Legal Question in Immigration Law in Florida

This is my mom�s story:

She came illegally to the United states on 1995 and voluntarily return to Honduras on 1999, while she was in Honduras she was affiliated to a political party which brought some problem in her life , so in fear of her life she came illegally again to USA but she was arrested crossing the border, she was afraid of returning to her country and apply for asylum, she was granted asylum, after a year she got her green card , and now after 5 years she wants to be a US citizen. Unfortunaly she was accused of assault on a child under 12 and assault on a woman, (which of she was innocent) she was arrested but she was not on jail just went give her part of the history, she went to court and at the end the process the judge dismissed the charges. Sorry for making it too long but I resume so you can get a better understanding of what is going on, so her concerns are the following:

1- She was illegally on the US between 1995 and 1999, she was not deported, she voluntarily leaved. Will this affect her application, in case that she had any deportation order back then?

2- On the second time that she came she was arrested crossing the border, and then she applied for asylum, there is a question on the n400 form that if she was ever arrested by an immigration officer , does this affect her application?

3- On the form N400 there is a question about if she was part of any party inside or outside of the US, when she put that she was part of a political party will that affect her application for citizenship? Even if that was the reason for her asylum.

4- On the moral character section of the form, ask about any arrest, like I mentioned she had the assault on a child under 12 but the case was dismissed she already have that record of the court. She was innocent and I don�t know in lawyer language what dismissed means. Will this be a problem for her application?

Thank you very much for taking your time to read this I appreciate your help , thank you very much.

Juan Melendez email: [email protected]


Asked on 10/08/10, 7:45 am

2 Answers from Attorneys
Luba Smal Smal Immigration Law Office

Dear Juan Melendez:

Any arrests must be disclosed. Any past or current affiliations with any political parties must be disclosed as well. She will be fingerprinted and the USCIS will obtain her criminal record from the FBI.

You mother should consult a god immigration lawyer to help her to prepare and submit the application for US citizenship. It wouldn't be possible for me to give a case-specific legal advice on a forum.

If you�d like to schedule a telephone or email legal consultation, need legal advice or help, please let me know and I�d be glad to help you. I am an immigration attorney and offer confidential consultations and legal help in matters of the U.S.A. federal immigration law to clients from all 50 States and internationally. Please email your inquiries at [email protected] and I�ll send you a Questionnaire. Office Telephone line is 1-402-210-2040 (please EMAIL first to schedule a consultation appointment with an attorney).

Note: The above response is provided for legal information purposes only and should not be considered a legal advice; it doesn�t create an attorney-client relationship. For more information or to schedule a consultation, please visit http://www.law-visa-usa.com/contact_us.html

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Answered on 10/13/10, 8:18 am
Latangie Williams Law Office of Latangie Williams, P.A.

I have submitted my response to your email account.

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Answered on 10/13/10, 8:45 am


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