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AV Preeminent Peer Rated Attorneys
Orange County Residents, consider several factors when selecting a lawyer ... Learn More
AV Preeminent Peer Rated Attorneys
Orange County Residents, consider several factors when selecting a lawyer including their experience, expertise, and reputation. AV Rated Attorneys represent a distinguished group of lawyers who have received top ratings from their peers for their exceptional ethical standards and an A grade (4.5 or higher).
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The average lawyer rating is created by peers based on legal expertise, ethical standards, quality of service, and relationship skills. Recommendations are made by real clients.

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Commonly Asked Immigration Questions From Users Near You

This information is not legal advice and is not guaranteed to be correct, complete or up-to-date. It is provided for general informational purposes only. If you need legal advice you should consult a licensed attorney in your area.

Will I have a problem re-entering the USA?

Answered by attorney Alan Lee
Immigration lawyer at Alan Lee Arthur Lee, Attorneys at Law
I assume that you will be returning to the country under the visa waiver program. If you already have permission and do not have to apply again for ESTA, you would likely not have issues with your reentry. If you require permission again, however, you might not be allowed back into the US under the visa waiver program. Under such situation, you might have to apply for a visitors visa to the US at a US consulate or embassy and explain the situation of your arrest. The consular officer would then make a decision as to whether to grant the visa. Customs and Border Protection personnel would generally respect a consular decision. 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.
I assume that you will be returning to the country under the visa waiver program. If you already have permission and do not have to apply again for ESTA, you would likely not have issues with your reentry. If you require permission again, however, you might not be allowed back into the US under the visa waiver program. Under such situation, you might have to apply for a visitors visa to the US at a US consulate or embassy and explain the situation of your arrest. The consular officer would then make a decision as to whether to grant the visa. Customs and Border Protection personnel would generally respect a consular decision. 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.
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Will past offenses affect my citizenship application?

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Answered by attorney David H Stoller (Unclaimed Profile)
Immigration lawyer at Stoller & Moreno, P.A.
My recommendation is that you seek the advice of a qualified immigration attorney. From your description, the more recent problem with marijuana is the more troubling, especially because it would appear to have occurred during the period for which you must establish that you are a person of good moral character. Keep in mind that cases which result in no action or even in the dismissal of charges after completion of a diversion program can still be used by CIS in determining whether you meet the good moral character requirement. CIS has become increasingly more and more difficult about approving cases where there is any problem suggesting any lapse of judgment questioning one's character. So best advice is to find someone who is qualified to discuss the concerns with you and who can provide some guidance on the possible issues that you may face in submitting the Form N-400. This case doesn't look like an absolute no. Instead an understanding that you may face issues with review of the case. Find someone good and you will be rewarded many times over by being placed in a position to make an informed decision.
My recommendation is that you seek the advice of a qualified immigration attorney. From your description, the more recent problem with marijuana is the more troubling, especially because it would appear to have occurred during the period for which you must establish that you are a person of good moral character. Keep in mind that cases which result in no action or even in the dismissal of charges after completion of a diversion program can still be used by CIS in determining whether you meet the good moral character requirement. CIS has become increasingly more and more difficult about approving cases where there is any problem suggesting any lapse of judgment questioning one's character. So best advice is to find someone who is qualified to discuss the concerns with you and who can provide some guidance on the possible issues that you may face in submitting the Form N-400. This case doesn't look like an absolute no. Instead an understanding that you may face issues with review of the case. Find someone good and you will be rewarded many times over by being placed in a position to make an informed decision.
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Adjustment of status

Answered by attorney Alan Lee
Immigration lawyer at Alan Lee Arthur Lee, Attorneys at Law
If you are illegally in the country and entered the U. S. by December 31, 2011, you may be eligible for legalization if and when comprehensive immigration reform passes. If you overstayed a visa and did not enter by that date, you might still find some way to immigrate in the future like through bona fide marriage to a U. S. citizen. If you are here legally, you may be able to maintain legal status dependent on your circumstances through changing to another visa category such as F-1 student, H-1B specialized worker, H-3 trainee, etc. As your letter is slightly vague as to your circumstances, you should obtain a consultation with an immigration lawyer to go over all of your options. 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.  
If you are illegally in the country and entered the U. S. by December 31, 2011, you may be eligible for legalization if and when comprehensive immigration reform passes. If you overstayed a visa and did not enter by that date, you might still find some way to immigrate in the future like through bona fide marriage to a U. S. citizen. If you are here legally, you may be able to maintain legal status dependent on your circumstances through changing to another visa category such as F-1 student, H-1B specialized worker, H-3 trainee, etc. As your letter is slightly vague as to your circumstances, you should obtain a consultation with an immigration lawyer to go over all of your options. 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.  
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