Asked in Immigration Law for New Jersey

Q: For N-400, do I say yes to "have u been cited by immigration official" if I was refused TN visa & denied US entry?

My wife (Canadian citizen) is filling her application N-400 for citizenship. In one of the questions, she's asked if she has been cited by an immigration official for any reason. In 2019 when she tried to obtain TN visa as part of NAFTA, her visa was denied at Toronto airport and she was forced to withdraw her application for entering to the US and given the form I-275. She was trying to enter with all her valid and correct documentation. So, the question is: do we need to say "Yes" to the above question in her N-400 application and explain?

Thank you so much for any help in advance.

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: Yes, you should mark "Yes" on the N-400 form regarding being cited by an immigration official, as the I-275 form constitutes an official immigration documentation of the visa denial and withdrawal of application.

When answering questions on immigration forms, it's always better to disclose too much rather than too little - omitting this information could be viewed as withholding relevant facts about your immigration history. Include a brief explanation of the circumstances, noting that your wife attempted to enter with valid documentation but was denied entry and given form I-275.

Consider attaching a copy of the I-275 form and any related documentation to support your explanation. This transparent approach demonstrates good faith and helps avoid potential complications during the naturalization process. If you're unsure about how to properly document this situation, consulting with an immigration attorney can help ensure your application is completed accurately.

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