Traveling with green card and I-601 waiver

#1
My I601 waiver was just approved along with I485. I'm planning to get a Re-entry permit since I don't have my national passport. My understanding is that upon arrival at the airport I'd be most likely given a Notice to Appear and placed in removal proceedings. But I have a waiver. My lawyer told me just to show them the waiver approval and I'm good. However I wanted to know if anyone had to deal with the same situation?
I had 2 CIMT's convictions 18 and 20 years ago. Both were misdemeanors (petty offenses) and having 2 made me inadmissible. So my understanding is one of them was waived.
 

newacct

Well-Known Member
#2
I'm confused. If you filed I-485, doesn't that mean you're in the US? so why would you be placed in removal proceedings? Or do you mean the next time you return to the US as a permanent resident after leaving?
 

newacct

Well-Known Member
#4
I believe that if you show the waiver approval then you would be fine. INA 101(a)(13)(C) says that a returning permanent resident is not considered to be seeking admission (and therefore is not subject to inadmissibilities) unless one of several things are true, including abandoning their status, leaving for more than 180 days, engaging in illegal activity after leaving the US, etc., and one of them is if you've committed an offense subject to the CIMT ban, unless you've been granted a waiver. So because you have a CIMT, you may need to show your waiver to demonstrate that you qualify as not seeking admission, and therefore not subject to inadmissibilities. I am not sure what the exact procedure at the airport would be.
 
#5
Thank you. It makes sense. I believe that's what my lawyer mentioned. I'll make sure to have my I601 notice and review 101 a 13 C just in case Customs Officer isn't familiar.
 
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