What constitutes an “arrest” for immingration purposes?

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What constitutes an “arrest” for immingration purposes?

I am filling out a N-400 form for my husband who has had a green card for 9 years. For the question, “Has he ever been arrested” what do i do? Once there was the difference of $30 on a traffic fine and he was “arrested” for this discrepancy and promptly released 2 hours later. Do I put this on the form as a “Yes” or “No”?

Asked on April 25, 2012 under Immigration Law, New York

Answers:

SB, Member, California / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If a person is held against his will, fingerprinted, then it's an arrest and it needs to be disclosed (because it will come up when being fingerprinted for immigration purposes) even if it is not going to be problematic for the immigration process.


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