Should i answer yes to question 21 part 10 on n-400

Asked about 2 years ago - Santa Ana, CA

i was in immigration custody before my court for 2 weeks many years ago , because of my visa was expire ....?
i don't know if custody count as jail or prison or not ?

Attorney answers (4)

  1. Giacomo Jacques Behar

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . You need to disclose your having been apprehended by USCIS or legacy INS and having being detained for 2 weeks prior to being released on bond. Read the instructions of that Section on Form N-400. I would answer "yes" then explain during the interview. USCIS will be aware of the whole episode anyway, and it won't harm your N-400 application, thus be truthful and disclose.

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be... more
  2. Raphael Samuel Moore

    Contributor Level 16

    3

    Lawyers agree

    Answered . The answer would be yes, followed by an explanation.

    Our replies to Avvo questions should not be considered specific legal advice to any individual, and no attorney-... more
  3. Sanjay Augustine Paul

    Contributor Level 10

    3

    Lawyers agree

    Answered . Disclose it. I would provide an explanation as some of my colleagues have suggested on a separate page to explain the situation.

    Best of luck,
    -Sanjay A. Paul, Esq.
    www.dreamlawca.com

    This is not legal advice. No attorney client relationship exists between us.
  4. Myron Russell Morales

    Pro

    Contributor Level 16

    3

    Lawyers agree

    Answered . A safe approach is to check yes and put an asterik next to the answer and write a note about situation on the form or on a separate sheet of paper.

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