Legal Question in Immigration Law in New York

It is imperative to review her charges related documents.

She should obtain copies of the arrest and court documents and take it to a qualified immigration attorney for review before she applies for naturalization.

In addition, copies of these documents will be required to be sent with her application to the USCIS.

Your wife will have to respond on the naturalization application that she has been arrested. However, before applying, she should have a copy of the court disposition or arrest record, and review it with an immigration attorney to determine if she is eligible for naturalization and any risks that may be involved with filing the application with USCIS.

Please note that content of this reply does not constitute legal advice or create an Attorney/Client relationship in the absence of an agreement for legal services/retainer with my office. This is just a place to start in deciding what to ask your lawyer.

I would need more information regarding your particular case before I can comment on it properly.

However, to be clear the question is always �have you ever been arrested�. This is what immigration will usually ask. Now your wife will have to decide what she intends to do.

You will either:

(a) tell them the truth, and provide them with an explanation for the arrest.

or

(b) put a lie on the form and be prepared to get in trouble. (This is not the right course)

Never lie on your application.

As for getting some king of paperwork in relation to her arrest, she can go back to the police station and get something in writing that states that the charges were drop.

Patricia Martin-Gibbons