I551 Stamp Travel in Removal Proceedings

[IlliChi 5]

I have a pending I751 since Nov 2019. Upon my return in the US on March 2021 after a trip abroad, I was questioned by CBP who searched through my electronic devices and concluded my marriage is not bona fide. I was issued a NTA with hearing date May 2024, they then sent me to ICE custody where I was bonded out after 15days. 

I was able to get the I-551 stamps (CR6 Category) since my release from custody and my current stamp is valid until July 2023 in my passport to be renewed next year.

 

When I went to USCIS to get the latest stamp, I asked If I will be able to travel with it for a short trip abroad and they said yes because I am a LPR until Judge says otherwise, but also mentioned that just to be sure it will be best to go ask CBP in the next window next door in the same building. I went and asked a CBP officer and he said yes as long as I meet all the other residency requirements and no criminal record, which I don't, I should be fine upon my return. He then placed/stapled an additional I-94 Paroled Stamp card next to the original I551 Stamp for the same expiration date (July 2023) with "NTA" as the paroled purpose.

He said when I go through secondary at the boarder showing the stamps, I should be fine.

 

My Questions:

1) if I end up travelling and I am paroled during reentry, does it mean I lose my temporary LPR status if I am paroled in vs Admitted?

2) Would I still be able to get the I551 stamp next year while the removal case is still pending if USCIS sees I was paroled in?

 

Anybody with a similar experience (under Removal proceedings and was able to travel using their stamp for reentry) please share any insight you may have. Much appreciated.

[mindthegap 2,589]

1) Under normal circumstance you should not be paroled in. You are not seeking admission as anything other than a LPR, and have not done anything which renders that status in jeopardy (as you rightly state, such as a criminal offence).

You have rights in law. 
You should be stamped in as a LPR or ARC - a lawful permanent resident - which is what you are at this moment, and remain until an immigration judge says otherwise. CBP or USCIS do not decide this, as much as they wish the could.  

 

2) Genco opinion 96-12. It has been clarified in law and case law that you are entitled to an i-551 stamp up to and during any immigration court hearings, for the purposes of travel, and employment, and any other privilege afforded to lawful permanent residents. End of. 
 

I’m concerned about this whole thing tbh..are you missing some crucial details here? Was the I-751 filed jointly, or as a waiver? Are you separated or divorced? 
Had you spent an extended period out of the US? Were you travelling alone? 
What exactly did they find on your devices to accuse you of such a thing? 
 

Searching at POE is a contentious issue by itself… but to search electronic devices and then on that basis alone arbitrarily accuse a LPR of having a sham marriage, and furthermore on that basis detain you and send you to a detention centre,  is….odd.
The fact that you had filed & had a pending i-751 at the time also make this even odder - it isn’t CBPs job to adjudicate those in any way. Even if you had been denied and had refilled - and I speak from direct experience here - they still keep their noses out - they verify on the system that your status is current, there has been no final order of removal, and stamp you in. 

 

And why the hell did you spend 15 days in ICE custody? 

Edited August 18, 2022 by mindthegap

[IlliChi 5]

Very good questions Sir. 

This was odd as hell. My attorney at the time told me that this was pure abuse of power. 

It was a brief trip and it wasn't the first time I traveled and never had any issue except for secondary from times to times which always took about 10mins except for that day.

What triggered the search supposedly is that I have an old Arrest record but with no criminal Charges as everything was dropped.

Upon searching they found  not enough convincing exchanges from my wife and I which of course is subject to interpretation by anyone who reads it. Yes it was a joint filing motion and we are still married but the marriage is not going well and we now live separately.

To be clear, it has not been denied til this day. It is still under review by USCIS but CBP decided to they had enough evidence to refer me to court. 

The reason I spent that much time in custody was because there was a mandatory 10 days quarantine in there due to the pandemic (Long story). 

 

29 minutes ago, mindthegap said:

I’m concerned about this whole thing tbh..are you missing some crucial details here? Was the I-751 filed jointly, or as a waiver? Are you separated or divorced? 
Had you spent an extended period out of the US? Were you travelling alone? 
What exactly did they find on your devices to accuse you of such a thing? 
 

Searching at POE is a contentious issue by itself… but to search electronic devices and then on that basis alone arbitrarily accuse a LPR of having a sham marriage, and furthermore on that basis detain you and send you to a detention centre,  is….odd.
The fact that you had filed & had a pending i-751 at the time also make this even odder - it isn’t CBPs job to adjudicate those in any way. Even if you had been denied and had refilled - and I speak from direct experience here - they still keep their noses out - they verify on the system that your status is current, there has been no final order of removal, and stamp you in. 

 

Edited August 18, 2022 by IlliChi

[IlliChi 5]

26 minutes ago, mindthegap said:

1) Under normal circumstance you should not be paroled in. You are not seeking admission as anything other than a LPR, and have not done anything which renders that status in jeopardy (as you rightly state, such as a criminal offence).

You have rights in law. 
You should be stamped in as a LPR or ARC - a lawful permanent resident - which is what you are at this moment, and remain until an immigration judge says otherwise. CBP or USCIS do not decide this, as much as they wish the could.  

Now that This officer gave me this paroled stamp on the I94 should I just get rid of it and just show my I551 Stamp? lol I was under the impression it doesn't matter which one it is (Paroled or Admitted) as long as your status remains the same once you are in

[mindthegap 2,589]

12 minutes ago, IlliChi said:

Now that This officer gave me this paroled stamp on the I94 should I just get rid of it and just show my I551 Stamp? lol I was under the impression it doesn't matter which one it is (Paroled or Admitted) as long as your status remains the same once you are in

When you were (eventually) admitted, what did the stamp say? 

 

What is your I-551 stamp annotated with? Mine is ‘ TC-1’ which is for spouse of US citizen case denied and re-opened. The full list of codes is in Appendix 23-7 of the adjudicators field manual. 
 

Does the i-94 specifically have ‘paroled’ on it? If so, that’s also weird, given it was next to a valid I-551 stamp that had been issued just minutes before? 

 

You have a valid I-551 -that is undisputed proof of your current status as a lawful permanent resident that they can and will verify at your POE. 

 

Edited August 18, 2022 by mindthegap

[IlliChi 5]

16 minutes ago, mindthegap said:

When you were (eventually) admitted, what did the stamp say? 

 

What is your I-551 stamp annotated with? Mine is ‘ TC-1’ which is for spouse of US citizen case denied and re-opened. The full list of codes is in Appendix 23-7 of the adjudicators field manual. 
 

Does the i-94 specifically have ‘paroled’ on it? If so, that’s also weird, given it was next to a valid I-551 stamp that had been issued just minutes before? 

 

You have a valid I-551 -that is undisputed proof of your current status as a lawful permanent resident that they can and will verify at your POE. 

When I was eventually admitted last year, I never saw that passport again when they released me as ICE probably seized it. It was expiring in few months anyway so I never bothered asking it back I just went to my embassy and did a new one.

 

The I551 stamp that I got from USCIS says CR6 (Because my i751 is still pending and is not adjudicated yet) pending NTA Hearing May 2024. so I have a strong feeling that simply means If I beat the case in court or get a relief, EOIR will then order USCIS to adjudicate.

 

Yes the I-94 specifically says paroled until (Same expiration date as my actual I551 Stamp which is odd). Purpose: NTA, the CBP guy said that should be good enough.

I was only concerned if there is an issue of paroled vs admitted but didn't bother arguing with him about that either. 

 

In conclusion: To your point I think worst case there is a clear I551 Stamp in there as well clearly evidencing that I am an LPR and I have a pending court date along with the letter as evidence so as long as I meet every other residency rules (No crime, not staying outside more than 6months) I don't think there should be an issue overall. 

 

 

Edited August 18, 2022 by IlliChi

[mindthegap 2,589]

I agree. You are good. 

Doesn’t eliminate the fact that what they have done is very, very, wrong and way outside of procedure… and that’s not even getting into the permanent retention of someone’s genuine (not fake or tampered with) passport issued by a foreign government…highly illegal.

 

Im also intrigued as to precisely what basis they have cited against you. 

 

Please keep us posted if/when anything develops with this. I’m as intrigued as you are. 

 

 

[IlliChi 5]

13 minutes ago, mindthegap said:

I agree. You are good. 

Doesn’t eliminate the fact that what they have done is very, very, wrong and way outside of procedure… and that’s not even getting into the permanent retention of someone’s genuine (not fake or tampered with) passport issued by a foreign government…highly illegal.

 

Im also intrigued as to precisely what basis they have cited against you. 

 

Please keep us posted if/when anything develops with this. I’m as intrigued as you are. 

Tell me about it.

Wrong and illegal on so many levels. One of the initial thoughts from my attorney was that this treatment alone and the fact that they were being way outside of procedure was going to be is first argument to attempt to terminate this case. Technically, no matter what they believe about our relationship they should let USCIS adjudicate and upon denial (If it came to that) - Now it's the Court turn to take over but nope someone felt like god at the border and thought he's got absolute power and gave zero fucks about the procedure. Lol 

 

I would be lying if I said I wasn't intrigued a bit but .... Yup I will keep this community posted after my next trip and advise how it went. 

 

Edited August 18, 2022 by IlliChi

[IlliChi 5]

54 minutes ago, mindthegap said:

Im also intrigued as to precisely what basis they have cited against you. 

oh it was a violation under 237a1.. (I don't have the NTA here but I am positive it was one of those codes) where they alleged the marriage was entered in solely to gain green card and secondly the marriage is judicially annulled (Definitely not true either). They are basing on texts and some cheatings involved

Edited August 18, 2022 by IlliChi

[Family 3,988]

What did your attorney tell you about traveling while in removal proceedings? I would be shocked if he said go. 
https://www.aila.org/File/Related/18110604a.pdf
 

Because I am not clear if you’re coming back as a returning resident….on that parole

 

[IlliChi 5]

9 hours ago, Family said:

What did your attorney tell you about traveling while in removal proceedings? I would be shocked if he said go. 
https://www.aila.org/File/Related/18110604a.pdf
 

Because I am not clear if you’re coming back as a returning resident….on that parole

For sure, 

it is definitely a good point. I haven't had a chance to touch base with him yet as he is on vacation.

 

However, my understanding is that as long as you're a LPR you have the right to attend your court date regardless and there is no way you could be turned back, that doesn't mean that they can't give me a hard time at the POE though. Therefore if this trip wasn't really an emergency I definitely wouldn't go at all. 

Edited August 18, 2022 by IlliChi

[Boiler 45,428]

Why risk it is the obvious question.

[Mike E 11,739]

Legally an LPR has to be admitted 
 

CBP can process an LPR as an arriving alien or returning resident.  There isn’t anything the LPR can do about it.  It matters not in this case because there is an NTA pending. 
 

I am surprised and dismayed that CBP gave OP an NTA because there weren’t enough messages between OP and the petitioning spouse   

 

It is even more surprising and dismaying that CBP turned OP over to ICE for detention.  

[Mike E 11,739]

10 hours ago, Family said:

What did your attorney tell you about traveling while in removal proceedings? I would be shocked if he said go. 
https://www.aila.org/File/Related/18110604a.pdf
 

Because I am not clear if you’re coming back as a returning resident….on that parole

 

CBP processed OP as an arriving alien already. Until the NTA hearing is resolved in OP’s favor, I don’t see CBP processing OP as anything but an arriving alien.  Otherwise it  would damage CBP’s case against OP.  

[IlliChi 5]

24 minutes ago, Mike E said:

Legally an LPR has to be admitted 
 

CBP can process an LPR as an arriving alien or returning resident.  There isn’t anything the LPR can do about it.  It matters not in this case because there is an NTA pending. 
 

I am surprised and dismayed that CBP gave OP an NTA because there weren’t enough messages between OP and the petitioning spouse   

 

It is even more surprising and dismaying that CBP turned OP over to ICE for detention.  

Yes it was so wrong the way they proceeded. Pure abuse of power because regardless of our conversations and the fact that there was some cheatings involved it is not in their power to decide on a case. You should have seen the judge face the day of my bond hearing, he was baffled and asked more than 5 times why is this guy being detained because none of it made sense to him????

 

I am not an expert, hence I am here  to hopefully understand other people's experience and maybe perspective but I assume you're right that in this case it doesn't matter because there is already a NTA pending and that regardless a LPR has to be allowed in the country (I know that's I want to hear but it is also factual).