If you have a question on immigration matters, write Ask-visalaw@visalaw.com. We can't answer every question, but if you ask a short question that can be answered concisely, we'll consider it for publication. Remember, these questions are only intended to provide general information. You should consult with your own attorney before acting on information you see here. 

Q - My question is on my deportation. I am a Nigerian and I was deported last year in the month of August. I was charged with false information on a US passport application. I tried to apply for a US passport and I checked the box that I was born in California . I was given probation and no jail time. ICE picked it up and then removed me because I was illegally present in the US .  

I lived in US for 15 years and I have two US citizen children currently living in US. My fiancée just left Nigeria on Feb 17th after our wedding here. I think she has thirty days to validate our foreign marriage. 

When I was deported, I was not told if I was barred for any length of time. But I desire to return and take care of my wife and children.  

A - Unfortunately, you are most likely an aggravated felon which means you cannot return to the US forever and there is no waiver.  INA sec 101(a)(43)(P) provides that the “falsely making” a passport is an aggravated felony.  The only way around it would be to obtain a pardon from the President or obtaining post conviction relief that sets aside the conviction. It’s always a good idea to have an immigration lawyer review your paperwork, but I suspect the news will not be good.  

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Q - I applied for asylum and it was granted by the immigration judge. But the government attorney appealed. After more than one year, I applied for a green card and I received it while the appeal was still pending. So will the green card be revoked or is it still valid?  

A - Hold onto your green card, but it will be revoked once they realize what is going on.  I am not sure I would want to travel on it because you may have trouble getting back into the country.  My advice would be to keep it and show it to the authorities when asked for papers but realize that it was mistakenly issued and can be taken away from you at any time.  Do not travel outside the country.  

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Q - I was charged with unlawful alcohol concentration while driving about a year and half ago. I paid the fine and did the required alcohol rehabilitation classes. I’m a green card holder since February 2003, still married to a U.S. citizen since 1998, I'm wondering if this charge will affect my citizen application. Thanks for your help.  

A - One DUI should not be a problem as long as it is the only one and no one was hurt in a wreck and there was no property damage.  By that I mean it should not be an aggravated DUI.  You should be honest and disclose it in your application and at the interview.  You should get the paperwork showing how it was disposed of and let the officer know it was an isolated event and that you have learned your lesson about drinking and driving.  

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Q - Is there any travel restriction for a green card holder after filing fot the US citizenship?  

A - No, but you need to be in the US at the time of the interview and you will also need to continue to meet the residency requirements (such as still having more than half of the required residency period spent in the US, no stretches of time outside the US that would break the continuity of residency and continued maintenance of a residence in the jurisdiction of the USCIS office handling your case).  

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Q - Can a permanent resident daughter apply for a green card for her father?  

A - Sorry, only US citizens can petition for their parents to get permanent residency.

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