Out of status? help!

[Partita 17]

Hi VJers,

My husband's 10 year GC was approved on April 29th - though we still haven't gotten the card. What's up with that?

Anyway, on May 14th he went home to visit his family. He left with his expired 2 year GC, the extension letter for one year (through Oct 2013), and his approval letter.

I was given to understand that his extension letter would be sufficient documentation for him to be able to return in August. Recently, though, someone on VJ told me that he was now out of status since he now has his approval letter and that he should go to a US consulate in Italy to get an I-551 stamp. I have emailed the consulate in Naples but still haven't heard back.

Anyway, my question is: do we need to worry about his being able to come home? What is his status now? I was also thinking of FedEx-ing him his GC when it arrives, but various people have cautioned me against it in case it gets lost.

So, I would appreciate the collective wisdom of this forum in this matter.

Thank you!

Technically, he is not out of status, but it could be quite a risk when at the POE. Is it possible to get a stamp at the US embassy ?

Sometimes it is hard to explain a non-standard situation to the airline personal as well because they are not familiar with all the details.

I wish you best of luck, and I hope everything goes smoothly for you!

Best,

Partita

[ppihtr123 68]

very interesting debate.

My take: The "Conditional" part of the greencard merely sets the termination date of LPR status as it is equal in every other aspect to IR. The letter extends that expiration date by 1 year. The issuance of new card (IR) extend it further by X years. It is not like your A number, file number or anything else changes!

[Calypso 464]

I traveled to the Philippines for more than a month last year with a physically expired green card, valid passport (no stamp), and original extension letter. Nobody asked for my extension letter. No one ever questioned me why I was holding an "expired" green card.

Your husband is not out of status. I don't recommend mailing him his 10-year-green card either. That might be lost in the mail and just make things bad. Let him enjoy his vacation.

[Calypso 464]

Why does the word conditional matter? You are already a legal permanent resident even with a two-year green card.

[dtsexpert 20]

I traveled to the Philippines for more than a month last year with a physically expired green card, valid passport (no stamp), and original extension letter. Nobody asked for my extension letter. No one ever questioned me why I was holding an "expired" green card.

Your husband is not out of status. I don't recommend mailing him his 10-year-green card either. That might be lost in the mail and just make things bad. Let him enjoy his vacation.

Your situation is different because your case was pending at the time you travelled. Please reread the first post.

Her husband ROC has been approved. This is what we are debating so far. The OP misunderstood and stated her husband is out of status.

All of us here are giving her pretty much our own opinion base on or experience

It's up to OP to decide what she thinks is best for her husband situation.

[Calypso 464]

Your situation is different because your case was pending at the time you travelled. Please reread the first post.

Her husband ROC has been approved. This is what we are debating so far. The OP misunderstood and stated her husband is out of status.

All of us here are giving her pretty much our own opinion base on or experience

It's up to OP to decide what she thinks is best for her husband situation.

Like I've said, even if it's only a two-year-GC you are already a legal permanent resident. That is your status. When I traveled last year, no one asked for my extension letter because when they swiped my physically expired GC, they saw it in the system what my current status was-- I was still a legal permanent resident. Do you think it will make the situation of the OP's husband any different just because his I-751 was approved? If they enter his A# or swipe his green card, will they not see his current status... that he is still a legal permanent resident?

Edited June 15, 2013 by Calypso

[hnubno 9]

i would think that it depends on the airline. if they know how to deal with these kind of documents. usually at POE they probably see it alot but airlines sometimes they do want they want to do.

[dtsexpert 20]

Like I've said, even if it's only a two-year-GC you are already a legal permanent resident. That is your status. When I traveled last year, no one asked for my extension letter because when they swiped my physically expired GC, they saw it in the system what my current status was-- I was still a legal permanent resident. Do you think it will make the situation of the OP's husband any different just because his I-751 was approved? If they enter his A# or swipe his green card, will they not see his current status... that he is still a legal permanent resident?

You don't get the point we are debating here. No one ever said anything about legal or illegal staus here.

We are debating whether or nor he has difficulty dealing with airlines as well as the IO when coming back to the States.

Reread the whole debate again please. He is now a 10 years GC holder, he should have it while travelling abroad.

The matter here is he left the States without it and use the expired 2 years GC with the extension letter.

The IO might or might not give him a hard time, no one here knows.

Let says the IO gives him a hard time asking why he travels with expried GC and where is his 10yrs GC, off course he can explain the whole situation, but doesn't he dare telling the IO that everything should be on the system, can you check the database?

I still stand on the ground having the I-551 stamp on the passport.

Well, it's all about our choices.

For sure, her husband is not going anywhere nor deported back to his native country. You miss the point of dabating here.

[Brit Abroad 166]

He's not out of status, he simply doesn't have the proof on him that he has been granted his 10 year residency. The good news is that the computer system that the CBP check should have his current status on it. If the worst happens and CBP stop him with the extension letter and copy of the approval, you could always arrange to be at the airport WITH his new card and ask them to call for you if he encounters any problems.

Getting the I-551 stamp at the Embassy would help, definitely, but it's not like CBP can't verify his status and it would be petty of them to refuse to do so.

EDIT: The airline will not have details of his status. They do not have access to Immigration records for the US. What they WILL have is a letter giving him an extension period of a year. If he is within that period, there should be no problem. Most airlines are VERY experienced at handling these documents.

Edited June 15, 2013 by Brit Abroad

[grinchus 11]

Hi everyone,

I am the OP and I wanted to chime in and thank everyone again for your contributions to this topic. I will summarize here what I understand to be true, and what I am planning to do.

I agree with the majority assessment that my husband is not out of status. It is not ideal that he doesn't have the 10 year GC in hand, but it simply wasn't ready by the time he had to travel. What he does have - his expired GC and the extension letter that states very clearly that he has been renewed until October 2013, and that he can travel outside of the US - is, I believe, sufficient documentation to allow him to come back without any problems, even without an I-551.

I will tell him about what I have learned from this thread, and also that some people have recommended he get the I-551 anyway. I will let him choose whether to make the trip to the consulate in Naples. He is the one, after all, who will have to make the trek there. I will share with him my opinion that he is probably fine w/o it, but it certainly couldn't hurt to get it for additional peace of mind.

I will also meet him at the airport when he returns w/ his 10 year GC. When they swipe his expired card they will see he is approved for 10 year, and he can explain (if he has to) the situation (i.e. that he traveled w/ his extension letter, but that his 10 year came in the mail while he was gone), and also tell them that his wife is standing just on the other side of that wall w/ his card.

So that is how I will proceed. I wish everyone the best of luck in your visa journeys!