Travel on green card if citizenship app has been denied
- Thread starter citizenship_app
- Start date
you're still a permanent resident, you are allowed to travel as if nothing happened. make sure you dont get ANY TRAFFIC ticket so you can show next time you apply that you are a safe driver.
are you the guys who got around six traffic ticket?? I remember reading something similar couple weeks ago....
are you the guys who got around six traffic ticket?? I remember reading something similar couple weeks ago....
No issue with traveling unless you were denied for something that would make you inadmissible.
How is the appeal coming along?
citizenship_app
Registered Users (C)
Thanks, Bob. I am collecting documentation for appeal, character ref letters, employment letter, tax returns etc.
Is there any way to know if traffic tickets fall under inadmissible or what falls under inadmissible?
Is there any way to know if traffic tickets fall under inadmissible or what falls under inadmissible?
Jackolantern
Registered Users (C)
What were the tickets for? Smaller things like speeding or a bad tail light, or something more serious like reckless driving or DUI?
wantmygcnow
Volunteer Moderator
Is reckless driving reason for a denial? I had one 8 years ago.
Cell phone tickets and suspended license do not fall under inadmissible category.
citizenship_app
Registered Users (C)
Thanks, Bob.
JOL - I had another thread, where all details are there - http://forums.immigration.com/showthread.php?t=303914
JOL - I had another thread, where all details are there - http://forums.immigration.com/showthread.php?t=303914
Inadmissibility and denial are two separate things. 1 reckless driving incident 8 years ago isn't something to worry about unless it was so serious to cause death or a maximum possible sentence of over 1 year.
Jackolantern
Registered Users (C)
Oh, yes I remember that thread now. There should be no problem with you being let back into the US if there is no other issue on your record apart from what you described in the thread.
citizenship_app
Registered Users (C)
Thanks, JOL.
It is very likely reckless driving carry possible sentence of over 1 year
but judge usually do not impose that for first offense
Sometimes non-CIMT is also deportable. Like the folling kind of offense.
It is not considered a CIMT. This lawyer Michael Shane even describe such an offense as "a generic carrying concealed firearm conviction does not necessarily implicate poor moral character". But it is deportable
Start of quote
Q. I was arrested in January 2001 at the airport in Milwaukee, Wisconsin for attempting to board an aircraft to New York City with a handgun. I did not know the handgun was in my carry-on bag. I was sentenced to 1 year probation. How will this incident affect my immigrant status? I am a green card holder and I have spent almost eleven years in US.
-- Anonymous
A.
Pursuant to Immigration and Nationality Act ("INA") section 237(a)(2)(C), a conviction for a firearms offense is a ground of deportability. This means that a person who has been convicted of a firearms offense is deportable and subject to removal from the United States.
The good news is that firearms offenses do not render individuals inadmissible under INA section 212(a) from the United States. Assuming an individual does not have any other arrests or convictions, a single firearms offense generally means s/he are not statutorily ineligible to receive a visa or travel abroad. For Naturalization purposes, a generic carrying concealed firearm conviction does not necessarily implicate poor moral character, which means that individuals still may meet the statutorily required five years of good moral character immediately preceding an Application for Naturalization if the offense occurred during that period. In this specific case, however, it appears that the offense occurred more than five years ago.
It is very important to understand that whenever an individual applies for an immigration benefit that is discretionary, such as Naturalization, the Naturalization officer may use the firearms conviction as a discretionary basis for denying the Application. If denied, the officer may forward your file to Immigration and Customs Enforcement ("ICE") for the issuance of a Notice to Appear ("NTA"). If you are placed in removal proceedings, one form of relief would be for you to overcome your conviction by re-adjusting your status to lawful permanent residence. That is, of course, if you have not committed an "inadmissibility crime" and you are otherwise eligible for adjustment of status. You may also be eligible for cancellation of removal.
Because there are other issues that may arise, such as mandatory detention and the affect of other arrests and/or convictions, it would be extremely prudent of you to seek the advice of an experienced immigration attorney to review any and all arrest reports and dispositions you may have and to render you a legal opinion as to the potential immigration consequences that you may face in the future.
Michael Shane and Evan Shane, Attorneys at Law
Law Offices of Michael Shane, P.A.
Miami and Ft. Lauderdale, Florida
http://www.shanelaw.com
Al Southner
Registered Users (C)
Citizen,
I predicted this denial earlier in the process because you appear to everyone to be a repeat offender including USCIS. If I were in your situation, would save my money and wait for 5 years. I can't see any argument which you can mount which will reverse this decision. However, the beauty of a free country is that we can all use the due process of the law to seek a remedy, even when we are not entitled to that remedy...
Letters from people who know you are good, but the tickets are from law enforcement officials who have no motive to victimize you in anyway. As such, I am putting my money on USCIS prevailing in the appeal process. However, there is nothing wrong trying...
To answer your question, denial of N400 has no bearing on your ability to use your GC to travel, unless USCIS decides to revoke the GC...
The issue is: violation of any law can be considered to reflect moral character. The IO can simply say you do not have respect for law.
Of course, one reckless driving is OK. It is better if it occured in Virginia
and the DO is also in Virginia where threshold for reckless drivinf is very low
and most likely the IO has got such recod hismself once in life
Al Southner
Registered Users (C)
It is very clear you are have no idea about VA state. When you generalize issues on such an important topic, you are NOT only incorrect, you are creating a record for some new forum member to read and glean incorrect information. VA is one of the toughest states for traffic violation. I was a victim of a reckless and drunk driver in VA in 2002, and I had to spend 6 weeks in therapy and consultation with a neurosurgeon for headaches, but the driver lost her drivers license for 2 years, insurance was dropped and I sued her, but insurance company settled out of court to avoid damaging litigation. Personal experience, not what I read...
citizenship_app
Registered Users (C)
Citizen,
I predicted this denial earlier in the process because you appear to everyone to be a repeat offender including USCIS. If I were in your situation, would save my money and wait for 5 years. I can't see any argument which you can mount which will reverse this decision. However, the beauty of a free country is that we can all use the due process of the law to seek a remedy, even when we are not entitled to that remedy...
Letters from people who know you are good, but the tickets are from law enforcement officials who have no motive to victimize you in anyway. As such, I am putting my money on USCIS prevailing in the appeal process. However, there is nothing wrong trying...
Al - with all due respect, is it possible for you to be objective in your posts and stick to the question in post? You get on podium and talk like someone who has never made any mistakes in their life. May be you haven't, but rest of us are humans and we do make mistakes. We also tolerate other people's mistakes. We carry enough stress in our lives and we don't come to forums to get harassed. We are looking for objective advice andg genuine help. I did not ask anything about appeal in my question. What is your point in posting hurtful comments?
Al Southner
Registered Users (C)
Citizen,
I was merely making an observation that this outcome was predicted before it was rendered by USCIS. I am not the one to claim perfection, because I am not even on the cusp of perfection. I am not sure what was hurtful in what I mentioned in my earlier posting...
I never harassed you at all, except to indicate you might be better off waiting for the statutory period of 5 years, to have a shot at the naturalization process. However, it is your prerogative to pursue an appeal, and I clearly stated this view in my post.