QUESTION

Me and my wife were charged with misdemeanor child abuse and the case was subsequently dismissed. Can we be inadmissible the next time we enter US?

Asked on Mar 25th, 2018 on Immigration - North Carolina
More details to this question:
Both of us attended classes for nurturing children. The charge was lodged because we had left our children home alone for 25 mins. Now the case is dismissed and we are in the process of expunging the record. Will we be inadmissible to the US after the dismissal and the subsequent expunging of the record?
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1 ANSWER

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
Since the case was dismissed, it is my opinion that you would not be inadmissible on your next entry to the U. S., especially if the circumstances are that you only left your children alone at home for 25 minutes. Please note, however, that many nonimmigrant visas are discretionary, and if you have to apply for one, the episode might be held against you. Please also note that you must disclose any arrests on visa applications. If you are applying under the visa waiver program, the question may be easier for as the ESTA application questions the seriousness of the arrest or conviction. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Apr 23rd, 2018 at 2:36 PM

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