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Entered CBP Secondary Inspection? Then Question 22 on I-485 Should Be Answered 'Yes' for Detained — Xiaohongshu DP

tyyu11
tyyu11

4 weeks ago

A Xiaohongshu DP indicates that if you've been through CBP secondary inspection, Question 22 on the I-485 should be answered "Yes" for detained.

"13. They asked about Question 22. I answered that I had a speeding ticket, brought it out, was asked when it happened, and they looked at the ticket contents. 14. They continued repeating the previous question. I kept answering no. They asked, weren't you held in secondary inspection at customs? I said oh right, yes, I was held when entering with my combo card. They asked when it was, how long I stayed in secondary, and what questions I was asked at the time. Then they changed the answer to Question 22 to yes. The interviewer seriously explained that this counts as being detained."

Original post link

Previously on Reddit, someone was denied their I-485 because they had been through CBP secondary inspection but did not answer Yes to Question 22 to disclose it.

Employment-based I-485 denied solely as a matter of discretion—I-290B, refile, or consular processing? : r/USCIS

Forum discussion

Party member who has been abroad for over 5 years — I-485 directly denied due to DS-160 issue? - Law / Visa & Status (US) - US Card Forum

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快醒醒吧
快醒醒吧4 weeks ago

Does this actually depend on the port of entry? For example, at some airports CBP questioning takes longer, but there's no formal registration—does that count as detained, or does it only depend on whether a record was left?

EllaQin
EllaQin4 weeks ago

I'm a bit hesitant. The secondary room itself may just be secondary inspection, which doesn't necessarily equal being legally detained—what really matters is whether your freedom was restricted at the time and whether there was an official record. If the interviewer is asking you to change it to Yes just because you were sent to secondary, then many people will run into the same issue down the road. It's better to look at the individual case materials and how the immigration officer interprets it, rather than making a blanket judgment.

股海无边
股海无边3 weeks ago

The key is still to go by the records, not to fill things in based on gut feeling.