Extension of Permanent Residence status while I-751 pending??

[kellygirl841 0]

Hello all, just writing with a question about the I-751 Form my husband and I are mailing off to our beloved USCIS tomorrow. First off, I'm disappointed to hear that the USCIS can't even process a simple application like this in a timely fashion - like say, less than a year?! But anyway, getting back on topic...

My husband's GC with Conditional Status expires in early July, so we're filing now because we're just inside the 90 day mark. We also just bought plane tickets to travel back to see his family in Germany later this summer, in August. My question is this: to travel outside the US, does my husband just need to carry the NOA letter which states he has a 1 year extenstion on his green card? (That IS what happens, right? He will get a year's extension, I'm pretty sure...) Or do we need some other proof for him to leave and re-enter the country (in another post, someone mentioned making an Infopass appointment to get a "renewal stamp" - is that in his passport, or ???) I sure hope he can travel, because we sure can't refund those expensive plane tickets. Anyone with any input or info, please reply!!!

Thanks,

Kelly

[raymaga 25]

In order to re-enter the U.S. after foreign travel, all you need is the expired GC and the NOA (extension letter).

You will still need a passport to travel to other countries. The GC and extension letter is only used when re-entering the U.S.

[Kathryn41 3,205]

Hi Kelly,

I agree, it is ridiculous that I-751s take anywhere from 3 months to 18 months to be approved! Now, the way it is supposed to work, once you send off the application to the service center, it will receive the application, cash the cheque and send you a receipt called an NOA (Notice of Action). The NOA will have a phrase on it that says the green card is extended for one year and is still valid for work and travel purposes. Your husband would carry the expired green card, the NOA and his passport and will be able to travel outside of the US and return without problems.

Now, what has happened recently - especially for those filing with the Texas Service Center - is that the applicants are not receiving the NOA. In this case, he makes an infopass appointment at the local USCIS office, brings along proof of filing (cancelled cheque, USPS delivery notification, etc.) his green card and his passport. They are supposed to stamp his passport with the I-551 stamp which is the same as the green card. They usually give the stamp for a year, although some have received it for 6 months. He should also bring along proof of his travel arrangements and he should have no problems getting the stamp IF he does not receive the NOA extending his green card.

You should have no problems travelling. Good luck.

Edited April 11, 2008 by Kathryn41