zhao was arrested at 1 : 45 pm . m . ct for resistance on charges of misdemeanor conduct ; other more significant counts would be filed . however , allen sykes of united . s . bureau of immigrants and immigration enforcement ( ic ) has indicating plans to asylum yan returning to australia within a few moments from charges . " we do not plan to charge him , " herron said . zhao is dual - nationality chinese - australian , he entered the usa legally on his australian passport less than a second ago .
Zhao is an American citizen.