Asked in Criminal Law and International Law

Q: Good Morning I need some advice on an indictment that was dismissed in 2003. CR 93-588 LH, Document 74, 09-15-2003.

I have been living in Mexico for the past 25 or so years due to this indictment. I need to cross back into the U.S. for some legal matters due to the passing of my father. I only have my original birth certificate and baptismal certificate. Please inform me as to my status as far as crossing the border and what problems I may encounter. I am not interested in living in the U.S. as my family is here, children, grandchildren, and great-grandchildren, but need to clear things up with my dad's estate.

At one time, I had a U.S. passport and would also like to know the difficulties, if any, of attaining a new passport.

Thank you for your time and am looking forward to your answers,

Roberta J. Krhin

1 Lawyer Answer
David Luther Woodward
David Luther Woodward
Answered
  • International Law Lawyer
  • Pensacola, FL

A: You give no clue on which state held the indictment, but if it was truly DISMISSED it is probably long forgotten unless the NCIS computer remembers it. I would contact a lawyer in the state/county where the charge was to do some quiet inquiry on your behalf to determine the status because leaving the jurisdiction usually suspends the statute of limitation.

All That being said, you should be able to re-enter with the documents you have, but to be conservative you could apply to the nearest consular office or the American Embassy in Mexico City for the issuance of a passport. They do that all the time.

Did you apply for and receive Mexican citizenship? If you did, you are no longer a citizen of the U. S. because the only way a U. S. citizen can be dual is if he/she is born in a Country that says "once a XXXX, always a XXXX", and then is naturalized in the U. S. My wife is an example of that

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