Getting ready to file a N-400 application for my husband based on a 3-year rule and I'm really concerned about his previous immigration issues.
Here's the story:
my husband entered the country on a B-1 (business) visa, while the visa was still valid, he filed for asylum. In October 2005, he got a letter that while his case is pending, he need to come in and check with USCIS monthly. Case took forever and got denied in November 2005. He was not given an option of voluntary departure since he missed paying the $500 bond at the time of the asylum hearing (his attorney failed to communicate that he needed to pay). We got married in March 2005 and filed for AOS and I-130 in June 2005. In December 2005, we went in for the monthly USCIS check and he got arrested by ICE for deportation and placed in an ICE holding facility. While there, I went to the I-130 interview and it go approved, then we got a stay of deportation and finally his case got reopened and ultimately dismissed by the immigration judge. After the dimissal of his case, we filed for AOS again and he received his unconditional green card in April 2007.
The question:
will his issues with deportation affect his eligibility for naturalization? How do I answer questions regarding if he's ever been under deportation and if he's ever applied for a relief from deportation (I'm assuming we answer yes to both) in section 10 of N-400. Also, there is a question on whether he's ever been arrested (I'm assuming we answer yes) and then it says we need to provide court certified copies of his file. I'm not sure what kind of file we get and from whom? (USCIS or ICE). We do have an original order of case dimissal from the immigration judge.
I appreciate any help I can get.
Thank you.
Here's the story:
my husband entered the country on a B-1 (business) visa, while the visa was still valid, he filed for asylum. In October 2005, he got a letter that while his case is pending, he need to come in and check with USCIS monthly. Case took forever and got denied in November 2005. He was not given an option of voluntary departure since he missed paying the $500 bond at the time of the asylum hearing (his attorney failed to communicate that he needed to pay). We got married in March 2005 and filed for AOS and I-130 in June 2005. In December 2005, we went in for the monthly USCIS check and he got arrested by ICE for deportation and placed in an ICE holding facility. While there, I went to the I-130 interview and it go approved, then we got a stay of deportation and finally his case got reopened and ultimately dismissed by the immigration judge. After the dimissal of his case, we filed for AOS again and he received his unconditional green card in April 2007.
The question:
will his issues with deportation affect his eligibility for naturalization? How do I answer questions regarding if he's ever been under deportation and if he's ever applied for a relief from deportation (I'm assuming we answer yes to both) in section 10 of N-400. Also, there is a question on whether he's ever been arrested (I'm assuming we answer yes) and then it says we need to provide court certified copies of his file. I'm not sure what kind of file we get and from whom? (USCIS or ICE). We do have an original order of case dimissal from the immigration judge.
I appreciate any help I can get.
Thank you.
