Green Card confiscated at the Airport

[rad21 1]

Hi, 

I just heard very recently two people had their green cards confiscated at the airport when coming back to the States. Both of them had just one DUI on their record and immigration officer said that this is the reason and they can try to get their green cards back in front of immigration judge.

I have DUI on my record (happened in October 2014, still on 3 years probation) and I am applying for Citizenship right now (sent my papers on April 30th and waiting for interview date letter). I wanna to travel in September but after hearing this story that two people very recently and within one week got their green cards taken away at the airport I am little bit scared to leave the country. Please advise if somebody had similar experience or heard about incidents like this. Thank You!

[Coco8 1,042]

If you were told this 2 stories then don't travel. Why risk it? 

 

Have you read this?

http://www.alllaw.com/articles/nolo/us-immigration/dui-dwi-lead-revocation-of-your-green-card.html

Edited August 5, 2017 by Coco8

[rad21 1]

I have business related travel. I have read  that article and my DUI wasn't involving any kids, no accidents, nothing special at all also alcohol level was barely over the limit. Also I was traveling kinda recently in June and everything was fine, of course they took me to the room to check my documents but it was just fast procedure and officer told me that it is normal with DUI and they will always take me to the room because of this DUI and only way to travel smoothly is to get a passport. My concern is that that kind of situations just started to happen, maybe some changes in immigration laws/rules? 

[Dashinka 24,778]

1 hour ago, Coco8 said:

If you were told this 2 stories then don't travel. Why risk it? 

 

Have you read this?

http://www.alllaw.com/articles/nolo/us-immigration/dui-dwi-lead-revocation-of-your-green-card.html

I agree, why risk it.  If the CBP decides to take away the GC even if it ends up not being a case of a crime of moral turpitude and the GC is eventually returned, why put yourself through the hassle of hiring a lawyer and appearing in an immigration court?  Obviously we do not know the entire story of the two anecdotal stories from the OP, I personally wouldn't risk it and instead find another way to conduct the business without traveling out of the US.

 

Good Luck!

[ScarletNIW 5]

You should talk to an attorney because I heard that a DUI may be a problem for citizenship application.

[JFH 12,191]

17 hours ago, rad21 said:

I have business related travel. I have read  that article and my DUI wasn't involving any kids, no accidents, nothing special at all also alcohol level was barely over the limit. 

It's not just about being "barely over the limit" (don't they all say that anyway?). It's not about whether anyone was hurt. It's about your general disregard for the law. That's what they will be looking at. 

[Boiler 46,073]

DUI is not a CIMT

 

Assume there was a LOT more to these cases that has been shared with you.

[sparkles_ 456]

I've heard a DUI is not a CIMT if it is just a basic DUI (not trying to downgrade the charge into sounding pretty at all). Not involving driving with minors in the car, not driving knowing you have a suspended or expired license, not driving without insurance, not speeding, and not a repeat offense, nothing extra basically. I've heard that subject discussed over at immigrate2us a few times, where the complicated cases go to chitchat, so take it for what it is worth. Based on what you said, you're probably good to travel on the GC.

 

I think you have to have a clean record for the last 5yr to naturalize though.....

Edited August 6, 2017 by sparkles_

[Dashinka 24,778]

5 hours ago, Boiler said:

DUI is not a CIMT

 

Assume there was a LOT more to these cases that has been shared with you.

I agree, but why put it in the hands of a CBP officer, then have to go through the hassle of proving that there are no CIMT circumstances that could be tied to the DUI as shown in the link @Coco8 provided.

[Boiler 46,073]

2 hours ago, Bill & Katya said:

I agree, but why put it in the hands of a CBP officer, then have to go through the hassle of proving that there are no CIMT circumstances that could be tied to the DUI as shown in the link @Coco8 provided.

Makes me wonder what percentage of GC holders have a DUI and how many of those travel every year.

 

Probably not an easy number to come by but you would have thought it would be many thousands?

[Ontarkie 14,449]

~~Two post removed for not answer the OP's question. One removed for quoting. Stick to answering the OP constructively or do not post.~~

[son tran 0]

my friend was confiscated the greencard last month because the crime he made.

everytime he comes back to America from oversea, the officers always take him to secondary interviews and let him go home freely with greencard. but last month, same thing happened and they confiscated his greencard. 

greencard with crimes ( dui, drug, etc ) is not recommended for going out of country .

good luck

[TBoneTX 46,075]

Thread is moved from the US Citizenship main forum to the Working & Traveling forum -- topic applies to more than one process.