GC holder with 212(H) approved - Travel outside of US and Return

[IMGRights 0]

My AOS was approved in conjunction with 212 (h) - 601 waiver for CIMT in 2010 by immigration judge. I have my GC for almost 7 years with clean records. My question is that if I travel outside of US and upon return and at the port of entry, will I have any issues due to my past CIMT offense? II am also wondering how do immigration officers check the immigration violations at the port of entry?

[Boiler 45,897]

There are some cries for which you can get an in country waiver so you can stay here but make you inadmissible if you leave.

[Hypnos 6,578]

Maybe. It depends on the CIMT. 

 

I've read stories of LPRs being given an NTA on re-entry due to historical crimes, though they cannot be denied re-entry (https://www.avvo.com/legal-answers/can-my-wife--lpr---travel-abroad-and-return-with-c-879758.html). 

 

You should consult with an experienced immigration attorney to see whether your conviction could pose you such issues. 

[IMGRights 0]

Thanks Boiler and Hypnos for your feedback. At this point I guess applying for citizenship will be a better situation. I still have that questions in my mind was that how come I won't be able to travel outside of US after DHS (government) and IJ has forgiven my crime and granted GC and now upon return I may have to go through another waiver (possibly) for the same crime that they have already waived? I agree consulting with the lawyer is the best approach.

[Hypnos 6,578]

An IJ did not "forgive" your crime; they simply approved your waiver of criminal grounds of inadmissibility for you to receive permanent residency. Your crime and conviction still exists and can still be used against you by certain entities in certain circumstances - such as when you appear at PoE after foreign travel and are seeking to re-enter the US.

 

As I said above, it depends on the exact nature of your conviction whether this would be a problem in your situation.

Edited January 25, 2017 by Hypnos

[Jawaree 718]

If one has a 212 (h) waiver for CIMT they can travel & return to US but you will go

thru secondary everytime. make sure GC & PP are not expired (then you

may have some probs) Double check with a waiver attorney when departing  the

laws are spinning fast regarding immigration

[Jawaree 718]

On 1/25/2017 at 3:44 PM, Hypnos said:

An IJ did not "forgive" your crime; they simply approved your waiver of criminal grounds of inadmissibility for you to receive permanent residency. Your crime and conviction still exists and can still be used against you by certain entities in certain circumstances - such as when you appear at PoE after foreign travel and are seeking to re-enter the US.

 

As I said above, it depends on the exact nature of your conviction whether this would be a problem in your situation.

Agree, just heard today of someone I know over 60, had a 212(c) in the past for a conviction &

Thursday night he was refused entry B4 leaving his own country (guess he appeared on manifest)

he is trying to deal with the Embassy, his crime was 30 yrs ago & he had travelled many rimes. Not

trying to scare anyone , but if one status is not wrapped tight dont get behind the wheel of a car or

abroad at this time