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  #1 (permalink)  
Old 05-20-2011, 07:19 PM
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Default Received GC last month, planning to travel overseas, really concerned....

Hi,

I received my permanent green card based on marriage to US citizen, valid for 10 years last month. Now, I am planning to travel to India after close to 9 years, but I am extremely concerned about returning point of entry issues and I wanted to see what would the community suggest.

I came to the US in Fall of 2002 on a student visa. Around aug - 06, I went out of status. Right around then I met my future wife who is an american citizen, we moved in dec of 06 and got married in Jun 07. Due to financial hardship, we couldnt apply for my AOS/GC up untill late Oct last year. [Oct - 2010]. We hired a lawyer and every thing went pretty smoothly and fast.

I had my EAD approved within 45 days and I got my GC interview after a month. We [me, wife, lawyer] went to the meeting and everything went great. Our interviewing officer just took 20 mins to question us and we received my Permanent GC [not conditional] in the mail shortly there after.

Now I am planning a visit back home for one week, because I couldn't get more days off.

I am just worried about my return step to US at the port of entry. I have been reading and I learnt that I just have to present my country passport and physical green card to the officer who will then scan and ask questions.

What kind of questions can I expect from the officer?

Will he be asking me questions about my past as in when was the last time I came to US?

Why I was illegal/out of status of close to 4 years and questions about our marraige etc?

When applying for GC we collected lot of documents to provide to the USCIS that our marriage was in good faith such as joint bank accounts, pictures, leases etc. Should I take all those documents with me when flying?

Will taking a certified copy of my marraige certificate beneficial along with the supporting documents?

It feels like another "meeting" with USCIS where I have to show proof but I am really concerned that I dont get denied at the port of entry.

Also, after I got my EAD, I moved to another state to work on a contract position for couple of months. I consider my actual address as the address I applied my GC which is in another state, since this is just temporary job. I already mentioned this to the officer at my interview and he noted my current location/job title etc during that time....should I do something about it?

Sorry about such a long list of questions. Its just that I havent travelled out of country in such as long time and I dont know what issues I could face and what I need to carry with me so that I can be allowed back into the country upon return?

Thanks.
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  #2 (permalink)  
Old 05-20-2011, 07:24 PM
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If the total duration of unauthorized stay in the US is less than 180 days then you should not have any issues. Google for 180 days unauthorized presence and you will get some hits. Also, please consult a qualified attorney regarding this.
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  #3 (permalink)  
Old 05-20-2011, 07:50 PM
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Quote:
Originally Posted by ramaonline View Post
If the total duration of unauthorized stay in the US is less than 180 days then you should not have any issues. Google for 180 days unauthorized presence and you will get some hits. Also, please consult a qualified attorney regarding this.
My total duration was more than 180 days. infact it was around 3+ years since as I mentioned I did not apply for AOS/GC up untill late last year.

I went out of status in 06.
Got married to US citizen in 07.
Stayed out of status until nov 2010, when I finally applied for GC.
Permanent GC got approved last month.


My attorney says that I should not have any issues when returning. I just dont know how much I can believe her.
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  #4 (permalink)  
Old 05-20-2011, 08:06 PM
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I was gonna say "ask an attorney" but if your attorney says so, then go for it! You will have to go some day!
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  #5 (permalink)  
Old 05-21-2011, 12:24 PM
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Default no issues

I read everything you wrote. To cut short, I don't think you will any issues at all.

No need to carry documents to prove your legal marriage. You already did so and thus got your GC.

GC makes you "permanent Resident" in US. Past is past. I am not an attorney but I strongly believe you won't have any issues.

If I were you and find myself in doubt, I would spend $300-$400 to consult 2 different attorneys and get their opinion to remove any hesitation.

Quote:
Originally Posted by bcrawl View Post
Hi,

I received my permanent green card based on marriage to US citizen, valid for 10 years last month. Now, I am planning to travel to India after close to 9 years, but I am extremely concerned about returning point of entry issues and I wanted to see what would the community suggest.
...
...
Thanks.
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  #6 (permalink)  
Old 05-21-2011, 01:26 PM
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Quote:
Originally Posted by bcrawl View Post
Hi,

I received my permanent green card based on marriage to US citizen, valid for 10 years last month. Now, I am planning to travel to India after close to 9 years, but I am extremely concerned about returning point of entry issues and I wanted to see what would the community suggest.

I came to the US in Fall of 2002 on a student visa. Around aug - 06, I went out of status. Right around then I met my future wife who is an american citizen, we moved in dec of 06 and got married in Jun 07. Due to financial hardship, we couldnt apply for my AOS/GC up untill late Oct last year. [Oct - 2010]. We hired a lawyer and every thing went pretty smoothly and fast.

I had my EAD approved within 45 days and I got my GC interview after a month. We [me, wife, lawyer] went to the meeting and everything went great. Our interviewing officer just took 20 mins to question us and we received my Permanent GC [not conditional] in the mail shortly there after.

Now I am planning a visit back home for one week, because I couldn't get more days off.

I am just worried about my return step to US at the port of entry. I have been reading and I learnt that I just have to present my country passport and physical green card to the officer who will then scan and ask questions.

What kind of questions can I expect from the officer?

Will he be asking me questions about my past as in when was the last time I came to US?

Why I was illegal/out of status of close to 4 years and questions about our marraige etc?

When applying for GC we collected lot of documents to provide to the USCIS that our marriage was in good faith such as joint bank accounts, pictures, leases etc. Should I take all those documents with me when flying?

Will taking a certified copy of my marraige certificate beneficial along with the supporting documents?

It feels like another "meeting" with USCIS where I have to show proof but I am really concerned that I dont get denied at the port of entry.

Also, after I got my EAD, I moved to another state to work on a contract position for couple of months. I consider my actual address as the address I applied my GC which is in another state, since this is just temporary job. I already mentioned this to the officer at my interview and he noted my current location/job title etc during that time....should I do something about it?

Sorry about such a long list of questions. Its just that I havent travelled out of country in such as long time and I dont know what issues I could face and what I need to carry with me so that I can be allowed back into the country upon return?

Thanks.
Out of status for that long probably carries a 10 year entry ban.

You will just be relying on the POE Officer's oversight as your hopes of getting in. Other than that, anyone who looks through the history deeply has a good chance of catching the issue.

I don't think being a GC holder makes any difference, as the out-of-status was accrued before GC.

I am not a lawyer, so don't take my words without verifying with lawyers.
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  #7 (permalink)  
Old 05-21-2011, 01:42 PM
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i think you should get your case reviewed by a good attorney
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  #8 (permalink)  
Old 05-22-2011, 07:59 AM
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It is worth consulting the lawyer rather than take risk blindly. Because it's only you who know how much effort you have put in getting this GC.
So I agree with other people who suggested you to consult.

All the best.
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  #9 (permalink)  
Old 05-22-2011, 09:35 AM
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To bcrawl...

I think you are fine.... since you entered US legally

http://www..com/greencard/familybase...ons-in-us.html

But of course a lawyer is the best person to answer that with certainity.
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  #10 (permalink)  
Old 05-22-2011, 12:29 PM
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Quote:
Originally Posted by bcrawl View Post
Hi,

I received my permanent green card based on marriage to US citizen, valid for 10 years last month. Now, I am planning to travel to India after close to 9 years, but I am extremely concerned about returning point of entry issues and I wanted to see what would the community suggest.

.....
Any of kind of ban (whether 1 year or 10 years) applies ONLY for seeking admission into USA on visa or advance parole only. This ban does not apply for green card holders.

I would suggest get consultation with immigration attorney of your choice and get your peace of mind back.

Based on what you have written, I don't see any reason for worry.

Have a good trip and Good Luck.



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  #11 (permalink)  
Old 05-22-2011, 03:47 PM
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you should not have any issues. Even if you came here illegally and you get married to a citizen...you would be ok. There is no ban. Enjoy your vacation...carry your GC and thats it...you will have no issues coming back


Its how they say in monopoly....get outta jail free...go straight to GO...collect $200...hahaha
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  #12 (permalink)  
Old 05-22-2011, 04:05 PM
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I knew you will have response here, I quickly scrolled down to read it and you got me on this one snathan. :-)

Quote:
Originally Posted by snathan View Post
I dont think you will have any issues....
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  #13 (permalink)  
Old 05-23-2011, 09:56 PM
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BTW, I look like R.Narayana Murthy. That's the last thing I want be in this life. Can any one change me please, some one like Mamtha Benerji.


Quote:
Originally Posted by GCmuddu_H1BVaddu View Post
I knew you will have response here, I quickly scrolled down to read it and you got me on this one snathan. :-)
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  #14 (permalink)  
Old 05-24-2011, 06:03 PM
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Wonder how you even got GC after being out of status for 4 years, when millions of legal people are struggling even after 10-15 years to get GC. I continue to be amazed by this immigration process.
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  #15 (permalink)  
Old 05-24-2011, 06:17 PM
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Quote:
Originally Posted by bcrawl View Post
Hi,

I went out of status. Right around then I met my future wife who is an american citizen....
What a stroke of luck, you are really a lucky lucky guy
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