NOA Extention - What exactly does it mean?

[Danny&Adri 1]

So after a couple of submission issues (Click here) we finally got our I-751 NOA stating that they have received our package(s). In that NOA, as I believe most of you have seen, there is verbiage stating that resident alien status has been extended for 1 year and that this NOA can be used for travel and work.

The green card that my wife has expires in June. On that green card, it notes she has work privileges so she will give a copy of this NOA to her employer. However, she does not have travel/re-entry privileges, i.e. if she leaves the country, she cannot come back (without whatever necessary paperwork that would probably take years to get.)

My question is about this NOA and the fact it says it can be used for travel. Does that mean she has been given immediately rights to leave the US and come back? Or must we still wait to get the official green card with travel privileges?

If so, is there anyone else in a similar situation that has used this letter for travel and were there any issues?

Thanks for your input.

Dan

[Immigrant2009 0]

So after a couple of submission issues (Click here) we finally got our I-751 NOA stating that they have received our package(s). In that NOA, as I believe most of you have seen, there is verbiage stating that resident alien status has been extended for 1 year and that this NOA can be used for travel and work.

The green card that my wife has expires in June. On that green card, it notes she has work privileges so she will give a copy of this NOA to her employer. However, she does not have travel/re-entry privileges, i.e. if she leaves the country, she cannot come back (without whatever necessary paperwork that would probably take years to get.)

My question is about this NOA and the fact it says it can be used for travel. Does that mean she has been given immediately rights to leave the US and come back? Or must we still wait to get the official green card with travel privileges?

If so, is there anyone else in a similar situation that has used this letter for travel and were there any issues?

Thanks for your input.

Dan

Hi Dan,

NOA serves two purposes, one it is receipt acknowledging that USCIS has received your application. Secondly it does extend work and stay for the resident up to 1 year, which is one added to GC expiration e.g. GC expires 04-01-09 will be exteneded to 04-01-10. Yes on NOA you can travel and come back, I have seen a lot of folks here on VJ didn't have a good experience while traveling on NOA as most IOs (Immigration Officers) at POE either don't know about NOA or if they do, they make the person wait for couple of hours making sure NOA is a valid document and make sure the person can enter US. Some folks here on VJ didn't have problem, but most were questioned etc.

Think of NOA as temporary GC. You have notify your employer only if they know your GC will expire, or they want you to report it, otherwise there's no need to report it. You can also use NOA as a valid document when applying for a new job. Also if your wife used SSN without restriction then also theres no need to present NOA, as employers see GC only when you use restricted SSN to verify your work authorization.

As far my knowledge goes the person who became resident due to marriage can work, stay and travel in the US until 2 Yr GC expires. I haven't seen anyone who got their 2 Yr GC with travel restrictions on them.

So IMHO if your wife had travel restrictions on her 2 YR GC she might have same rule applied to her during I-751 or even after getting 10 Yr GC.

I hope it helps.

Good Luck.

[ELW 5]

I have also never heard of a green card with travel restrictions on it.

If you are interested in traveling before getting the 10-year green card, why not make an Infopass appointment and see if they will put the I551 stamp in the passport? You can easily travel with that.

[Danny&Adri 1]

I have also never heard of a green card with travel restrictions on it.

Through the processes when my wife entered on a K1 (fiancee) visa, she was issued a green card but was told she had conditional residency. The only condition they noted was that she could not leave the US for two years. I thought that was standard for a green card issued with a K1 visa.

If that's not the standard process, what other types of conditions are there that are causing everyone to so anxiously wait to be removed, in this forum titled "Removing Conditions on Residency General Discussion"?

Dan

[Marilyn. 340]

what you heard was wrong.. you are allowed to leave the country with a conditional green card...

I am not sure why the card is called conditional.. as I don't really of any conditions that it has

people want the conditions removed so that they can get the 10 year card...

Edited May 31, 2009 by *Marilyn*

[ELW 5]

The permanent resident status is conditional, because you must prove that you did not get married only to to get a green card. To renew a conditional green card, you have to either prove that you are still happily married to the same person OR that you entered into the marriage in good faith, even if it didn't work out. The ten year green card is no longer conditional, meaning that it is not restricted to the conditions of marriage. You can renew the card for another ten years without proving you are still married to the same person.

There are no travel restrictions on a conditional green card. Only if you plan to be out of the country more than six months or a year, you should apply for a re-entry permit first. Also, you would need to be in the country 90 days before the card expires, so you can apply for the ten year green card.

Is there any physical note on your wife's green card, saying she cannot travel? Or is it just something she was (erroneously) verbally told?

[ready4ONE 5,400]

All of the rights to work, live and travel via the 2 year green card are extended for a year from the date of the cards expiration. Essentially, the NOA1 for Removal of Conditions has modified the 2 year green card in to a 3 year green card.

Your wife would be fine for travel outside of the USA.