Travel while Green Card Removal of Conditions is Proccessed

[JBean 0]

My husband's father recently passed away and we were hoping to go to India in the next month to be with his family. From what I understand he is legal to travel with the I-797C, but since he should be approved for his green card in the next few weeks anyway we were thinking it would be best to wait until he gets his approval just in case they decide to give him a hard time on the way back in. However, having done some poking around, I see that he will not actually get his new green card right away when he is approved and will just get another sheet of paper while we wait weeks more for the actual card. Can anyone tell me whether he will be permitted international travel after he gets the paper approval but before he gets the card? Does anyone have experience traveling with the I-797C or with the paper approval (especially to India)? Would it be better for us to wait or should we go right away before the approval?

Thanks for any insights or experiences,

Jillian

[himher 634]

I am not sure why travel to india would be classified under some unique or special case.

The ROC receipt letter with 1-year extension + the expired green card is all that is needed for travel while ROC is under processing.

Just need to return before that 1-year extension is up.

[Richard-Y-Abigail 18]

Hi,

I never heard of anyone travelling with this document. Perhaps I do not know which one you are talking about, but if it is the one that says that your I-485 has been received, and is being processed, then I would say, No. Never heard about this piece of paper either. There are just three ways an applicant can travel during this process, with an AP, with the GC stamp inside the passport, and with the official green card itself.

What exactly does the paper say? What does the I-797C say? Seems a little weird to me.

[~happyndinlove~ 540]

Hi JBean, I am sorry for your (husband's) loss.

I can see you (two) have submitted your petition on the 3rd of July. Based on the current Vermont processing time(line), (us) July filers won't be hearing anything prolly until late February - (early of) April, apparenlty. Sucks, I know. Who knows you may hear somthing before then.

As for the travelling, yes, your husband can travel outside the States with his (expired) GC and the original copy of his extention letter, freely. However, it is best that he get the I-551 stamped on his passport in order to avoid trouble at the airport.

By the way, if you wish, I can add your timeline to the I-751 July 2011 Filers thread. Just lemme know...

[Stephen + Elisha 92]

If you use your NOA1 (I-751 Receipt Notice on Form I-797) with the expired green card as proof of your status for travel, make sure you bring the original. Others have posted here of having trouble at the airport due to having only brought a photocopy.

[JBean 0]

Thanks for your responses everyone. Sure happyndinlove - you can add me to the list. According the USCIS website the current processing time was 7.1 months when I checked yesterday, which is mid-February. Have you heard something to indicate that it actually takes longer than that? Do you know anything about what travel is permitted after approval but before the card is in hand?

Steven+Elisha - thanks for the tip about bringing the original.

Richar-Y-Abagail - the letter says "during this one year extention you are authorized employment and travel". ButI am beginning to think that getting the stamp for piece of mind might may be the way to go even though the old green card and 797-C *should* be all that's required...

Jillian

[lovelyalex 99]

I know a lot of people that have travelled in this process, via air, came back into the country and handed over their greencard, and then was given it back before they could even show them the extension letter with no problems... their green card electronic information once scanned must have shown the updated date and that they had received an extension.

[Harpa Timsah 13,258]

Hi,

I never heard of anyone travelling with this document. Perhaps I do not know which one you are talking about, but if it is the one that says that your I-485 has been received, and is being processed, then I would say, No. Never heard about this piece of paper either. There are just three ways an applicant can travel during this process, with an AP, with the GC stamp inside the passport, and with the official green card itself.

What exactly does the paper say? What does the I-797C say? Seems a little weird to me.

THe original post is talking about Removal of COnditions, NOT AOS and a I-485.

[Brother Hesekiel 2,236]

Yes,

you can travel with the NOA1 which automatically extends the validity of your Green Card for one more year. Keep in mind though that eventually the NOA2 will arrive in your mailbox, and that's the letter telling you when and where you have to show up for your biometrics appointment. Since it's rather unusual to have an interview at the RoC stage, it would be best to wait until you have received the NOA2, then do a walk-in biometrics, and then leave. Just make sure somebody checks your mailbox, just in case you are being called in for an interview.

[Stephen + Elisha 92]

I know a lot of people that have travelled in this process, via air, came back into the country and handed over their greencard, and then was given it back before they could even show them the extension letter with no problems... their green card electronic information once scanned must have shown the updated date and that they had received an extension.

Yeah, the updated information should show up in the CBP database as soon as the immigration officer at POE scans the green card. Where I suspect people might have trouble without the original letter is at airline check-in. They always check travel documents to make sure the passenger will be able to get into the country to which they're traveling—because the airline is responsible for returning anyone who's denied entry to their point of origin.

[himher 634]

You are referring to adjustment of status (I485) and no such document exists.

When you file for lifting conditions (ROC) which is what is being discussed your NOA1 receipt notice grants an automatic 1-year extension on the existing green card and THAT is the document that you travel with.

I do know a girl who left the US and forgot the document. When she arrived back in the US (LAX) she caught holy hell for entering with expired green card and ended up in secondary for an hour or so while they sorted it out. They let her in but it was a close call LOL

Check-in (which I also am aware causes problems requires (usually) a call to the US number corresponding to the airling being used and they sort it out at the counter. Be prepared if necessary to make that call.

I have never heard of anyone being refused a boarding pass but yes there is occasionally a problem at the ticket counter until the question gets kicked upstairs.

Hi,

I never heard of anyone travelling with this document. Perhaps I do not know which one you are talking about, but if it is the one that says that your I-485 has been received, and is being processed, then I would say, No. Never heard about this piece of paper either. There are just three ways an applicant can travel during this process, with an AP, with the GC stamp inside the passport, and with the official green card itself.

What exactly does the paper say? What does the I-797C say? Seems a little weird to me.

[Deep2009 18]

First sorry for your Husband's and your loss.

I agree with "~happyndinlove~" to have stamp on passport.

He should not have any issue entry back to US with his "valid passport", "expired GC" and "original extension letter".

But, you need to satisfy the Indian Immigration, they also verify the person's documents while exiting out of India.

If you can get info pass and get a year extension stamp on his passport and travel with all 3 other documents, he should be fine. Good luck.

Edited January 30, 2012 by Deep2009

[Darnell 8,479]

Hi,

I never heard of anyone travelling with this document. Perhaps I do not know which one you are talking about, but if it is the one that says that your I-485 has been received, and is being processed, then I would say, No. Never heard about this piece of paper either. There are just three ways an applicant can travel during this process, with an AP, with the GC stamp inside the passport, and with the official green card itself.

What exactly does the paper say? What does the I-797C say? Seems a little weird to me.

This is specific to a ROC case. So, not useful to review any I-485 paperwork / receipts that you may have, is instead on ROC processing, not AOS processing.

[bluehills73 2]

Thanks for your responses everyone. Sure happyndinlove - you can add me to the list. According the USCIS website the current processing time was 7.1 months when I checked yesterday, which is mid-February. Have you heard something to indicate that it actually takes longer than that? Do you know anything about what travel is permitted after approval but before the card is in hand?

Steven+Elisha - thanks for the tip about bringing the original.

Richar-Y-Abagail - the letter says "during this one year extention you are authorized employment and travel". ButI am beginning to think that getting the stamp for piece of mind might may be the way to go even though the old green card and 797-C *should* be all that's required...

Jillian

Hi Jillian, I had the same situation and my Mom had a heart attack and I need to travel to India. So I took an info pass and went to US embassy and had the I-551 stamping in my passport which is valid for one year from the date its stamped. So, you can avoid the delay in the customs and clearnce on your way back to US.

I hope that helps.

[~happyndinlove~ 540]

Thanks for your responses everyone. Sure happyndinlove - you can add me to the list. According the USCIS website the current processing time was 7.1 months when I checked yesterday, which is mid-February. Have you heard something to indicate that it actually takes longer than that? Do you know anything about what travel is permitted after approval but before the card is in hand?

Jillian

You're welcome Jillian. Cool.

Based on other's ROC approvals, yes, it is apparently taking that long. As for the permession, no...

The GC usually hits in the mail within a week after the approval, so the best option would be wait for it before tavelling and /or do the I-551 as I and others have suggested.

All the best....

Edited January 31, 2012 by ~happyndinlove~