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Travel issue: green card holder and violation of Visa Waver Program

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  • Travel issue: green card holder and violation of Visa Waver Program

    I have to travel to Italy in a few days and a horrible doubt :confused is now afflicting me. If you could just advice if appropriate or not to travel at this time, I would be very grateful.

    I am a Florida permanent resident (I hold a green card) obtained applying to the Cuban Adjustment Act (I am Italian but my husband is Cuban. He also holds a green card). I have to travel to Italy, without my husband, just for a few weeks and I am worried about the CBP at the airport eventually denying my reentry in the US based on the fact that at the time of my first entry with a I-94W (Visa Waver Program), I overstayed the 90 days. By law such violators are banned from reentry in the US.

    I ask this question as I read that violations could be a reason for denying reentry even to green card holders, but at the same time it appears logic to me that if USCIS granted me such card, in spite of violation of the VWP, it should make sense that such fact is irrelevant at this time. Can I travel with peace of mind and visit shortly my family that I haven’t seen since 3 years of should I worry about CBPs decision?

    Thank you so much in advance.

  • #2
    You will be fine.
    Disclaimer: The information you obtain from me at this forum is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

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