Green card and 3 year ban

[horizon1245 3]

Hi everyone,

 

so I successfully completed AOS and received my conditional green card.

The only inadmissibility that would’ve applied to me was previous unlawful presence because I overstayed VWP for more than 6 months but less than a year. I know that unlawful presence is ‘overlooked’ for immediate relatives of USCs but is not completely ‘forgiven’.

 

To my understanding, when LPRs enter the country at a port of entry, they’re not applying for admission but are just presenting themselves to inspecting like USCs, so they don’t need to prove to CBP that they’re not inadmissible. BUT when a LPR comes back from a trip longer than 6 months, I heard that they’re subject to all inadmissibilities like non immigrants or AOS applicants. Is it true? 
If it is, am I subject to a 3 year bar since I overstayed for more than 6 months and departed the US? 
 

TYI

[geowrian 22,338]

You are not subject to the 3 or 10 year bars as an existing LPR.

[horizon1245 3]

9 minutes ago, geowrian said:

You are not subject to the 3 or 10 year bars as an existing LPR.

@geowrian Thank you for your reply! 
But would I still be subject to all other inadmissibilities like health, misrepresentation, false claim to US citizenship, crime history and etc if I come back from a trip longer than 6 months?

Edited April 2, 2020 by horizon1245

[geowrian 22,338]

23 minutes ago, horizon1245 said:

@geowrian Thank you for your reply! 
But would I still be subject to all other inadmissibilities like health, misrepresentation, false claim to US citizenship, crime history and etc if I come back from a trip longer than 6 months?

You are still subject to inadmissabilities. At the same time, worst case is you can be paroled instead of admitted while an immigration judge determines your admissibility. Unless there is something very serious like misrepresentation to obtain LPR status, a criminal inadmissibility, etc., it's not something to even worry about. They are not regularly denying (or paroling) LPRs at the border.

The biggest issue with trips over 6 months is if you are actually living abroad and they believe you have abandoned permanent residency within the US. A single 6+ month trip abroad generally is not an issue, but multiple ones can raise suspicion.

[horizon1245 3]

6 minutes ago, geowrian said:

You are still subject to inadmissabilities. At the same time, worst case is you can be paroled instead of admitted while an immigration judge determines your admissibility. Unless there is something very serious like misrepresentation to obtain LPR status, a criminal inadmissibility, etc., it's not something to even worry about. They are not regularly denying (or paroling) LPRs at the border.

The biggest issue with trips over 6 months is if you are actually living abroad and they believe you have abandoned permanent residency within the US. A single 6+ month trip abroad generally is not an issue, but multiple ones can raise suspicion.

@geowrian Thank you! I think I’m pretty much on the safe side then. The only thing I was worried about was the previous unlawful presence as I was 100% honest with everything throughout the process. 
 

I have another question, are LPRs still subject to inadmissibilities if the trip abroad is less than 6 months? Or are they exempt from inadmissibility in that case?

TYI

[geowrian 22,338]

17 minutes ago, horizon1245 said:

@geowrian Thank you! I think I’m pretty much on the safe side then. The only thing I was worried about was the previous unlawful presence as I was 100% honest with everything throughout the process. 
 

I have another question, are LPRs still subject to inadmissibilities if the trip abroad is less than 6 months? Or are they exempt from inadmissibility in that case?

TYI

They way I've had it explained to me is that technically only USCs* (there are some edge cases to more than just USCs here too) are guaranteed entry. Anybody else must be determined admissible.

From a practical standpoint, there's nothing to worry about here. Occasionally an LPR may go through secondary inspection (especially if their green card is expired), but being admitted is not an issue except in those rare circumstances.

Edited April 2, 2020 by geowrian

[horizon1245 3]

2 minutes ago, geowrian said:

They way I've had it explained to me is that technically only USCs* (there are some edge cases to more than just USCs here too) are guaranteed entry. Anybody else must be determined admissible.

From a practical standpoint, there's nothing to worry about here. Occasionally an LPR may go through secondary inspection (especially if their green card is expired), but being admitted is not an issue except in those rare circumstances.

@geowrianThank you again for your answer! 
I think I’m just over worrying about this as I’m a conditional permanent resident (if that makes any distinction with LPRs), and this is my first trip abroad after obtaining green card. 
you’ve been very helpful, thanks again!

[Ontarkie 14,444]

~~Moved to Working and Traveling, from AOS from Tourist Visas - the OP is asking about traveling.~~

[NikLR 13,232]

21 hours ago, horizon1245 said:

@geowrianThank you again for your answer! 
I think I’m just over worrying about this as I’m a conditional permanent resident (if that makes any distinction with LPRs), and this is my first trip abroad after obtaining green card. 
you’ve been very helpful, thanks again!

Conditional or not doesn't affect your status.  

[Nitas_man 3,100]

On 4/2/2020 at 2:24 PM, horizon1245 said:

@geowrian Thank you for your reply! 
But would I still be subject to all other inadmissibilities like health, misrepresentation, false claim to US citizenship, crime history and etc if I come back from a trip longer than 6 months?

If you did all this horrible stuff after your green card was approved yes

If not, no

 

[horizon1245 3]

2 minutes ago, Nitas_man said:

If you did all this horrible stuff after your green card was approved yes

If not, no

 

I’ve been stuck at home in self quarantine after i got my green card so I guess I’m good! 🤣

Really the previous overstay was the only thing I was worried about haha

Thank you

[Nitas_man 3,100]

Just now, horizon1245 said:

I’ve been stuck at home in self quarantine after i got my green card so I guess I’m good! 🤣

Really the previous overstay was the only thing I was worried about haha

Thank you

I was wondering how you managed to pull off this crime spree with everything closed and everyone at home 😂😂

[horizon1245 3]

2 hours ago, Nitas_man said:

I was wondering how you managed to pull off this crime spree with everything closed and everyone at home 😂😂

Hahaha nope! 😂 The only thing in my crime history is a traffic offense from when I was 15 regarding a bicycle accident. <- even this is not in my record.