N-400 (USC) vs I-485 (LPR) possible issue?

J.O.E

New Member
Greetings -)

I've completed & sent in my N-400 & waiting to be interviewed at some point. Anyhow, after reviewing my passed I-485 application which was handled through a paralegal, I am troubled that it might be a concern during the interview should it come down to it. Some quick details as to the issue:

I-485 >> Part 3. Processing information > 1. b. Have you ever, in or outside the United States: been arrested, cited, charged, indicted, fined or imprisoned for breaking or violating any law or ordinance, excluding traffic violations? -No-

N-400 >> Part 10. Additional Questions > D. 16. Have you ever been arrested, cited, or detained by any law enforcement officer (including USCIS or former INS and military officers) for any reason?-Yes-

When did this happened? Well, the incident in question was 15yrs. before my I-485 application back when I first came over here. At that time, I was moving from one state to a new one with my guardians. In the process, we had to go through a Border Checkpoint b/c of the route they chose to take. Upon inspection, I had to wait/spend 30mins while the officer was trying to determine what my current situation was... obviously, I had overstayed my tourist visa at that point & was considered an illegal(?). Also, the only ID I had was my renewed passport since my old one I entered with was lost/stolen so the officer had nothing to go by & called me inside to answer some questions. I told him exactly what happened & where/when I entered. After much discussion with other officers & a couple of phone calls later, he told me I could leave to my new home state & that I must report to INS there of my new address. He also kept my passport which was forwarded to INS in that new state...

To the point as it currently stands... did I or the paralegal answered the I-485 incorrectly since I know that I did it correctly on the N-400? If so, what can I do now or should I do during the interview if it comes up??
Honestly, I wished I looked over that I-485 more carefully before signing it & having that paralegal sent it in... nothing, but water under the bridge at this point -(
 
Is that checkpoint incident the only reason you answered YES to that question on the N-400?

If yes, you have nothing to worry about. Notice that the N-400 and I-485 don't ask exactly the same question. The I-485 asks about "arrested, cited, charged, indicted, fined or imprisoned", while the N-400 asks about "arrested, cited, or detained". That time you were held at a checkpoint for a few minutes was not "arrested, cited, charged, indicted, fined or imprisoned", so it was correct to answer NO on the I-485.

It may have counted as being "detained", which is included in the N-400 question about "arrested, cited, or detained", so it's not inconsistent to answer YES to this on the N-400 and NO to the I-485 question.

It's also debatable whether that incident counts as "detained", so you may have been able to legitimately answer NO, but you already answered YES and the interviewer will probably want an explanation. So say that you were stopped at a border checkpoint back in the year 199x and released after 30 minutes. If the interviewer doesn't think that counts as detained, they can change the answer to NO.
 
A delay in entrance does not count as being "detained" as one could withdraw the application for entry and leave the US. If one was truly detained one would not be able to do this.
 
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