N400 question-have you ever been detained by a law enforcement officer?

[motu 6]

I agree with this completely.

Some people are way too literal about everything.

I disagree - signed William Shakespeare

Edited May 29, 2008 by motu

[Boiler 45,517]

The N400 requires you to declare all your misdeeds, USA or elsewhere, caught or not.

[NickD 203]

The N400 requires you to declare all your misdeeds, USA or elsewhere, caught or not.

16. Have you ever been arrested, cited or detained by any law enforcement officer

(including USCIS or former INS and military officers) for any reason?

The context of the entire question is arrested, cited, or detained that infers a serious offense such as a felony or even a misdemeanor.

Being arrested is easy to understand, either you were arrested or not, cited a a citation is an official summons, especially one calling for appearance in court that is also easy to understand, either you were cited or not. That "or detained" is nebulous, it can merely mean being stopped for any number of lawful situations.

"Most traffic tickets are issued for traffic offenses called "infractions" -- including tickets for mechanical violations and most non-dangerous moving violations. Infractions do not usually carry the same stigma and penalties as serious criminal offenses. But certain traffic-related offenses are categorized as "misdemeanors" or even "felonies", and can result in more significant fines, loss of driving privileges, or even imprisonment.

Generally speaking in most states, a traffic violation becomes a misdemeanor or felony if it:

* Causes injury to a person or destruction of property, or

* Creates a real threat of injury to a person or destruction of property.

Going through a red light may be a misdemeanor in one state, for instance, but it becomes a felony if the driver maliciously hits another vehicle in the intersection and an occupant of that vehicle dies. In addition, some traffic offenses are defined as misdemeanors or felonies from the outset, such as driving with a revoked license, leaving the scene of an accident, or reckless driving.

People accused of these more-serious traffic violations are entitled to all constitutional protections provided to criminal defendants, including the right to a court-appointed attorney and a jury trial. Following is a discussion of traffic misdemeanors and traffic felonies.

Traffic Misdemeanors

The criminal justice system would quickly be overwhelmed if every minor breach of the law required a full criminal trial. Therefore, less egregious traffic violations are often treated as misdemeanors (although many minor traffic offenses are considered even less severe "infractions"). Misdemeanors are less serious crimes, generally punishable by a fine or incarceration in the county jail for less than one year. Although precise classifications vary on a state-by-state basis, common examples of traffic misdemeanors include:

* Driving under the influence of alcohol or drugs,

* Failing to stop at the scene of an accident,

* Driving without a valid driver's license,

* Driving without insurance, and

* Reckless driving.

Misdemeanor & Felony Traffic Offenses

For many of these violations, the driver will be taken into custody and required to post a bail bond, just as he or she would for non-traffic crimes. Incarceration sentences for misdemeanor convictions are less severe than sentences for felony convictions, and other potential consequences of misdemeanor convictions are also generally less harsh. For example, a person with a misdemeanor conviction on his or her record may, for instance, still be able to serve on a jury, practice his or her profession, and vote.

Traffic Felonies

Felonies are typically the most serious crimes in any system of criminal law, and felony traffic offenses are no exception. A standard definition of a felony is any crime punishable by more than one year in prison or by death. This means that a crime that has a sentence of only a fine or confinement in the local jail for a short period of time is not a felony. Often the offense itself is not labeled as a felony, but the punishment tells the public that the offense is a felony. On the other hand, state codes may label a crime a "gross" or "aggravated" misdemeanor but provide for a sentence of more than one year in the state penitentiary system, thereby ensuring that the so-called misdemeanor is treated as a felony in many respects. Examples of felony traffic offenses include repeat DUI/DWI convictions, certain "hit and run" offenses, and vehicular homicide.

A person convicted of a felony may have more restrictions on his or her rights than a person convicted of a lesser crime. In addition to longer prison sentences in harsher settings, in many jurisdictions felons cannot serve on juries. Often times, they also lose their right to vote or to practice certain professions, such as law and teaching. Felons may be prohibited from owning guns or serving in the military. And some states have a "three strikes, you're out" statute, which provides that a person who already has been convicted of two felonies may be sentenced to life in prison if he or she is convicted of a third."

Since my wife never even came close to any of the above, we answered no. But if you have doubts, either list it or get the advice of a good immigration attorney. Still wish this and other questions were more specific.

[Boiler 45,517]

You quoted the wrong question, try 15.

[NickD 203]

You quoted the wrong question, try 15.

From the latest USCIS N-400 download:

15. Have you ever committed a crime or offense for which you were not arrested?

Is that what you mean?

Kind of self incriminating, isn't it? I assume that also means, not getting caught.

[Boiler 45,517]

You quoted the wrong question, try 15.

From the latest USCIS N-400 download:

15. Have you ever committed a crime or offense for which you were not arrested?

Is that what you mean?

Kind of self incriminating, isn't it? I assume that also means, not getting caught.

Exactly, where would you start?

An impossible question to answer, well fully, in English law that would rule it out, but US law is another matter.

[NickD 203]

You quoted the wrong question, try 15.

From the latest USCIS N-400 download:

15. Have you ever committed a crime or offense for which you were not arrested?

Is that what you mean?

Kind of self incriminating, isn't it? I assume that also means, not getting caught.

Exactly, where would you start?

An impossible question to answer, well fully, in English law that would rule it out, but US law is another matter.

Well if it works, the USCIS can certainly catch a lot of criminals, and with the other questions they can catch spies, terrorists, people trying to overthrow the US government, Nazi's, etc. But unfortunately, this is only limited to a relatively few who are applying for US citizenship. Do these bad guys actually apply for US citizenship? And if they do, do they actually answer, yes to these questions?

[NickD 203]

Here is some free legal advice from an immigration attorney on traffic violations.

16. Have you ever been arrested, cited or detained by any law enforcement officer

(including USCIS or former INS and military officers) for any reason?

"Until recently you could answer 'no' to this question if it was a simple traffic violation. But because of some recent case law I'm now recommending to clients that they disclose their traffic violations and supply court records."

But this is just an opinion of this immigration attorney which was started from an opinion of the ticketing officer, the opinion of the judge that issued the fine, and also subjected to the opinion of the USCIS officer. Most of our infamous 5 to 4 votes from the supreme court are based on opinions and not law or facts, but they became law. The prime function of the supreme court is to interpret the law that was passed by congress that leads to two questions. Why can't our congress write laws that don't have to be interpreted? And rather than trying to interpret the law, shouldn't the court simply go back to congress and ask, what in the hell did you mean by this?

So what is your opinion on how this attorney suggested you answer question 16? Not that it counts, we have a ladder in this country and most of us are at the bottom of it, the higher you are, the more weight your opinion counts. Whether it right or wrong like this constant abortion issue.

Question 15 is further complicated by the fact that the country one came from has different laws than here, so you may have broken the law there that is not a law here or vice-versa.

[hanneelia 0]

On 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?

Does this include getting detained inside hong kong airport for bringing pepper spray by accident? They gave us a piece of paper but we can't find it anywhere as we didn't think this was something we would need in the future.

[Going through 5,671]

6 minutes ago, hanneelia said:

On 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?

Does this include getting detained inside hong kong airport for bringing pepper spray by accident? They gave us a piece of paper but we can't find it anywhere as we didn't think this was something we would need in the future.

The question is quite literal.....have you EVER been arrested, cited, or detained...

 

If you were detained, then that fits with the above wording.

[Ontarkie 14,225]

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