Reentry after traveling abroad - Green Card with prior arrests

[rabbit10035 2]

Hello,

 

Please I need your help. I I came with F-1 visa early 2011 and I got married to USC and got my 2yrs GC in 2012 i was arrested shortly after and charged with Identity Theft for $120, I was sentenced to 6 months in jail and released from the court for credit for time served.My ex wife left me and disappeared before i returned from jail, I finally divorced her in 2015 and married my currently wife, I consulted an attorney who helped me file for new AOS and everything went smooth on our interview the officer approved my new I-30 and told me that my green card still valid that i should go ahead and file for I-751, my lawyer went ahead and filed I-751 in December 2015.June 4th i received RFE and mailed it back in about weeks.March 2017 i received interview notice and the interview went well but the office told me he couldnt give us a decision right away due to my past conviction that the supervisor would have to go through it and return it back to him before he can approve it. I went for over 2 dozens of infopass and service request, Finally my I-751 was approved and am waiting for my card in the mail now. This is where i need your advice or any input please!I'm currently planning a trip to my home country in dec.

 

My card was mailed out yesterday still waiting for it to come on the mail. What are my chances being detained at the airport and put on deportation? Anyone travel lately with criminal record?

 

 

[rabbit10035 2]

12 minutes ago, Dee elle said:

The adjudication of the criminal record is done prior to the granting of the new GC. You would not have been  approved if it had been a deportation offense..... i dont see why you will have any issues with entering with the green card.... assuming you have been completely truthful in all your dealings with USCIS . 

Thank so much, that's exactly what I thought but  I read few post people saying USCIS might approve your case with criminal record but might still face problem With CBP, I honestly don't know how true it's is. I miss my family so much and I'm so ready to travel to see them but at the same time I'm worried till death about my reentry with CBP. 

[cd37 229]

48 minutes ago, Dee elle said:

The adjudication of the criminal record is done prior to the granting of the new GC. You would not have been  approved if it had been a deportation offense..... i dont see why you will have any issues with entering with the green card.... assuming you have been completely truthful in all your dealings with USCIS . 

There have been cases after administration change that green card holders with criminal history were detained. Please consult your lawyer but note that eventhough USCIS grants green cards but cbp has all the rights to deny somebody based on their past history and it is well within their rights.

[SusieQQQ 11,586]

2 hours ago, rabbit10035 said:

Thank so much, that's exactly what I thought but  I read few post people saying USCIS might approve your case with criminal record but might still face problem With CBP, I honestly don't know how true it's is. I miss my family so much and I'm so ready to travel to see them but at the same time I'm worried till death about my reentry with CBP. 

Ive seen a few reports of people with criminal records being sent for secondary processing so takes a bit longer and a bit more stressful, but you should get in. As others have said if deportable you wouldn’t be getting a GC.

 

 

1 hour ago, cd37 said:

There have been cases after administration change that green card holders with criminal history were detained. Please consult your lawyer but note that eventhough USCIS grants green cards but cbp has all the rights to deny somebody based on their past history and it is well within their rights.

Actually CBP can’t just deny you entry if you're a green card holder, but they can refer you to an immigration judge. 

[SusieQQQ 11,586]

Here it is from the horse’s mouth, CBP itself:

 

 

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.

 

Source and more info: https://help.cbp.gov/app/answers/detail/a_id/932/kw/LPR inadmissibility/session/L3RpbWUvMTUwOTY4NjIzNi9zaWQvcmw1VVlNd24%3D

 

[rabbit10035 2]

On 11/2/2017 at 10:29 PM, cd37 said:

There have been cases after administration change that green card holders with criminal history were detained. Please consult your lawyer but note that eventhough USCIS grants green cards but cbp has all the rights to deny somebody based on their past history and it is well within their rights.

Thank you so much for your advice,  i will definitely consult some immigration lawyer before i embark on my journey home. I just don't wanna encounter any problem at the airport with CBP upon arriving at the airport due to my past conviction.

[rabbit10035 2]

On 11/3/2017 at 12:16 AM, SusieQQQ said:

Ive seen a few reports of people with criminal records being sent for secondary processing so takes a bit longer and a bit more stressful, but you should get in. As others have said if deportable you wouldn’t be getting a GC.

 

 

Actually CBP can’t just deny you entry if you're a green card holder, but they can refer you to an immigration judge. 

Thanks alot! Like i stated, i just dont wanna get detained or get deported upon arriving back, like you said i also heard some people with past criminal record were admitted but referred  to an immigration judge which can be rough and overwhelming as well. i just dont wanna get deported after going through an immigration judge. i was so excited when  i got my 10yrs green card 3 days ago but the thought of my past criminal record bothers me alot i really want to go visit my family after 7yrs in the US

[southcoast 27]

Your OP is confusing. Since you have filed an I-751, then I presume it is based on the first marriage. If that is the case, then don't travel. Your crime certainly sounds like a crime involving moral turpitude and it is an excludable offense. While the poster above is correct, in that ICE has to refer you to an IJ, they can hold you, without bail until your case is resolved. Because your conviction happened so soon after issuance ot the original green card, then there is no relief available. You would probably have to reapply through your new wife and obtain a waiver. This could result in a very long period of detention. As I said, the facts aren't entirely clear, but I would not leave the country.