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Is Travelling with Conditional Green Card Safe?

By MrWhite in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

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MrWhite Newbie

MrWhite   0

Posted
Filed: Timeline
Posted

Basically I came to US when I was 12 with B-2 and I-94, overstayed for 1+ year (about 10 years to be specific). Today I am married to a U.S. citizen, about to get my conditional green card through I-130 and I-485, and now I have this question about the safeness on travelling with a conditional green card. I heard from the radio that talked about this issue, and the lawyer on air mentioned it's not safe to travel outside the US with a advanced parole or conditional green card if you have a history of illegally overstaying. He mentioned the officers will make it a super hard time for you when you try to cross the border to come back because you have a bad history of overstaying and such.

Is what he said true. Does the fact that I have a bad history of overstaying makes it much more difficult for me to come back even though I have a conditional green card? If so, when will be "okay" to travel outside the US border? After I waived the condition on my green card, or after I become US citizen?

Thanks for helping. Sorry if this is a common question mentioned, but I couldn't find an answer to this anywhere.

Leatherneck Grand Master

Leatherneck   693

Posted
Filed: Country: Philippines
 Timeline
Posted

Basically I came to US when I was 12 with B-2 and I-94, overstayed for 1+ year (about 10 years to be specific). Today I am married to a U.S. citizen, about to get my conditional green card through I-130 and I-485, and now I have this question about the safeness on travelling with a conditional green card. I heard from the radio that talked about this issue, and the lawyer on air mentioned it's not safe to travel outside the US with a advanced parole or conditional green card if you have a history of illegally overstaying. He mentioned the officers will make it a super hard time for you when you try to cross the border to come back because you have a bad history of overstaying and such.

Is what he said true. Does the fact that I have a bad history of overstaying makes it much more difficult for me to come back even though I have a conditional green card? If so, when will be "okay" to travel outside the US border? After I waived the condition on my green card, or after I become US citizen?

Thanks for helping. Sorry if this is a common question mentioned, but I couldn't find an answer to this anywhere.

What many will advise is AP is not a guarantee of being 'admitted' back into the US without having a GC in your possession also. Because some CBP officer might not care that you have AOS pending and no GC in your possession.

But with a GC and AP or even being a US citizen, they can pull you for a secondary inspection. Maybe that'is what the lawyer means by "make it a super hard time" but you should be able to get back onto the US with both a GC and AP.

Do you have a need to travel before you get become a LPR?

"The Marines I have seen around the world have the cleanest bodies, the filthiest minds, the highest morale, and the lowest morals of any group of animals I have ever seen. Thank God for the United States Marine Corps!" - Eleanor Roosevelt, First Lady of the United States, 1945.

"Retreat hell! We just got here!"

CAPT. LLOYD WILLIAMS, USMC

ceadsearc Proficient

ceadsearc   516

Posted
Filed: Lift. Cond. (apr) Country: Bolivia
 Timeline
Posted

You cannot use AP with such a long overstay as leaving the country would trigger a 10-year ban. Once you have your green card your overstay is forgiven and you can travel without issue using your green card, regardless of if it is a 2-year or 10-year green card.

OUR TIMELINE

I am the USC, husband is adjusting from B2.

ADJUSTMENT OF STATUS

08.06.2010 - Sent off I-485
08.25.2010 - NOA hard copies received (x4), case status available online: 765, 131, 130.
10.15.2010 - RFE received: need 2 additional photos for AP.
10.18.2010 - RFE response sent certified mail
10.21.2010 - Service request placed for biometrics
10.25.2010 - RFE received per USCIS
10.26.2010 - Text/email received - AP approved!
10.28.2010 - Biometrics appointment received, dated 10/22 - set for 11/19 @ 3:00 PM
11.01.2010 - Successful biometrics walk-in @ 9:45 AM; EAD card sent for production text/email @ 2:47 PM! I-485 case status now available online.
11.04.2010 - Text/Email (2nd) - EAD card sent for production
11.08.2010 - Text/Email (3rd) - EAD approved
11.10.2010 - EAD received
12.11.2010 - Interview letter received - 01.13.11
01.13.2011 - Interview - no decision on the spot
01.24.2011 - Approved! Card production ordered!

REMOVAL OF CONDITIONS

11.02.2012 - Mailed I-751 packet to VSC
11.08.2012 - Checks cashed
11.10.2012 - NOA1 received, dated 11.06.2012
11.17.2012 - Biometrics letter received for 12.05.2012
11.23.2012 - Successful early biometrics walk-in

05.03.2013 - Approved! Card production ordered!

CITIZENSHIP

Filing in November 2013

VanessaTony Grand Master

VanessaTony   3,567

Posted
Filed: Citizen (apr) Country: Australia
 Timeline
Posted (edited)

Agree with the above. I had 4 months overstay. Wasn't even asked about it. It's not an issue once you have your GC, conditional or not (bearing in mind you shouldn't stay out longer than 12 months, and even more than 6 months can be used against you in determining if you've abandoned your GC).

Edited by Vanessa&Tony

Aussie K1 process - http://www.visajourney.com/forums/topic/206016-australian-beneficiaries-packet-3-to-interview-date/
AOS, EAD & AP - the Aussie Way (including document list) - http://www.visajourney.com/forums/topic/235331-aos-ead-ap-from-k1-the-aussie-way-doc-list-included/
ROC April 2012 - http://www.visajourney.com/forums/topic/358760-i-751-april-2012-filers/ (includes document list)
N-400 April 2013 - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/ (includes document list)

N-400 Interview review - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/?p=6381814

N-400 Oath Ceremony review - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/?p=6537699
Aussie Chat page continued - http://www.visajourney.com/forums/topic/331922-new-2011-land-downunder-aussie-aussie-aussie-oi-oi-oi/
Aussie Name Change on Passport Process - http://www.visajourney.com/forums/topic/248400-australian-passport-name-change-process/
Travel on maiden name passport with married name GC, tickets in married name - http://www.visajourney.com/forums/topic/183541-land-downunder-aussie-aussie-aussie-oi-oi-oi/page__view__findpost__p__4135806
Shipping Costs from Aus to US - http://www.visajourney.com/forums/topic/293179-shipping-costs-aus-to-usa/

Notes:
- For my "standard" timeline please see timeline to the left
- For timeline with Aussie specifics & more detailed info, please see the "About Me" section of my profile

Leatherneck Grand Master

Leatherneck   693

Posted
Filed: Country: Philippines
 Timeline
Posted

Agree with the above. I had 4 months overstay. Wasn't even asked about it. It's not an issue once you have your GC, conditional or not (bearing in mind you shouldn't stay out longer than 12 months, and even more than 6 months can be used against you in determining if you've abandoned your GC).

:thumbs:

"The Marines I have seen around the world have the cleanest bodies, the filthiest minds, the highest morale, and the lowest morals of any group of animals I have ever seen. Thank God for the United States Marine Corps!" - Eleanor Roosevelt, First Lady of the United States, 1945.

"Retreat hell! We just got here!"

CAPT. LLOYD WILLIAMS, USMC

Brother Hesekiel Mentor

Brother Hesekiel   2,236

Posted
Filed: Other Timeline
Posted

You absolutely cannot use AP if you had overstay!

You absolutely are safe to travel internationally with a Green Card.

There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

Gary and Alla Grand Master

Gary and Alla   3,694

Posted
Filed: Citizen (apr) Country: Ukraine
 Timeline
Posted

Basically I came to US when I was 12 with B-2 and I-94, overstayed for 1+ year (about 10 years to be specific). Today I am married to a U.S. citizen, about to get my conditional green card through I-130 and I-485, and now I have this question about the safeness on travelling with a conditional green card. I heard from the radio that talked about this issue, and the lawyer on air mentioned it's not safe to travel outside the US with a advanced parole or conditional green card if you have a history of illegally overstaying. He mentioned the officers will make it a super hard time for you when you try to cross the border to come back because you have a bad history of overstaying and such.

Is what he said true. Does the fact that I have a bad history of overstaying makes it much more difficult for me to come back even though I have a conditional green card? If so, when will be "okay" to travel outside the US border? After I waived the condition on my green card, or after I become US citizen?

Thanks for helping. Sorry if this is a common question mentioned, but I couldn't find an answer to this anywhere.

Not a problem once you have the green card.

VERMONT! I Reject Your Reality...and Substitute My Own!

Gary And Alla

MrWhite Newbie

MrWhite   0

Posted
Filed: Timeline
  • Author
Posted

I see... Thank you so much for all the helpful replies!

And no, I am not planning for a long stay. I am asking because I am debating if I want to apply for medical school back in my home country. It would be pointless to waste the money if I cannot even go back for an interview after getting my conditional green card (I was approved for a conditional gc just yesterday by the interviewer!!! rejoice! :3).

It seems the consensus is that I should be safe to travel with only the CGC and nothing else, as long as I do not stay oversea for over 6 months.

Thanks for all the replies.

 
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