Published on Lawyers.com and the Epoch Times on May 27, 2016

Q & A 1. 2. 3. 4.

Q&A 1.

Will I Ever be Allowed Back Into the U.S. After Pleading No Contest to An Offense?

Late last year I was traveling through LAX on my way to South America and I had a psychotic episode as a result of undiagnosed bi-polar and ended up on the LAX airfield. I was taken to prison and held for around 9 days before appearing in court. My lawyer said that I had to plead no contest to the charge of Trespassing on an Airfield and I did. I was then taken to a mental institution before a family member came and got me. Now I m wondering if I will be allowed to travel to the U.S again and how I should go about finding out. Should I apply for a visa?

Mr. Lee answers:

Pleading no contest to a charge of trespassing on an airfield would probably not bar you from the US I assume that such was only a misdemeanor or less. The question where a person has had a psychotic episode is whether he or she is a danger to himself or others. If yes, that would be a ground of exclusion. If no, then there would be no bar. Assuming that the trespass and psychotic episode would not make you excludable, the question is whether a consular officer in his or her discretion would give you a travel visa to come to this country or take steps to revoke an existing one. If you are in a visa waiver country under which you can just use your passport to enter instead of a visa, you would still have to have permission after disclosing the fact of the arrest on the ESTA application.

Q&A 2.

Immigration to America

I want to know if I can go to America because my father is a U.S Citizen. He died in the Philippines, but he was already a U.S Citizen when he married my mother and before I was born. He died in 1978, and I want to know if I have a chance of migrating to America and am I still considered a U.S Citizen? He was in the U.S Navy and married my Filipina mother in the Philippines.

Mr. Lee answers:

The law between 1952 and 1986 required that a US citizen parent be physically present in the US or possession for 10 years prior to the child's birth, five of which were after the age of 14, in order to pass US citizenship at birth. Honorable US military service can be included in the calculation of years. Assuming that you can prove the circumstances above, you would be a U. S. citizen. If so, you should contact the American Embassy to take steps to secure your citizenship. 

Q&A 3.

Can I Petition my Biological Mother After I'm Married Even if I was Adopted?

Mr. Lee answers:

Provided that you did not obtain your permanent residence in the US through your adoptive relationship, you might be able to petition for your biological mother as long as you have the adoption terminated. 

Q&A 4.

Trying to Get My Mother Back

My mother was deported and given a 10yr ban. The 10 years were up in December of 2014. I would like to do an I-130form in hopes of bringing her back. Since she's been deported are there any other forms or waivers I'd have to fill out? 

Mr. Lee answers:

When your mother is interviewed for the immigrant visa, she should have proof of the date that she left the U. S.; and proof of where she has been and what she has been doing ever since she left. I do note that consular officers have been known to ask for items which may not be tremendously relevant where prior deportations are concerned in the interest of caution, but where there is no fraud or criminal charge or other bar, no further forms nor waivers should be necessary.

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.