Travelling while case pending

[spencer2 0]

Could anyone tell me if its safe to travel while awaiting uscis aproval on an 1751, yes i have an extension and will get a stamp in passport this friday. Is there anyone with this experience? Please advise.

[Kathryn41 3,205]

Yes it is safe to travel.Bring your expired green card and your extension letter. If you have those you don't require the stamp in your passport (they may not give it to you when you ask for it Friday if you have the extension letter). Present these when returning to the US and you will be allowed re-entry. You should have your passport as a matter of course if you are leaving the country as well. Many of us awaiting approval of our I-751s have traveled with no difficulties. Enjoy your trip.

[tdegrenier 1]

My wife just got back from travel out of the country. She used her passport, expired green card and the extension letter with no problems.

Have a safe trip!

[poons02 0]

Hi. I was worried about this too. I am about to travel internationally and my case was pending (till today. I got the card production ordered email, today).

I went to USCIS to get I-551 stamp in my passport and they refused stating that an expired green card and a valid I-797 NOA is sufficient for international travel.

I did lots of research on the Internet about traveling while case is pending and here is an important USCIS Memo. http://www.uscis.gov/files/pressrelease/CRextensn120203.pdf

I suggest that you travel with your passport, expired green card, valid I-797 NOA and a copy of the above memo.

Here is additional documentation to help you with your trip

http://www.cbp.gov/linkhandler/cgov/travel..._info_guide.pdf

It clearly says that an expired green card with a valid I-797 is a valid proof for travel.

Good Luck! Have a fun trip.

I-751 timeline

Feb 24th 2008 - Submitted I-751 to California Service Center

Mar 4th 2008 - I-797 NOA

Mar 11th 2008 - Biometrics appointment letter

Mar 29th 2008 - Biometrics

Jun 12th 2008 - Card Production ordered email

[hello28 0]

Thanks! I just was about to post this question because we have an expired green card, the NOA letter stating the 1 year extension, but I was wondering if I needed to get my wife's passport stamped with anything before she leaves next month for South America. I'm glad everything should be fine.

[hello28 0]

This brings up another question based on the memorandum letter which I just printed (in Poons02 message). It says on the letter that the the BCIS officer should "collect the expired form I-551 (green card?) and issue either..... etc. etc Does this mean when she returns to the US they will take her expired green card at that time and not return it? Maybe this is a stupid question. thanks.

[junejr 0]

This brings up another question based on the memorandum letter which I just printed (in Poons02 message). It says on the letter that the the BCIS officer should "collect the expired form I-551 (green card?) and issue either..... etc. etc Does this mean when she returns to the US they will take her expired green card at that time and not return it? Maybe this is a stupid question. thanks.

My temp card expired on March. I did travel outside the states on April for 3 weeks. I got only NOA letter extense 1 year and my expired card. I have no problem re-entry and the officer didnt take my card.

Hope this help

[poons02 0]

This brings up another question based on the memorandum letter which I just printed (in Poons02 message). It says on the letter that the the BCIS officer should "collect the expired form I-551 (green card?) and issue either..... etc. etc Does this mean when she returns to the US they will take her expired green card at that time and not return it? Maybe this is a stupid question. thanks.

Hi. In the memorandum, it says that the BCIS officer will collect the expired green card and give I-551 stamp, only if the Green card has expired AND I-797 NOA has also expired. If you have a valid I-797 NOA and travel within its validity period, they will not collect your green card.

Quote from the memo

"If a conditional resident whose I-551 has expired and whose I-797 has “expired” or is about to “expire” requests documentation of his or her status for travel or employment purposes, the Bureau of Citizenship and Immigration Services (BCIS) officer who is processing this request should first check MFAS. If the Form I-751 is still pending, the BCIS officer should collect the expired Form I-551 and issue either:

• A temporary I-551 stamp with a 12-month expiration date in the conditional resident’s unexpired, foreign passport (if the expiration date of the passport is one year or more); or

• If the conditional resident is not in possession of an unexpired foreign passport, a Form I-94 (arrival portion) containing a temporary I-551 stamp with a 12-month expiration date and a photograph of the conditional resident."

Hope this answers your question.