Flying back to USA on same day Green Card expires?

[zhoffritz 0]

My husband sumbmitted his I-90 on Aug 6 for a card expiring Sept 14, and has received an I-797. It doesn't seem to have a line extending his right to travel and work, as I have read on other threads? Do all I-797 extend this right to travel? (He has the form, and is out of town, or I would grab it from him and verify it myself)

If all I-797 extend the green card, then we should be good for leaving the UK to go back to the USA on the same day the green card expires, right?

Now, what if we don't have that extension and the card expires on the 14th? The green card is supposed to be valid THROUGH the 14th, will the airport people in the UK--or USA Customs--know this? Or will we be in trouble trying to catch a flight in the 14th?

Lastly, if something goes wrong and we must fly later, on the 15th, can he 1: get on the plane to the US using just his British passport, and 2: Can US Customs look up his case using the receipt number, or green card, and let him through? Or will it be a big nightmare?

Thanks so much to anyone who can help. We're trying to book a big trip, and I'm afraid for us to fly back on the day of expiry, but that's the only way we can do it!

[Harpa Timsah 13,258]

Has your husband been a LPR for only 2 years? If so, then he filed the wrong form, and he needs to file a I-751 to remove conditions on his residency. The I-90 is to renew a permanent GreenCard that expires every 10 years.

[zhoffritz 0]

Thank you for your response. His expiring green card is a 10-year green card.

Has your husband been a LPR for only 2 years? If so, then he filed the wrong form, and he needs to file a I-751 to remove conditions on his residency. The I-90 is to renew a permanent GreenCard that expires every 10 years.

[Harpa Timsah 13,258]

Ahh, good then As a non-conditional resident, his card expires, but his status does not expire. I don't know what exactly will happen at POE but I'd carry the old Greencard and the copy of his NOA for renewal. Hopefully someone with first-hand experience will respond. Good luck!

[CC90 90]

Ahh, good then As a non-conditional resident, his card expires, but his status does not expire. I don't know what exactly will happen at POE but I'd carry the old Greencard and the copy of his NOA for renewal. Hopefully someone with first-hand experience will respond. Good luck!

Yes, his status doesn't expire, but the card is an (expired) travel document. Without the card/visa/etc., he technically isn't in possession of the required travel documents and CBP _can_ deny him entry on that basis. They could also fine the airline if they really wanted to.

I would be optimistic, especially since you have the I-797. I'd definitely take that with you since it may have temporary extension capabilities (check the text of it). I guess it really depends if it's considered expired at 12:00AM or 11:59PM on that day!

Given the case, I would really be surprised if they turned him back, though.

However, if he flies after that date, it really might be dangerous since, even if you get it past the airline, CBP does have basis to turn him away.

Edited August 18, 2011 by CC90

[zhoffritz 0]

Thank you both for your replies.

He is the one who says the card is good through the 14th, so I will check with him on what documentation he has of that fact for us to show on arrival. I hope there's something! We will certainly bring the I-797 along. And copies.

I wish we didn't have to worry about this, but I can't yell about procrastination too much because I do it too.

Harpa Timsah, it looks like your husband was just approved yesterday? Congratulations!

[CC90 90]

Please be sure to let us know how it goes! Good luck.