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About ElGuapo88

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    Junior Member
  • Member # 252715

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Immigration Info

  • Immigration Status
    Adjustment of Status (pending)
  • Place benefits filed at
    Chicago Lockbox
  • Local Office
    West Palm Beach FL
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  1. I had a DUI on record (charges were dropped, but I don't think that matters from an immigration standpoint). The DUI occurred 10 years before receiving my GC. I have been sent to secondary each of the 5 times I have come back into the country since receiving my GC. They will most likely have the same experience, but should have no issues being admitted. A DUI is not considered a crime of moral turpitude. However, if the arrests happened after they received their GC, it may be a different issue.
  2. @Chewbacca - I also asked about the redress number and the CBP agent told me it probably wouldn't make a difference.
  3. I am a Venezuelan citizen with a conditional GC received October of 2017. Since then I've been out of the country 5 times (Turks & Caicos x2, Cayman Islands, Europe, and Mexico) and every single time I return I go through secondary. It depends on how many people are waiting - I've been in a crowded room where it took over an hour and I've also been in an empty room where I was let out in 10 minutes. I was never asked any questions, they just call my name and return my documents and I'm free to go. My situation is a bit different though as I have two arrests prior to receiving my green card. One was for a DUI (charges were dropped) and the other was for driving with an expired license over 6 months. Because of this, along with the fact that Venezuela was on the travel ban (only for government officials and their immediate families, neither of which apply to me) I kind of expected the trip to secondary inspection. However, after being sent to secondary after every return it got a bit frustrating. I asked 3 different CBP officers and they all told me the same thing - it's because of my prior arrests. The first officer only sees a red flag with no other information, so they refer you to secondary where the officers there look into your record. You would think that their system would let the first officer know that the arrests were years ago and that I had since exited and returned to the country already having cleared secondary, but that's not the case. I have TSA Precheck but haven't applied for Global Entry yet. Not all arrests exclude you from being approved, and since the only charge I was found guilty of is driving with an expired license I figure I might have a chance. But I'm just going to wait until I'm a citizen to apply since I think it may be easier to be approved at that point. It's frustrating, but at this point it's just something I expect. My wife goes to get the luggage and the car while I sit in secondary, and usually I'm out by the time she's done.
  4. You are not a citizen, so I doubt you will be directed to the citizen line. Whenever you scan your passport or combo card at the kiosk it will print out a paper and they will tell you where to go based on that. When I return from an overseas trip with my citizen wife (I have a green card), I always have an X on my paper and my wife doesn't, but she always comes in my line with me. We speak to the CBP officer together, and I always get sent to secondary inspection afterwards while my wife does not. You are not a tourist either, but I don't think you should go to the citizen line.
  5. Definitely book using the exact name that's on your passport. I'm male so my experience is different, but having a copy of your marriage license with you is probably a good idea. I'm from south america where it's common to have both maternal and paternal last names. My passport has John Doe Smith on it (where Doe is my dad's last name and Smith is my mom's last name). My green card only has John Doe on it. I've re-entered the country 4 times since receiving my conditional GC last year and haven't had any issues at all. Since the customs form is a US document, I would put what's on your green card and not your foreign passport. If you are traveling with your spouse, just have him fill it out. That's what I've done since only one is required per family.
  6. @viajero - I'm also from Venezuela so I know what a pain it is to get a new passport. I renewed mine two years ago and the whole process took a little more than a year. In any case - like others have stated above, your green card will allow you to enter the USA, but you won't be able to get on an airplane without a valid, unexpired passport
  7. It "should not be". However, sometimes it is. There are a lot of issues in immigration which aren't black and white. I agree that there may be other reasons that cause problems for people coming back in, but in the end it's just a matter of risk vs. reward. Unless you are a citizen, nothing is guaranteed. With the current political climate, everything immigration related is under a magnifying glass. My lawyer might be overly conservative, but his job is to look out for my best interests. Even if there was only 1 out of 1,000,000 chance that I'd have an issue, that's reason enough for me not to take the risk so I'm glad he advised me the way he did. If you're so sure that you won't have problems, I'm not sure why you're on here asking for stories to give you "comfort and confidence", and so dismissive of my comment and advice. Best of luck in your travels.
  8. Same situation - overstay over 180 days, married to US citizen. During the AOS my attorney said he wouldn't even apply for AP since he said it's too risky. Many people have had no issues coming back in, but there are also people that have had problems. I personally don't think it's worth the risk. If it were up to me, I would just wait until you receive your green card unless you absolutely must travel.
  9. Correct, but OP stated "Im planning on visiting my family in Europe this summer for a month." Sounds like they're just worried about having issues coming back in after a vacation, not going away for close to a year and abandoning their residency.
  10. I was on a previous overstay, and also had two arrests prior to receiving my green card (neither was a crime of moral turpitude) so I too was concerned since I had also read plenty of stories about people having trouble upon reentry. Green card is all you need. Upon returning after my first time leaving the country in 10+ years, the CBP officer asked where I was coming from and immediately after asked me if I had ever been arrested before. I replied "yes", and then he told me to gather my belongings and step into another room. My wife was allowed to pass through and she was not allowed to come with me. The secondary inspection room was packed with people and I waited for almost an hour. Then the CBP officers in there called my name and simply handed me my passport and green card back, no questions asked. It's not uncommon to be sent to secondary inspection, but unless you committed any crimes AFTER receiving your green card or have something dubious in your file, you have nothing to worry about. I'm assuming the officers in the secondary inspection just run a background check or something like that. And it might also depend on your country of nationality and where you traveled to. If you look at my post history you'll see a post I started with the same worries, and I included what my lawyer told me when I asked him if I had anything to worry about.
  11. I second this. My attorney told me that since it's at the discretion of the CBP agent and they can choose not to allow me back in, he wouldn't even apply for AP since I was also on an overstay. Nothing is guaranteed unless you're a US citizen. Even with a green card you cannot be denied entry, but can be found deportable if a red flag comes up when re-entering. @aaron2020 The truth is that the only people who have guaranteed legal right to enter or reenter USA is an American Citizen/Resident, a visa of any kind or Advance Parole do not guarantee your entrance...read the guidelines for this document and you will see exactly this. Page 1 of "Instructions for Application for Travel Document" says "WARNING: The document does not entitle you to be paroled into the United States; a separate discretionary decision on a request for parole will be made when you arrive at a port-of-entry upon your return." According to the USCIS website, you MAY or MAY NOT reenter with advance Parole...the document is kind a "suggestion" for the immigration officer to let you in, but he is the one who is going to "Parole" you or not. So according to the USCIS documents what you said "You heard a lie" might not be the case after all, because according to the law, anyone that is not a American Citizen could be refused to come in to the country at any time even with a valid visa or advance parole.
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