Travelling outside US during presidential change. Risk of re entry

[Alexmat1 9]

Hello All,

History: I moved to US through marriage and had a conditional green card. We got divorced and as the process was long drawn, I filed I-751 to remove conditions on my GC but couldnt submit the divorce decree which USCIS asked for. They denied I-751 and terminated my conditional status. For 3 years I was without green card (though I am considered a resident as long as I am in US). Eventually I reapplied and got I-751 approved and have a 10 year GC now. I also applied for citizenship and was approved but delayed taking oath.This led them to cancel my N-400, and now I had to reapply the N-400 (which is under process). During past 8 years I was here, I was initially supported by my spouse, after divorce I worked for 2 years and currently I am unemployed but actively looking for work. For the past 2 years I am on Medicaid and also receive food stamps. I was receiving them for about 1 year (about 4 years back). 

I am planning to travel outside US end of December and will be flying back to US in February end. I am concerned of these risks:

 

1) With new president taking office in Jan 20,2025, and given the history that last time he made rules to consider medicaid and food stamp use as public charge offenses, would I be stopped by CBP because I am on medicaid/food stamps.

 

2) Will the time period (3 years) between  when my conditional green card was terminated till I got 10 year GC , come up and cause an issue with CBP on re entry to US ? Or my N-400  denial (though I was approved but I delayed taking oath) be considered against me. Even if that is construed as I do not want to be a citizen (though I have reapplied and want to be), can that be taken as intent to be not a US resident (GC).

 

3) If CBP officer denies my entry, what are my rights and options. Can I request a court appearance or CBP officer can deny that ? I am told I have a right to attorney, but if my flight lands at 1 am on saturday and CBP decides to deny entry by 2 am, there is on attorney who can come at that time, thus CBP has enough time to send me back. 

I am pretty nervous thinking about these. Pls help.

[Dashinka 24,635]

Since your entire immigration history was reviewed during your first N400, you should be fine with a valid 10yr GC.  

 

Good Luck!

[Boiler 45,731]

You have a 10 year GC.

[randomstairs 304]

The public charge applies to those seeking to become LPRs, not to current green card holders. So, that's not gonna affect you.

 

There's no requirement to apply for naturalization, nor to be approved for it if one applies. This, too, isn't gonna be an issue for you.

 

As long as you don't stay abroad for too long, you'll be fine. 

 

If you've already filed the new N-400, it may be a good idea to wait for the citizenship, this time around - just so you don't miss it again.

 

 

 

[retheem 568]

14 hours ago, Alexmat1 said:

Hello All,

History: I moved to US through marriage and had a conditional green card. We got divorced and as the process was long drawn, I filed I-751 to remove conditions on my GC but couldnt submit the divorce decree which USCIS asked for. They denied I-751 and terminated my conditional status. For 3 years I was without green card (though I am considered a resident as long as I am in US). Eventually I reapplied and got I-751 approved and have a 10 year GC now. I also applied for citizenship and was approved but delayed taking oath.This led them to cancel my N-400, and now I had to reapply the N-400 (which is under process). During past 8 years I was here, I was initially supported by my spouse, after divorce I worked for 2 years and currently I am unemployed but actively looking for work. For the past 2 years I am on Medicaid and also receive food stamps. I was receiving them for about 1 year (about 4 years back). 

I am planning to travel outside US end of December and will be flying back to US in February end. I am concerned of these risks:

 

1) With new president taking office in Jan 20,2025, and given the history that last time he made rules to consider medicaid and food stamp use as public charge offenses, would I be stopped by CBP because I am on medicaid/food stamps.

 

2) Will the time period (3 years) between  when my conditional green card was terminated till I got 10 year GC , come up and cause an issue with CBP on re entry to US ? Or my N-400  denial (though I was approved but I delayed taking oath) be considered against me. Even if that is construed as I do not want to be a citizen (though I have reapplied and want to be), can that be taken as intent to be not a US resident (GC).

 

3) If CBP officer denies my entry, what are my rights and options. Can I request a court appearance or CBP officer can deny that ? I am told I have a right to attorney, but if my flight lands at 1 am on saturday and CBP decides to deny entry by 2 am, there is on attorney who can come at that time, thus CBP has enough time to send me back. 

I am pretty nervous thinking about these. Pls help.

Do you really have to travel? it amazes me that you already know the potential risks that may come up with your travel and the proceed on to consider travelling.

[Sarge2155 4,590]

13 minutes ago, retheem said:

Do you really have to travel? it amazes me that you already know the potential risks that may come up with your travel and the proceed on to consider travelling.

I was wondering the same thing!

[JeanneAdil 6,579]

True, those do not affect N 400

 

Incoming President has nothing to do with your green card so u go thru the line for USC's and green card holders

But the N 400 should have issues

 

You must  report your travel outside the US 

 

December 2023 u traveled and stayed because of financial issues in home country and now you are not working and income low enough for public benefits which is real low ( but can afford another trip)

 

US tax returns must be submitted for N 400

 

Your tax returns are very important proof that you are eligible for naturalization. On the day of your interview, bring certified tax returns for the last 5 years

 

https://www.uscis.gov/sites/default/files/document/forms/g-1151.pdf

 

 

 

[Alexmat1 9]

8 hours ago, retheem said:

Do you really have to travel? it amazes me that you already know the potential risks that may come up with your travel and the proceed on to consider travelling.

Yes I have to travel. If Its too risky would have to return before the next president takes office.

[Alexmat1 9]

On 12/14/2024 at 1:42 AM, Dashinka said:

Since your entire immigration history was reviewed during your first N400, you should be fine with a valid 10yr GC.  

 

Good Luck!

Thanks. But if CBP does make it difficult, what rights does a GC holder have. Can I request for court appearance ? Am I given an attorney ? 

[Alexmat1 9]

On 12/14/2024 at 6:36 AM, randomstairs said:

The public charge applies to those seeking to become LPRs, not to current green card holders. So, that's not gonna affect you.

 

There's no requirement to apply for naturalization, nor to be approved for it if one applies. This, too, isn't gonna be an issue for you.

 

As long as you don't stay abroad for too long, you'll be fine. 

 

If you've already filed the new N-400, it may be a good idea to wait for the citizenship, this time around - just so you don't miss it again.

 

 

 

Thanks. My worry is if I return in February and by then the new president passes laws that makes medicaid as public charge (think this was done in 2017 during his first term), and if CBP acts on that new rule and denies me entry, what rights do I have as GC holder ? Can I request court date ? Or am I deported right away ? Do I get rights to an attorney ?

[Boiler 45,731]

CBP can not take your GC away, only an IJ can do that.

[Alexmat1 9]

3 minutes ago, Boiler said:

CBP can not take your GC away, only an IJ can do that.

I meant they can deport you. CBP can turn away GC and send them back. They have in some cases misled people to sign a form (which says they are renouncing GC). But in my case I wont sign anything, but they can still sent me back and my query was can I then ask for a day in court or ask for immigration attorney assistance (mine or theirs).

[Boiler 45,731]

47 minutes ago, Alexmat1 said:

I meant they can deport you. CBP can turn away GC and send them back. They have in some cases misled people to sign a form (which says they are renouncing GC). But in my case I wont sign anything, but they can still sent me back and my query was can I then ask for a day in court or ask for immigration attorney assistance (mine or theirs).

An I J can deport you the best the CBP could do is detain you

[Alexmat1 9]

2 hours ago, Boiler said:

An I J can deport you the best the CBP could do is detain you

My query is about deporting (as in sending one back with the GC intact). Can the CBP officer send me back (with no court intervention) or can I appeal that decision and stay or be detained in US until I see an IJ. I understand CBP cannot take away GC (though they have been known to give out forms misleading GC holders to sign it which renounces citizenship, I wont do that).

[OldUser 6,976]

52 minutes ago, Alexmat1 said:

I understand CBP cannot take away GC (though they have been known to give out forms misleading GC holders to sign it which renounces citizenship, I wont do that).

Which citizenship? LPRs are not US citizens, it would be a painful mistake to call yourself US citizen when only LPR.

CBP cannot revoke or demand to renounce any other foreign citizenships.