know.

[brainiac 0]

I need to include the note that says she was not "booked" in the documents list that we SUBMIT along with the N-400. This is different then when she gets to the interview.

Is there a proper form for this? Hypnos, thanks for your replies. Do you have a format? Is there a doc on this site? Or just something that says she wasn't "booked, fingerprinted etc.." into the detention center/jail and signed by someone in an authoritative position? Probably not a standard request anyways.

THanks

[Hypnos 6,576]

Again, if she was only detained you do not need to provide any documentation whatsoever, and need only check the Yes box for Part 11 Question 23.

It sounds as though there is some confusion as to whether she was actually arrested or not. Was she formally read her Miranda rights and told "You are under arrest for xyz"? Even if she wasn't formally booked in, I think she'd be considered as being arrested if those things happened.

You can likely obtain a document from the involved agency stating that no charges were filed, if you wished to cover all the bases (that's probably what I'm going to do).

Edited August 11, 2014 by Hypnos