Please i really need your opinion I-751 Pending

[rabbit10035 2]

I came to the US with F-1 Visa in 2011 i got married to US citizen, i adjusted my status in 2012 and i received my 2yrs green card in May 2012. I was arrested in July 1st 2012 for identity theft and i was convicted of 1 count of identify theft, i was in jail for total of 7 months which the judge sentence me and gave me credit for time served and i was released by ICE agent. I was supposed to file for I-751 to lift the condition on my green card in 2013 but when i came home from jail i couldn't locate my wife, i don' wanna file for 751 because i was scared they may call us for interview in which i cant locate her, after searching and waiting for her till 2015 i filed a divorce and got married to my current wife then i file for new 1-30 and 1-485. I went for my interview in November 2015 my i-30 was approved on spot and the officer told me that my 2yrs green card still good that all i need to do is file for i-751 that uscis might grant it or deny it and if they deny it then i can reopen my i-485 since my i-30 already approved. in dec 2015 i filed for my 751 i received NOA and one year extension and went for my biometrics then in June i received RFE while i pail up some few other documents i have and mailed it off back to CSC. I went for info pass 3 weeks ago at my local office where i found out that my file just got to the local field office and i was told they might schedule me for an interview but currently they have tons of cases to work on that they should be scheduling interview for i-751 by next month.


I'm planning to travel to my country in December for 2 months so i told the office at the info pass and he gave me a stamp on my passport and i also ask if the CBP would admit me back to the US when i come back and i also told him about my conviction, he said as long as my stamp is valid that there shouldn't be a problem for me to return back to the US. I'm just very scared to travel!

[lost_at_sea 995]

It sounds like you've got everything back on the right track. You don't need to worry about traveling, so long as you take with you your passport and your expired green card. The stamp the officer put in your passport extends your green card for 1 year while you wait for your I-751 to be adjudicated. Just make sure you are back in the USA before the date that your 1 year extension expires (which is the expiry date on your green card + 1 year).

[rabbit10035 2]

It sounds like you've got everything back on the right track. You don't need to worry about traveling, so long as you take with you your passport and your expired green card. The stamp the officer put in your passport extends your green card for 1 year while you wait for your I-751 to be adjudicated. Just make sure you are back in the USA before the date that your 1 year extension expires (which is the expiry date on your green card + 1 year).

Thank you so much! I'm just very nervous to embark on my trip because i heard alot of different stories from different source that CBP officer might not admit me back into the country that they might send me back to my origin country or arrest me for the being a convicted felon.

Ive completed all my sentencing and also completed my 3years probation which i received a confirmation mail from the federal probation that i have completed all my probation. I'm actually planning to leave first week in December and come back February 13.

[Merrytooth 5,748]

Have you consulted an knowledge immigration attorney yet?

https://help.cbp.gov/app/answers/detail/a_id/932/~/entry-to-the-u.s.---denied-entry-of-lpr-convicted-of-a-crime-when-reentering

Can a Lawful Permanent Resident (LPR) be denied reentry into the U.S.?

Lawful Permanent Resident's (LPR) convicted of certain crimes cannot be denied reentry into the U.S., although they will be referred to an Immigration Hearing to determine deportability.

Once a determination of deportability has been made, the LPR status is revoked, and a deportation order handed down. Once such an order has been issued, a former LPR would not be allowed entry into the U.S. after any subsequent trip out of the U.S. unless a Waiver of Inadmissibility (I-192) is granted or if a Port Director approves a temporary parole (usually for humanitarian purposes).

The legal grounds for removal of LPR status are found in the Immigration and Nationality Act, Section 237.

Some of the most common grounds for revocation are: Fraud, theft, rape and related crimes, assault and battery, money laundering, drug dealing and alien smuggling.

If the conviction is of a particularly serious nature, it is likely that you would be detained until the date of the hearing.

[lost_at_sea 995]

He's already been heard, sentenced, and done his time.

[rabbit10035 2]

Have you consulted an knowledge immigration attorney yet?

https://help.cbp.gov/app/answers/detail/a_id/932/~/entry-to-the-u.s.---denied-entry-of-lpr-convicted-of-a-crime-when-reentering

Thanks for the information. I actually have a lawyer working on my case, I'm just digging out some information on my own before i travel out of the US.

[Merrytooth 5,748]

He's already been heard, sentenced, and done his time.

That's does not mean a green card holder won't be deported if he / she just served time in jail.

http://www.alllaw.com/articles/nolo/us-immigration/legal-issues-renewing-green-card-felony-conviction.html

What Crimes Make a Green Card Holder Deportable

The Immigration and Nationality Act (I.N.A.) contains a long list of types of crimes that make a green card holder deportable. It's far more complicated than saying, "You'll be deported with a felony." Some people who have committed a crime that is considered a felony in their state may nevertheless not be found deportable, while other people who have committed a crime that's considered a mere misdemeanor in their state will be found deportable.

For example, you can be found deportable for having committed:

• an aggravated felony
• a crime of moral turpitude within five years of receiving a green card
• two deportable crimes at any time
• a sex crime
• a drug crime
• domestic violence
• a firearms offense
• a fraud-related offense

Edited August 25, 2016 by Merrytooth

[Merrytooth 5,748]

Legal Immigrants are being deported from US all the times.

http://www.theatlantic.com/national/archive/2013/11/why-are-immigrants-being-deported-for-minor-crimes/281622/

[lost_at_sea 995]

Huh.

I didn't realise that was possible. I figured it was just an issue come the time you consider doing the N-400. I'm surprised they didn't say anything about that at the infopass appointment he made?

Identify theft is basically "a fraud related offense". :/

Edited August 25, 2016 by lost_at_sea

[lost_at_sea 995]

Legal Immigrants are being deported from US all the times.

http://www.theatlantic.com/national/archive/2013/11/why-are-immigrants-being-deported-for-minor-crimes/281622/

Woah. That's scary.

[rabbit10035 2]

That's does not mean a green card holder won't be deported if he / she just served time in jail.

http://www.alllaw.com/articles/nolo/us-immigration/legal-issues-renewing-green-card-felony-conviction.html

That's exactly why am very scared to leave the US and not able to let me in back in the US.

[lost_at_sea 995]

Blimey.

I assume you NEED to make this trip for some reason?

[rabbit10035 2]

Blimey.

I assume you NEED to make this trip for some reason?

Yes, for family issue.

[lost_at_sea 995]

I'm curious to understand - what happened when ICE released you that time then? Did they give you paperwork? What does your lawyer reckon?

Man, I can't believe how bad this article is. Makes me sad

[chicha 9]

I'm no expert but came across the following case (scroll down to bottom) when I was doing research for my own I751 stuff:

http://jgoldlaw.com/immigration-lawyer-reviews/