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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.  

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I was married with my American girlfriend. During my marriage, we did apply for the permanent residency or green card. I have gone through the fingerprints and was issued a  Social Security Number. Sometime after these were processed, we divorced. All those things were cancelled, I guess. Every time, when I am going to visit USA from Turkey to visit my sister, I am requested to apply waiver by the embassy visa section people; after applying waiver, they issue me each time a year time B1/B2 visa. 

Do I have a right to be in the US based on the green card application?  

Once you left the country and reentered as a visitor and not in a parole status, that effectively was the end of the adjustment of status application. In any case, the application has probably been denied already.  

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If somebody become an American citizen half a year ago from naturalization, can he or she go to another country, live there and then come back after 10 years?? Will there be any problem maintaining citizenship? 

Once a person obtains citizenship, they have it for the rest of their life. In extremely rare instances, people lose their citizenship, but it would typically be when they were found to have engaged in fraud to get their citizenship or were not eligible.  

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If my visa R-1 expires (I will leave the US just before my visa will expire) while my form I-360 green card application will be still spending, then my Form I-360 could be approved anyway or it will be automatically rejected by USCIS? 

You do not need to be in the US while an I-360 is pending. As long as the employer still has a position for you, that would be enough. You could then process at a US consulate abroad after the I-360 is approved. 

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I am a UK citizen who received a penalty notice disorder last year for drunk & disorderly which I paid a fine for £80. 

I have booked a holiday for America starting 21st February but recently heard if you have ever been arrested you have to apply for a visa with the US Embassy. 

I contacted the US Embassy who stated I couldn’t get an appointment until February 9th but the process could take up to 8 weeks which would be way past the start of my holiday. 

As I didn’t receive a conviction or commit moral turpitude would I have to still apply for a visa? 

Also would this show up on a police certificate if I applied for one. 

For travel after January 12, 2009, you will be required to apply for advance authorization to travel to the US as a visitor on the Visa Waiver Program.  This new, advanced authorization is known as ESTA.  Contained in the application is a question asking whether you have ever been arrested or convicted of a crime of moral turpitude.  To determine if a crime is one of moral turpitude, a variety of factors must be considered.  These include the criminal statute defining the crime and the facts of the particular event leading to the conviction.  For example, some crimes of assault are crimes of moral turpitude, but determining whether a specific arrest and/or conviction for assault will involve moral turpitude will depend on which level of assault was committed (simple assault, ABH, GBH).  It is irrelevant that the person may have only been issued a citation and/or paid a fine. 

In your case, you have stated that you were convicted of drunk and disorderly conduct, and paid a fine.  Although it is unlikely, there is a possibility that the crime could be one of moral turpitude depending on the specific facts of the incident.  However, you should consult with your lawyer who can advise.   

Assuming that a conviction for drunk and disorderly conduct is not a crime of moral turpitude, you should be able to tick "no" to the question contained in the application.  I would advise that you carry your documentation with you when you travel to the US in the event you are questioned.