Published on Lawyers.com and the Epoch Times on October 3, 2014

Q & A 1. 2. 3. 4.

Q&A 1.

Can I Re-enter the U.S. After Deportation Due to a Felony Conviction If My Mother is Terminally Ill?

I was deported to Ghana in November of 2013 for having a non-violent felony conviction. I am 43 years old and lived in the US since 1971. My mother, who is a naturalized US citizen, is terminally ill. How can I re-enter the US to see her before she passes or attend her funeral? She has been deemed terminal by two doctors and been told she has no more than 6 months to live. All my siblings are naturalized and live in NYC and Westchester.

Mr. Lee answers:

Although you may have a felony conviction, you may be eligible for a visiting visa to see your mother before she passes or to attend her funeral. You would have to apply for the visiting visa and on being refused, request a waiver to allow you to enter the U. S. for that certain purpose. If the consular officer agrees, he or she will send a recommendation that the waiver be granted along with all the relevant papers to U.S.C.I.S., which will make the final decision as to whether to grant the waiver or not. 

Q&A 2.

For a Student On an F-1 Visa, Must the CPT End Date Correspond to the End of Semester?

I am a F-1 student working full-time on CPT. My department adviser approved an end date three weeks after the end of the semester 5-30-14, but the International Student's Office will not allow an end date past 5-9-14, the last day of the term. I can't find this requirement anywhere on the ice.gov website. Is it legitimate?

Mr. Lee answers:

CPT is an integral part of the school curriculum giving credit to those who take it. Therefore it seems incongruous that CPT would extend further than the ending date of the semester. For work during the summer which does not give course credit but is related to the subjects that you are studying, pre-completion OPT would appear to be the more appropriate form of practical training. 

Q&A 3.

How Can I Perform Again in the U.S.?

I've been refused by Immigration yesterday. I was in transit in Detroit, on my way to Los Angeles where I was suppose to have a week holidays with my wife at some friend's place. I am a professional musician, internationally famous in my genre of music, and I accepted to play for free at a party in L.A, which is, apparently, not legal with my ESTA visa because the party was not free...so I can agree with that, and accept that I made a mistake...but how can I go and perform again in the U.S.? If I follow EXACTLY the procedure next time, will I enter the USA for sure or might I lose, again, the money of the flight ticket ? And last question, when I’m travelling now to other countries and fill their form, must I tick the "have you been refused by any immigration" for such a little mistake? How bad is it to have the deny stamp on my passport as I travel every week and everywhere ?

Mr. Lee answers:

It appears clear that an entertainer cannot play even for free before a paying audience under the visa waiver program or B-1 visa. The difficulty is that the ESTA application asks whether you have ever been denied a U. S. visa or entry. An affirmative answer would likely lead to refusal. Also the fact that you were refused created a record, further complicating any future attempts at entry without a visa. Most entertainers coming to the U. S. need to use the O or P visa to perform in the States. Some who are coming to perform at cultural events may apply for a Q visa. Those coming as part of a cultural program sponsored by his or her government before a non-paying audience where all expenses including per diem are to be paid by the home government may be eligible for a B-1 visa. That is also applicable to a professional entertainer participating in a competition for which there is no remuneration other than a prize and expenses. Insofar as your last question is concerned, while I am not in the position to tell you how to fill out visa forms for other countries or the consequences of filling out the forms properly for those countries, the best policy is usually to be truthful.

Q&A 4.

Can I Contest an Annulment in California Even Though I Signed Off for It?

Under pressure from my wife I signed off for an annulment in California citing impotence but now I am afraid it will affect the Green Card status that I have possessed for the last 5 years. I married for love but not out of deceit. Can you advise?

Mr. Lee answers:

For a green card holder who obtained status through marriage, an annulment is certainly worse than a divorce as the assumption is that the marriage was null from the beginning. That being said, U.S.C.I.S. may certainly listen to your side of the story as to the bona fide character of the marriage and why you signed off on an annulment instead of a divorce. 

Copyright © 2003-2017 Alan Lee, Esq.
The information provided here is of a general nature and may not apply to any particular set of facts or circumstances. It should not be construed as legal advice and does not constitute an engagement of the Law Office of Alan Lee or establish an attorney-client relationship.