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Q: Can dismissed trespass charges affect possession charges with a friend's backpack in Arizona?
In Tempe, Arizona, I was arrested for trespassing and resisting arrest, but these charges were later dismissed by the Tempe Prosecutor's Office. At the same address, I was charged with possession because a backpack in my possession, which I claimed belonged to a friend, contained something... View More 
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Zachary Divelbiss
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answered on Sep 3, 2026
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answered on Sep 3, 2026
Yes, they are allowed to charge you with possession. The dismissal of the trespass and resisting arrest charges does not protect you from a separate charge based on what was in the backpack. Possession is a different crime with different elements, so double jeopardy does not apply.
Here is... View More
Q: How can I establish U.S. citizenship if born abroad to a U.S. father, without embassy registration?
I was born outside the United States to a U.S. citizen father and a non-U.S. citizen mother. My birth was not registered with the U.S. Embassy, and I'm now over 18 years old. I meet the physical presence requirements for my father, and I was born in wedlock, although I'm currently... View More
Vaida Plesa
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answered on Sep 2, 2026
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answered on Sep 2, 2026
For a person born abroad out of wedlock to a U.S.-citizen father and a non-U.S.-citizen mother, I would be particularly careful about filing because the claim depends on satisfying the specific requirements of INA § 309(a). Since the child was born out of wedlock, the application should... View More
Q: Can I travel by air with F-1 OPT and pending asylum case?
I am currently in the U.S. under F-1 status and on Optional Practical Training (OPT). I have maintained my F-1 status since 2022, completing four years of undergraduate study and am currently on OPT. I also have a pending asylum case, which I applied for in December 2025, and I have not yet been... View More
Vaida Plesa
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answered on Sep 2, 2026
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answered on Sep 2, 2026
I would not tell you that there is zero risk in flying right now. The recent increase in ICE airport enforcement makes that advice inappropriate in 2026, even for some people who have pending immigration matters and work authorization.
However, if you are actually maintaining valid F-1... View More
Q: How to reopen a deportation case and switch to a virtual hearing for asylum?
Mi pareja tiene una orden de deportación porque no asistió a la corte, pero nunca recibió la notificación para comparecer. Queremos presentar una moción para reabrir el caso, ya que hay nuevas circunstancias que podrían influir. Además, yo tengo una audiencia en persona programada para el... View More
Vaida Plesa
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answered on Sep 2, 2026
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answered on Sep 2, 2026
Si el Respondente nunca recibió una Notificación de Comparecencia (Notice to Appear), podría tener un argumento muy sólido para presentar una moción para reabrir una orden de expulsión dictada en ausencia. Por favor, consulte con un abogado de inmigración lo antes posible.
También... View More
Q: How to cash checks issued to deceased's estate?
What should I do if agencies have issued small checks ($180 and $28.50) to the deceased's name or to the estate, but the bank won't accept them for cashing to me as the closest heir? There is no probate, and I'm not the executor, but I was the Power of Attorney and the daughter. The... View More
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Christopher R. Milton
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answered on Sep 3, 2026
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answered on Sep 3, 2026
I am sorry for the loss of your father, and I understand how frustrating it is to be turned away by a bank and ignored by government agencies over what amounts to less than $210. This situation is more common than people expect, and California law provides a clear way through it.
The power... View More
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