Immigration Service fingerprints of greencard holders at airport,Greencard rights are protected

I got in yesterday at JFK after an absence of almost 6 months. A middle-aged Caucasian man did my processing and all he said was, "Thank you. Welcome home."

Pretty easy. I entered on only my RP and GC. I first showed him only my RP (as it implies GC LPR status), but he asked me for my GC too.

By the way, I'm not back for good until I apply for citizenship. Wish me luck :)
 
If immigration officers found out the greencard holders have some small issues like traffic tickets, pretty offenses, what they do? How they can judge a case on the spot based on complicated immigration law? Are they capable to differentiate a guy with minor offense with a guy who have major immigration issues? it makes me worried about greencard holders' rights.
Click to expand...

I have re-entered twice after the new rule (fingerprinting required at POE) was effect.
For the 1st entry, they took all 10 fingerprints. For the 2nd entry, only 5 fingerprints (right hand). You will not need to worry about traffic tickets or petty offenses at POE.
 
Hi gc_wait_485, I have a petty offense and my green card was approved using the petty offense exception. I have not gone out of country while my gc was in process. Now I am a little worried to travel now. You said "You will not need to worry about traffic tickets or petty offenses at POE. " Where did u get this info from ? Thanks
 
sivaa,

You will be just fine and can travel the country you like to go. The point is you just said APPROVED -- "my green card was approved using the petty offense exception".
How do I know? I had the same worry you have.

Cheers!
 
Thank you gc_wait. Yes, my gc was approved 6 months ago after an interview at local office. Now as they are fingerprinting GC holders at POE, will my arrest show up and will I be referred to secondary inspection.
 
danmoore said:
I have been permanent resident since 91. Came back from Europe the other day & I got sent into the secondary room at immigration. After a 90 minute wait, my name was called and the immigration officer asked me if I have ever been arrested and I said 'yes'. He said I had been called in because my arrest showed up. It was an arrest from 1997 and all charges were dropped. I had even provided all the court documents to the INS to renew my green card in 2006. They took all my fingerprints again and my photo

I asked him how to avoid all this hassle next time, he said there's no way to avoid it, it will happen every single time.
Click to expand...


Yes same happened to me, both immigration room plus extra luggage check. On the bright side about a year later after a visit to Canada no issues coming back.

But you never know what may happen at any return. Those moments of anxiety and you wish you applied for naturalization before anything happened or you wonder if its all worth it. After you get in, then it suddenly all becomes worth it but I guess restricting overseas travel until you get you citizenship is one way to live.
 
mmed said:
It happened to me with waiting almost the same time and the same question. My answer was no arrest, then he stamped my passport and told me this is similarity in names. Next time, the same thing but with different question "what visa you had before GC" I answered, then stamp my passport. I was told that secondary inspection for me will be every time even after citizenship. I am going to make at least 6 hours interval between arrival and connection flight, I lost flights in both times.
Click to expand...

After citizenship? How? You should be able to show your passport and walk right in. Correct? Or am I wrong about something?
 
LolaLi said:
LOL @ TripleCitizen - I don't know how long you've been giving this advice on here. When will folks listen right?

Just answer the question as asked with as little detail as possible - never volunteer information. :)
Click to expand...

One of the hardest things to do sometimes. Sometimes we think by adding information even if may seem favorable information, I think we get ourselves into trouble.
 
prchohan said:
mmed, thanks for your response. But if your theory is correct (which I think it most probably is), what's the explanation for the immigration officer at JFK letting me go just after stamping? I wasn't asked any questions, no going to a separate area or anything like that; just went through the counter with wife in 20 secs.
Click to expand...

IME, JFK is the best. NYC is the best. Honestly the city is the most diverse you'll find in the US. The only entry where I got an enthusiastic "welcome home". This does not happen at other ports.

I don't know, it's just my impression. From now on I will make it a point to fly through NYC, even EWR if I recall was not bad. Atlanta and Delta - never again.
 
Jackolantern said:
They have a pilot program in a couple of airports now where all noncitizens including LPRs have to give biometrics before boarding the flight.
Click to expand...

I don't mind that one bit if it helps you prove status in case you got your GC stolen abroad. Problem is the airport overseas needs to see your GC. But I suppose if you have a previous ARC stamp you can argue your way through.
 
gc_wait_485, can u please post your experience like which POE did u enter from. Did they send u to secondary inspection and what did they ask? Thanks.
 
gc_wait_485, can u please post your experience like which POE did u enter from. Did they send u to secondary inspection and what did they ask? Thanks.
Click to expand...

Sivaa,

It was just simple and the same as the others. No 2nd inspection was taken.
You will be fine. Relax and enjoy your trip!

cheers!
 
The new USVISIT requirements are a problem for permanent residents who have been arrested before. Prior to being subjected to US-VISIT, the criminal databases used by CBP won't show any misdemeanor convictions (but the CBP can find out about misdemeanor convictions thru additional querries but they don't do that as they don't have time at the primary inspection area)- they only show felony convictions and outstanding arrest warrants. But now, if you have been arrested before (whether it is a felony or misdemeanor), your record will appear on (once your are finger printed) the officer's screen and you will immediately be asked to go to secondary inspections such that they can question you with respect to admissibility to the US. The CBP officer at the secondary inspection station will question you about your arrest, and depending on your case this may or may not result in removal proceedings. If you were arrested prior to the getting your green card, the officer will review your arrest and/or conviction and will determine if you are admissible and this is not withstanding the fact that USCIS approved your green card as they are not responsible for any of their mistakes, if any. Also, if you have another post green card arrest, your situation will get very complicated and depending on the nature of the arrest, you could be placed in removal proceedings. In general, you are inadmissible to the US if you have been convicted of an aggravated felony or if you have been convicted of a crime of moral turpitude or if your conviction results in a sentence of 1 year or more in jail (and this is true even if you received probation, received a suspended sentence or received deferred judgment). There is the petty offense exception and there is the ability to file for a waiver but I am not gonna get into that.

But in general, and even if you have no other arrests or if you arrest did not result in a conviction, you will be severely delayed and may miss your connecting flight. So US VISIT sucks! I know this first hand as I wasn't questioned at all during my pre US VISIT trips, but on my recent trip I was asked to go secondary inspections. The CBP officer at secondary inspections told me that prior to subjecting PRs to US VISIT, they (CBP) only has access to terrorist watch lists and criminal databases which can only be accessed via a name query and those databases only show felony convictions, and that most PRs got by cos the CBP officers at the primary inspection station have no reason (because their databases do not flag misdemeanor arrests/convictions - again, misdemeanor arrest/conviction records are accessible but the officer would need to do additional querries) to question us about our criminal records, if any. US VISIT on the hand will pull up everything as it is a finger print based system, and your records will immediately pop out on the officer's screen.
 
Last edited by a moderator:
Gc_wait_485 & daniyotam, Thank u both for your valuable comments. But both of you are giving conflicting info regarding prior misdemanor arrests before getting gc. gc-wait-485 was not sent to secondary inspection after the US-visit pgm was started.
Do u think they are using different procedures at different POE?
Daniyotam, what was the outcome of your case? dismissed or not? What did they ask you at secondary inspection.
 
Last edited by a moderator:
sivaa said:
Gc_wait_485 & daniyotam, Thank u both for your valuable comments. But both of you are giving conflicting info regarding prior misdemanor arrests before getting gc. gc-wait-485 was not sent to secondary inspection after the US-visit pgm was started.
Do u think they are using different procedures at different POE?
Daniyotam, what was the outcome of your case? dismissed or not? What did they ask you at secondary inspection.
Click to expand...

I think it is very hard to know how it works. Individual experiences may not be enough to
establish a pattern. and even CBP officers may be different from one another in how to
dealing with these. If CBP found they you have an prior arrests before getting the GC,
maybe they need to re-examine whether GC was issued correectly in the first place, that is.
the offense shoould not be inadmissible (ironically it can be deportable) and it muist be disclosed
in the GC application. Unless there is a clear instruction from their supoervisor that says any such thing prior to
GC does not count they probaly dare not simply ignore it. and in their file they do not put
down a flag that says this issue for this person was resolved etc.

Neither do I know what will happen if the USCIS officer who granted your GC
thought differently from the border control officer. What if the former think
you are admisisble but the later think you are not inadmissible? One has to
go to a copurt evertytime he make a trip outside USA?

I don't think anyone has a choice but live with it as long as he/she remain to
be a PR. But basically I think one has to reply on common sense and some trust
on how system works. If you think you get your GC fair and square, you should
not worry too much about USCIS taking it back. GC is granted only after careful
and thorough review by immigration officers during your I485 process. USCIS
does not issue your GC only in order to take it back at a later time.
 
Last edited by a moderator:
Because of all the opportunities US has provided us, lot of us are more loyal to it than our birth countries, pay our taxes on time, abide by the law, followed the rules properly to become an LPR and have a full intention of investment in all forms here. I understand it is not fair or right and extremely frustrating that we have to go through this kind of "harassment" when returning to what I consider to be my home country now.

It is extremely unfortunate that all these strict rules and regulations had to be put in place at the time when we all finally received our GCs. I think one must just simply make the best of the given situation and live with it. With the current trends, there is a good chance that these rules and regulations will continue being imposed on us even after we become US citizens, it just is what it is.


Stoned!
 
I think what is absolutely clear is that you will go to secondary inspections if you have been arrested before (this can be a post gc arrest or pre gc arrest) -because of the number of arrivals and in order to avoid inconvenience to others, the CBP officer at the main inspections area won't have the time to question you and determine your admissibility, so you will be directed to secondary inspections.

At the secondary inspections, you will be questioned about your arrest(s) and whether you had disclosed it to USCIS during your gc application, and the officer will also briefly review your case - at this juncture, and although very very unlikely, you may be subject to a removal order and this depends a lot on your answers to the officer's questions. The worst that could happen is that you get arrested (or rather convicted) for another offense after getting your GC, and if that happens and again, depending on the crime and the sentence, you may be shit out of luck.

So US-VISIT does inconvenience us LPRs but it also serves as a tool to located and remove criminal aliens.
 
You must log in or register to reply here.
Top