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

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 ?

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Attorney answers 4


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.


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 construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.


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-client relationship is formed with you. Our aim is to provide general principles that may be useful to the Avvo community as a whole. You should seek individual legal advice pertaining to your specific factual situation, and the laws applicable to your jurisdiction. Moore & Moore Attorneys at Law --


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.

This is not legal advice. No attorney client relationship exists between us.

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