Las Vegas, NV asked in Immigration Law for Nevada

Q: I was detained at the airport, requested asylum and later on granted.

The question is for the Naturalization N-400 Application.

What do I answer to the question: have you ever been arrested?

When I applied for a permanent residency, my formar attorney advised me to answer No to this type of question.

Related Topics:
1 Lawyer Answer
Matthew Borowski
Matthew Borowski
Answered
  • Immigration Law Lawyer
  • Springfield, VA

A: Did you read the full question?

It says: 23. Have you EVER been arrested, cited, or detained by any law enforcement official (including any immigration official or any official of the U.S. armed forces) for any reason?

You just said that you were detained at the airport. You were probably detained by an immigration official. So the answer is yes.

The question on the I-485 is worded differently. It asks if you've ever been arrested for breaking a law. That would not cover being detained as an asylum seeker at the port of entry.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.