IMM5669 should I mention detention center experience in this form

[tugceyunus]

In IMM5669, under Section B: Questionnaire
the 2. question is: Have you or, any of your family members listed in this application, ever been convicted of or are currently charged with, on trial for, or party to a crime or offence, or subject of any criminal proceedings in any other country or territory?

I am the sponsor and my husband is the PA. We apply under spousal sponsorship that are living together in Canada. The thing is that, 1 year ago my husband left our country to migrate to the U-S passing from Mexico and he was detained in the Louisana-Texas detention center for 3 months. Then when he was released, he came to Canada and now has a 'refugee claimant' status. My question is, should he answer ''yes'' to the above question ?

Also question 10:
10. Have you or, any of your family members listed in this application, ever been detained, incarcerated or put in jail?

 

[armoured]

My understanding is that being detained at US border is not under a criminal statute and is therefore considered an administrative infraction. The moreso if the person crossed at a border and made an asylum claim - nothing illegal in that.

Clearly he was detained but not in jail.

But regardless of that: to both questions, include a letter of explanation. Be completely open about all of this information, IRCC will get it from the USA anyway. Which is to say, if you make sure to explain and be open, the specifics about the questions above will matter less. I would include in this stating that you don't believe his detention on crossing of the border and making an asylum claim in USA constitutes or signals an offence or crime. But here is the info.

Likewise for 10: he was detained and held in an immigration facility, but you don't believe that consittutes being incarcerated or put in jail.

So for the questions I would answer no to the question about crime or offence but yes to the detained question. I do not claim to know for certain, but again underline: be as open as possible.

 

[tugceyunus]

My understanding is that being detained at US border is not under a criminal statute and is therefore considered an administrative infraction. The moreso if the person crossed at a border and made an asylum claim - nothing illegal in that.

Clearly he was detained but not in jail.

But regardless of that: to both questions, include a letter of explanation. Be completely open about all of this information, IRCC will get it from the USA anyway. Which is to say, if you make sure to explain and be open, the specifics about the questions above will matter less. I would include in this stating that you don't believe his detention on crossing of the border and making an asylum claim in USA constitutes or signals an offence or crime. But here is the info.

Likewise for 10: he was detained and held in an immigration facility, but you don't believe that consittutes being incarcerated or put in jail.

So for the questions I would answer no to the question about crime or offence but yes to the detained question. I do not claim to know for certain, but again underline: be as open as possible.

thank you so much for your answer, this was really helpful!!

 

[armoured]

thank you so much for your answer, this was really helpful!!

I just read my first sentence or two there and should noe I'm not sure that crossing as your partner did is an infraction at all.