n-400 pending, greencard expiring, should i return to the states to wait for the interview?

[johnmorgan 0]

Are you going though the ROC stage? Still long delays, one time my wife came back with an expired conditional green card, but had her one year original certificate with her, no problems getting in.

A second time, had to show her I-551 stamp in her foreign passport book, but also had her expired green card with her, again no problems getting back in. She was never checked leaving or even coming back from her home country. But where ever you land in the USA at an international airport with a POE, that is where she was checked.

ROC conditions was the worse stage for us, and ironically that green card is only good for two years with a three year wait for citizenship. Its worthless anyway, if she asked me a question, and I didn't answer, could have claimed a divorce because I was ignoring her, a form of abuse. Got divorced and stayed her anyway. Or simply claim going back to her home country would be a hardship. And also would be certainly true with the amount of money we had to spend to bring her here. Quitting her job, selling her apartment, etc.

That wasn't our case, but just read the exceptions on that I-751 form. Crazy, but a nightmare when traveling.

ROC - not sure what that stands for?

my lawyer also says that i can re-enter with the expired greencard - he suggested getting a re-entry letter in order to be able to board the airplane bound to the states. but i believe i can board also just with my european passport, under the visa waiver program. will be checking with the local embassy about a re-entry letter first thing tomorrow morning.

[N M 96]

ROC - not sure what that stands for?

my lawyer also says that i can re-enter with the expired greencard - he suggested getting a re-entry letter in order to be able to board the airplane bound to the states. but i believe i can board also just with my european passport, under the visa waiver program. will be checking with the local embassy about a re-entry letter first thing tomorrow morning.

Unfortunately you can't just show up at the airport with an EU passport and expect to board the plane using the Visa Waiver Program. You first have to apply for (and be granted) ESTA authorization. Given that you already have a Green Card (albeit expired), it is possible that the ESTA authorization might not be granted.

Edited October 10, 2012 by N M

[ceadsearc 516]

ROC - not sure what that stands for?

my lawyer also says that i can re-enter with the expired greencard - he suggested getting a re-entry letter in order to be able to board the airplane bound to the states. but i believe i can board also just with my european passport, under the visa waiver program. will be checking with the local embassy about a re-entry letter first thing tomorrow morning.

You definitely can't use VWP. VWP is for visitors. You'd basically have to lie to CBP and say you were a visitor and not a resident and that could create a huge problem for you.

How long have you been out of the US for?

[johnmorgan 0]

You definitely can't use VWP. VWP is for visitors. You'd basically have to lie to CBP and say you were a visitor and not a resident and that could create a huge problem for you.

How long have you been out of the US for?

at this writing, 2 months. i'm planning to return anyway in about 2 weeks, but flying right at this moment would be very detrimental for the current business situation.

i would use VWP to board the plane, NOT for re-entry. i'm aware that doing so could be a huge problem.

corresponding with the overseas CBP now about what, if any, add'l options/maneuvers there could be.

Edited October 11, 2012 by johnmorgan

[johnmorgan 0]

i'm planning to return anyway in about 2 weeks.

just an update: now back home, with an in-process green card renewal application (which i filed online) in addition to the n-400.

got a re-entry letter in three copies from the overseas Customs and Border Protection office: one for the airline, one for a the entry port immigration officer, one for me. no fee for it. entering with it was no problem at all, though there was a two tier scrutiny of my paperwork - 15 minute delay. i got the impression that i would've been ok to enter even without that letter with an expired green card (as one of my lawyers had said). not sure about whether i would've been able to board the plane.

still no interview date. so now i have to find out from the local USCIS how i can travel out again in two weeks some to continue work on the overseas project with my pending status. any pointers on that?

[sib 7]

Make an infopass appointment at your local office and get the passport stamp or do you already have the renewed green card?

The stamp is as good as a card. I had one of those for years (got it renewed each year because they did not work on my removal of condition (ROC) and then I got citizenship and ROC on the same day. But now things are moving much faster!

Sib

[Grashoppr 14]

Yes, they'll extend your green card no charge IF you filed your N-400 with at least 6 months remaining on the GC. I filed a few days before the 6 month window (6 months +3 days) and my priority date is 6 months + 1 day before it expires. Filed 6/29, priority date 7/2, GC expires 1/3/13. I was concerned that my GC would expire before my N-400 process is complete (still in line for interview as of today). I went for an Infopass on 7/31 and the agent stamped my CDN passport for one more year (usually they give you 6 months - not sure why he put a year on it - hope it doesn't mean I'll be waiting a lot longer for my interview!

If you filed your N-400 with less than 6 months remaining on the GC then they do make you pay for a renewal.