Monroe, NC asked in Immigration Law for North Carolina

Q: Question for N-400 application

Hi, I'm unsure how to answer the following question: have I ever been in jail or prison?

I was previously arrested and released on bail a couple hours later. Based on this situation how should the question above be answered? Yes or No

Thank you in advance!

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4 Lawyer Answers
John Alexander Bates
John Alexander Bates
Answered
  • Immigration Law Lawyer
  • Bridgeport, CT

A: Answer yes and describe the situation.

Adan Vega
Adan Vega
Answered
  • Immigration Law Lawyer
  • Houston, TX

A: If you were arrested by the police and placed in a jail cell then you must respond to the question in the FORM N-400 with a "yes".

You will need to provide USCIS with a court disposition of the event.

Good luck to you.

Kevin L Dixler agrees with this answer

Kevin L Dixler
Kevin L Dixler
Answered
  • Immigration Law Lawyer
  • Chicago, IL

A: You may want to rethink whether to file for naturalization. Some offenses can result not only in your naturalization being denied, but followed by detention, and deportation proceedings.

A criminal conviction for immigration purposes is defined different as a matter of law. This means that some criminal attorneys, prosecutors and the court may encourage you to plead guilty to an offense for which only deportation is the outcome. As a result, I strongly recommend an appointment/teleconference with a competent and experienced immigration attorney as soon as possible.

An appointment will be a much better value should you be disqualified and subject to civil deportation proceedings, which seem criminal and oppressive in the way that hearings can operate.

The above is general information, not legal advice, and does not create an attorney client relationship.

Kyndra Mulder
Kyndra Mulder
Answered
  • Immigration Law Lawyer
  • Jacksonville, FL

A: Were you booked? If you were the answer is YES. You can explain and your records will show that it was for a few hours.

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