sent back on plane at airport + N400 question

[vioinlove 0]

Hi all

I hope someone can help me, esp one that has had to deal with overstay, waiver (waiver approved, got visa ) and now filing N400 to become a citizen.

This scenario was before I got my visa and green card.

If I had previously overstayed in the US and tried to enter the US again, but was refused entry at the airport, held there until there was a flight to fly me back to Europe, what should I answer to this question in the N400 form..it goes like this:

16.have you ever been arrested, cited or detained by any law enforcement office ( including USCIS or former INS and military officers ) for any reason?

should I say yes or no??

Thank you so much for you help.

[NickD 203]

Surprised you even got that far, when we left Caracas with my wife's expired green card and one year extension with a Venezuelan passport, they wouldn't even let her board the plane until she showed that. So much nicer now with a US Passport.

I really don't know if you broke any laws or not, you were just told no, you can't come in, go back. Could explain with your application, you didn't know any better, thought you were okay since they did let you board the plane, but when you got here, they sent you back. I don't know, good question for an immigration attorney.

[Italian_in_NYC 259]

Surprised you even got that far, when we left Caracas with my wife's expired green card and one year extension with a Venezuelan passport, they wouldn't even let her board the plane until she showed that. So much nicer now with a US Passport.

I really don't know if you broke any laws or not, you were just told no, you can't come in, go back. Could explain with your application, you didn't know any better, thought you were okay since they did let you board the plane, but when you got here, they sent you back. I don't know, good question for an immigration attorney.

It's so much easier with a European passport.

Almost all EU citizen don't need a visa to get into the US as tourists. All you need is a return ticket.

So at the departure point they couldn't possibly know about the OP's previous overstay.

However, the OP should answer YES to that question and YES also to "have you ever been deported" question, because he has been deported.

[NickD 203]

Surprised you even got that far, when we left Caracas with my wife's expired green card and one year extension with a Venezuelan passport, they wouldn't even let her board the plane until she showed that. So much nicer now with a US Passport.

I really don't know if you broke any laws or not, you were just told no, you can't come in, go back. Could explain with your application, you didn't know any better, thought you were okay since they did let you board the plane, but when you got here, they sent you back. I don't know, good question for an immigration attorney.

It's so much easier with a European passport.

Almost all EU citizen don't need a visa to get into the US as tourists. All you need is a return ticket.

So at the departure point they couldn't possibly know about the OP's previous overstay.

However, the OP should answer YES to that question and YES also to "have you ever been deported" question, because he has been deported.

Not sure if I would use the word, deported, refused entry would be more accurate and less incriminating. It's very difficult to get a visa from either Colombia or Venezuela to come here, interesting to learn you don't need one from Europe.

[Italian_in_NYC 259]

Surprised you even got that far, when we left Caracas with my wife's expired green card and one year extension with a Venezuelan passport, they wouldn't even let her board the plane until she showed that. So much nicer now with a US Passport.

I really don't know if you broke any laws or not, you were just told no, you can't come in, go back. Could explain with your application, you didn't know any better, thought you were okay since they did let you board the plane, but when you got here, they sent you back. I don't know, good question for an immigration attorney.

It's so much easier with a European passport.

Almost all EU citizen don't need a visa to get into the US as tourists. All you need is a return ticket.

So at the departure point they couldn't possibly know about the OP's previous overstay.

However, the OP should answer YES to that question and YES also to "have you ever been deported" question, because he has been deported.

Not sure if I would use the word, deported, refused entry would be more accurate and less incriminating. It's very difficult to get a visa from either Colombia or Venezuela to come here, interesting to learn you don't need one from Europe.

It's 35 countries on the Visa Waiver Program.

Most of EEA, plus Japan, Australia, New Zealand, Singapore, and South Korea.

http://travel.state.gov/visa/temp/without/....html#countries

[Italian_in_NYC 259]

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Edited September 1, 2009 by Italian_in_NYC

[Pwl 0]

Hi all

I hope someone can help me, esp one that has had to deal with overstay, waiver (waiver approved, got visa ) and now filing N400 to become a citizen.

This scenario was before I got my visa and green card.

If I had previously overstayed in the US and tried to enter the US again, but was refused entry at the airport, held there until there was a flight to fly me back to Europe, what should I answer to this question in the N400 form..it goes like this:

16.have you ever been arrested, cited or detained by any law enforcement office ( including USCIS or former INS and military officers ) for any reason?

should I say yes or no??

Thank you so much for you help.

here is what I think

1. you were not arrested then no

2. i wouldn't say that you were cited so no

3. detention - what happened to you after they told you that you can not enter? If they locked you up in a separate room then yes. if they told you to go and sit on some bench and wait for your next plane then no.

Whether you answer yes or no you should attach separate sheet with explanation to question 16 describing the whole incident and that you werent sure whether denial of entry would be considered detention.

IMHO

[Tygrys 143]

It's so much easier with a European passport.

Almost all EU citizen don't need a visa to get into the US as tourists. All you need is a return ticket.

So at the departure point they couldn't possibly know about the OP's previous overstay.

However, the OP should answer YES to that question and YES also to "have you ever been deported" question, because he has been deported.

WRONG. Refusal of admission is not deportation. AND it also happens to EU citizens, those on VWP or with visa.

[vioinlove 0]

Thank you for your help.

16.have you ever been arrested, cited or detained by any law enforcement office ( including USCIS or former INS and military officers ) for any reason?

I guess I should answer YES to the question then. I wasn't allowed to leave the airport, they held me in a room until there was a flight back to Europe. I think that is detention??

[NickD 203]

Thank you for your help.

16.have you ever been arrested, cited or detained by any law enforcement office ( including USCIS or former INS and military officers ) for any reason?

I guess I should answer YES to the question then. I wasn't allowed to leave the airport, they held me in a room until there was a flight back to Europe. I think that is detention??

I would have to go back over five years to remember all this stuff, but am also sure these same questions were asked in the AOS forms. Apparently you got your AOS and maybe even had to go through the I-751 as well. Can only wonder how you dealt with this issue back then and why is it an issue now.

[Italian_in_NYC 259]

It's so much easier with a European passport. Almost all EU citizen don't need a visa to get into the US as tourists. All you need is a return ticket. So at the departure point they couldn't possibly know about the OP's previous overstay. However, the OP should answer YES to that question and YES also to "have you ever been deported" question, because he has been deported.

WRONG. Refusal of admission is not deportation. AND it also happens to EU citizens, those on VWP or with visa.

OBVIOUSLY it happens mostly to VWP passengers since they don't have to go through the visa process.

It doesn't mean that they can overstay.

It happened to one of my friend's mother. She overstayed 2 days once because she got sick and after a year she was deported at JFK, or refused admission.

[Krikit 1,165]

These are two different terms. Deported is not the same as refused entry. You have to already be in the country to be deported. When they won't let you into the country to begin with, that is not deportation.

[furiousng 2]

Hi all

I hope someone can help me, esp one that has had to deal with overstay, waiver (waiver approved, got visa ) and now filing N400 to become a citizen.

This scenario was before I got my visa and green card.

If I had previously overstayed in the US and tried to enter the US again, but was refused entry at the airport, held there until there was a flight to fly me back to Europe, what should I answer to this question in the N400 form..it goes like this:

16.have you ever been arrested, cited or detained by any law enforcement office ( including USCIS or former INS and military officers ) for any reason?

should I say yes or no??

Thank you so much for you help.

Yes. Attach a separate sheet detailing the situation. All the best!!!

[jeangab75 0]

I would not hide it and answer YES to question 16 with an explanation in a separate sheet of paper.

It might be nothing but it's somewhere on file on their computers.

Afterward, during the interview you will be under oath and the IO will ask you to certify that your answers in the document are nothing but the truth. If you say yes and they find out that it is not the case, you'll be in big trouble. Perjury (lying under oath) is a Felony and if convicted I don't think you will ever be able to apply for citizenship. I even believe that it is possible that you might loose your Green card Status if convicted.