Jailed in my home country for few hours without charges, what do I declare in N-400?

[TinyRick 1]

I lived in a totalitarian country before moving to the United States, and I have been wrongly jailed for few hours and then released with no charges being filed. I'm almost eligible now to file N-400 but I have few questions regarding this matter. 
After quickly looking through the N-400 form, I noticed that question 23 is asking if I've ever been arrested or detained by a law enforcement officer. Is this question limited to only US law enforcement officers? or does it include other countries as well? i.e. do I answer "yes" or "no"?

Also, questions 28 and 29 in part 12 are asking if I've ever been in jail. I'm assuming I have to answer "yes" for this one and provide an explanation, is that correct? Anyway, I already reported this incident when I applied for my immigration visa and it wasn't a big deal for them and I was only asked about it during my interview at the embassy. However, for the purpose of filing N400, what do I need to answer for the aforementioned questions?

Thanks.

[milimelo 4,486]

Those are EVER questions and it really does mean ever so answer accordingly. Other countries will of course apply - common sense. 

[Going through 5,671]

On 8/5/2017 at 4:31 PM, TinyRick said:

I lived in a totalitarian country before moving to the United States, and I have been wrongly jailed for few hours and then released with no charges being filed. I'm almost eligible now to file N-400 but I have few questions regarding this matter. 
After quickly looking through the N-400 form, I noticed that question 23 is asking if I've ever been arrested or detained by a law enforcement officer. Is this question limited to only US law enforcement officers? or does it include other countries as well? i.e. do I answer "yes" or "no"?

Also, questions 28 and 29 in part 12 are asking if I've ever been in jail. I'm assuming I have to answer "yes" for this one and provide an explanation, is that correct? Anyway, I already reported this incident when I applied for my immigration visa and it wasn't a big deal for them and I was only asked about it during my interview at the embassy. However, for the purpose of filing N400, what do I need to answer for the aforementioned questions?

Thanks.

You would have to answer YES  to being arrested since it covers being ever arrested, detained, etc.  You were arrested and detained, if even for a few hours, if even wrongly, if even there were no charges filed, if even in a different country.

 

You would have to answer YES to being in jail, since you were in jail (see above sentence for the rest).

 

For the purposes of the N400, you will also need to submit documentation regarding your above encounter from the police force/court that had jurisdiction in the area you lived in at the time of your arrest.  If you do not provide any sort of documentation, they will not approve you for citizenship until you do---it's a must.

 

It's not a big deal to the embassy when it comes to issuing visas---but not mentioning it/not providing documentation IS a big deal to USCIS when it comes to approving naturalization.

 

If you decide not to disclose it, for whatever reason, and USCIS finds out about it after---which is likely---you will be outright denied for misrepresentation of facts on your application.

[TinyRick 1]

45 minutes ago, Going through said:

You would have to answer YES  to being arrested since it covers being ever arrested, detained, etc.  You were arrested and detained, if even for a few hours, if even wrongly, if even there were no charges filed, if even in a different country.

 

You would have to answer YES to being in jail, since you were in jail (see above sentence for the rest).

 

For the purposes of the N400, you will also need to submit documentation regarding your above encounter from the police force/court that had jurisdiction in the area you lived in at the time of your arrest.  If you do not provide any sort of documentation, they will not approve you for citizenship until you do---it's a must.

 

It's not a big deal to the embassy when it comes to issuing visas---but not mentioning it/not providing documentation IS a big deal to USCIS when it comes to approving naturalization.

 

If you decide not to disclose it, for whatever reason, and USCIS finds out about it after---which is likely---you will be outright denied for misrepresentation of facts on your application.

Thanks for your detailed and helpful answer. Yes, I understand that I need to disclose this incident, and I obviously will. I just wanted some clarifications regarding this question. However, I don't have any sort of documentation related to this incident.

 

Like I said, I'm from a totalitarian country. It doesn't have embassies in the US, and even the government itself refuses to acknowledge that they've detained me since they just detain people randomly without a single piece of evidence. Do you think that will be an issue for naturalization approval?

[Going through 5,671]

10 minutes ago, TinyRick said:

Thanks for your detailed and helpful answer. Yes, I understand that I need to disclose this incident, and I obviously will. I just wanted some clarifications regarding this question. However, I don't have any sort of documentation related to this incident.

 

Like I said, I'm from a totalitarian country. It doesn't have embassies in the US, and even the government itself refuses to acknowledge that they've detained me since they just detain people randomly without a single piece of evidence. Do you think that will be an issue for naturalization approval?

Can you at least get a criminal background check in that country to show (hopefully) there are no outstanding charges/fines?

What was the actual charge,and how long ago was it if I may ask?  Some are taken "more seriously" than others for immigration purposes.

Edited August 6, 2017 by Going through

[TinyRick 1]

28 minutes ago, Going through said:

Can you at least get a criminal background check in that country to show (hopefully) there are no outstanding charges/fines?

What was the actual charge,and how long ago was it if I may ask?  Some are taken "more seriously" than others for immigration purposes.

When I was interviewed at the embassy, I was asked to provide a document for my criminal records and it was clean. I don't know if I can get another one, but if they do ask for another one, I'll need to ask some of my family members back in my home country if they can issue and send me one.

I was detained randomly at a check point and they claimed I participated in a protest against the government that happened nearby, and I was sent to a political prison. In my country, any form of protesting is strictly prohibited and punishable. Luckily, I was released the next day. That was approximately 6 years ago.

[Going through 5,671]

10 minutes ago, TinyRick said:

When I was interviewed at the embassy, I was asked to provide a document for my criminal records and it was clean. I don't know if I can get another one, but if they do ask for another one, I'll need to ask some of my family members back in my home country if they can issue and send me one.

I was detained randomly at a check point and they claimed I participated in a protest against the government that happened nearby, and I was sent to a political prison. In my country, any form of protesting is strictly prohibited and punishable. Luckily, I was released the next day. That was approximately 6 years ago.

They are going to want to see something...and at the very least proof of no outstanding criminal charges is better than you just saying "I was arrested wrongly, once, I didn't do it" (think of it from the interviewer's point of view).  Getting documents from another country isn't ever easy, believe me I know.  It was 6 years ago, at least it's out of the statutory period for your filing--which is a good thing.

 

Just be honest on the application in terms of how long  you were in jail for, what the charge was, what the end result of the charge was, etc.  And do try to at the very least get something from your home country to show you haven't been charged with anything else since then.  I would also suggest writing out a sworn affidavit that you cannot obtain records, or even a letter of no arrest record even existing for the reasons you have outlined here, and include that with your application.  Most likely, even with that, you will get an RFE asking for something from the police station...good luck, it's hard to say whether USCIS will accept having no documentation on it at all.  But at least the affidavit and the criminal background check will be better than submitting nothing at all.

[TinyRick 1]

27 minutes ago, Going through said:

They are going to want to see something...and at the very least proof of no outstanding criminal charges is better than you just saying "I was arrested wrongly, once, I didn't do it" (think of it from the interviewer's point of view).  Getting documents from another country isn't ever easy, believe me I know.  It was 6 years ago, at least it's out of the statutory period for your filing--which is a good thing.

 

Just be honest on the application in terms of how long  you were in jail for, what the charge was, what the end result of the charge was, etc.  And do try to at the very least get something from your home country to show you haven't been charged with anything else since then.  I would also suggest writing out a sworn affidavit that you cannot obtain records, or even a letter of no arrest record even existing for the reasons you have outlined here, and include that with your application.  Most likely, even with that, you will get an RFE asking for something from the police station...good luck, it's hard to say whether USCIS will accept having no documentation on it at all.  But at least the affidavit and the criminal background check will be better than submitting nothing at all.

I've still got some time before I'm eligible to file N-400. So in the meanwhile, I'll try to get the necessary documents and submit them with N-400.

Thank you so much. You've helped me more than I had hoped for. I truly appreciate your help.

[Going through 5,671]

11 hours ago, TinyRick said:

I've still got some time before I'm eligible to file N-400. So in the meanwhile, I'll try to get the necessary documents and submit them with N-400.

Thank you so much. You've helped me more than I had hoped for. I truly appreciate your help.

No problem...I understand the situation you're in, and yes it will take at least a month or so to get the needed documents squared away---so it's good you are starting now to track them down.  If you can, get more than one "original" or "certified copy" of everything you can....especially since you have to submit originals with a mailed application (if you file for the N400 online you can upload the evidence, which means you keep the originals to show at your interview---safer, in my opinion, since USCIS is notorious for losing things)  Keep in mind, too, you will need to have foreign documents translated should they not be in English (you can do the translation yourself if you are fluent in both languages, once you write and sign an affidavit of your own swearing to this).

Edited August 7, 2017 by Going through