N400 with previous refused entry on VWP

[Texan86 0]

Hi,

 

I'm about to apply for naturalization (N400) based on the 3-Year married to USC option.

Before I became a permanent resident through my marriage, I accidentally overstayed on the VWP for one day and was denied entry to the US on my next VWP based visit.

 

The legal grounds for this denial were (as documented in my passport) [INA § 212(a)(7)(A)(i)(I)] and 8 CFR 217.4(a)(1): 

Quote

[INA § 212(a)(7)(A)(i)(I)] – This is the most common ground of inadmissibility applied under INA § 212(a)(7).  Any foreign national who seeks to enter the U.S. and remain here permanently, or who is suspected of seeking to enter the U.S. and remain here permanently, but who does not have the proper documents to demonstrate that s/he has authorization to do so, is inadmissible.

 

How do I answer the following questions on the N400 form correctly:

 

• 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 questioned and interrogated by an immigration officer at the airport in the US before I was officially denied entry and sent back with the next available flight. So I would assume to answer 'YES' on question 23.

 

 

• 33. Have you EVER been removed, excluded, or deported from the United States?
• 34. Have you EVER been ordered removed, excluded, or deported from the United States?
• 35. Have you EVER been placed in removal, exclusion, rescission, or deportation proceedings?

 

Because I was deemed inadmissible based on [INA § 212(a)(7)(A)(i)(I)] and 8 CFR 217.4(a)(1), I would answer 'Yes' on question 33 because I was excluded, correct? What should I answer on questions 34 and 35?

 

When I applied for my CR1 and later removed the conditions to get the IR1 (10-year card), I didn't have any problems due to this prior immigration incident and I always answered all questions truthfully and correctly. I also never had any other problems with the law and I don't see any other problems regarding my N400 besides this incident with the VWP.

 

Do you guys think this will affect my N400 (good moral character determination) and should I file N400 together with a lawyer?

 

Thanks for your help!

 

 

 

 

 

[Faith38 37]

Hi, if you're not sure my best bet consult a lawyer. I wouldn't take any chances especially now .