Fraternity-Testvériség, 1964 (42. évfolyam, 1-12. szám)
1964-12-01 / 12. szám
FRATERNITY 11 QUESTIONS AND ANSWERS ABOUT IMMIGRATION AND NATURALIZATION Question: A friend of mine was convicted many years ago of a crime involving moral turpitude. Recently, in the company of friends, he went across the border into Canada to see the Niagara Falls from the other side. He returned within two hours to the United States. Somebody told him that he is now deportable because his “entry” from Canada made him “excludable” on account of his old criminal conviction. Is that correct? Answer: Until recently, your question would have had to be answered in the affirmative. Last year, however, the United State Supreme Court decided that a brief, casual and innocent absence from the United States, such as the one you mention, does not necessarily constitute a “new entry”, and does not, therefore, create deportability when there was none before. However, cases of this type are always somewhat controversial and cannot be answered firmly with a “yes” or a “no”, unless all circumstances are known. If your friend, therefore, is very concerned about this situation, it might be well for him to consult a social agency or an attorney familiar with the law. ★ ★ ★ Question: My wife and I immigrated to the United States two years ago. Six months ago my wife had a baby and shortly thereafter she had a nervous breakdown and had to be committed to a state hospital. I have been paying her hospital bills, but they are very high and I am not sure that I can go on paying them. Would failure to pay them interfere with my naturalization or with that of my wife? Answer: Non-payment of the bills will not interfere with your naturalization, if it is apparent that you cannot afford to pay them. However, non-payment might make your wife deportable, since the Immigration and Nationality Act provides that an alien who within five years after entry “becomes institutionalized at public expense because of mental disease” is deportable. If you should be unable to continue payment of the bills, it is recommended that you get in touch with a private welfare agency in order to discuss your problem and, if possible, to obtain help. ★ ★ ★ Question: My husband, an American citizen, filed a petition with the Immigration and Naturalization Service on behalf of his brother who comes from a country with an oversubscribed quota. My brother-inlaw’s immigration papers wer almost completed when my husband suddenly died of a heart attack. Is it still possible for my brother-in-law to immigrate on the basis of the approved petition? Answer: Unfortunately, when a petitioner dies prior to the admission of the beneficiary, the petition is automatically revoked. As a result, your brother-in-law is now in the same position as if no petition has been filed on his behalf. He will have to wait for a non-preference quota visa, unless he has another American citizen relative who can file a petition for him.
