Green card expires while abroad

[Brentzilla 0]

Hello all,

My green card will be expiring while I'm studying abroad for a year in Israel. I leave in 2 weeks, my green card expires in 9 months. So its too soon to apply for a new one now. I've been told by USCIS that I can E-File the I-90 while I'm out there and potentially postpone the biometrics appt until I get back, and that my E-File receipt will be enough to get back into the US. But I haven't been able to receive verification from Customs and Border Patrol that this is accurate, because I can't actually find a way to speak with anyone.

Does anyone have any advice on this situation?

Edited September 12, 2013 by Brentzilla

[my youte 1]

Hello all,

My green card will be expiring while I'm studying abroad for a year in Israel. I leave in 2 weeks, my green card expires in 9 months. So its too soon to apply for a new one now. I've been told by USCIS that I can E-File the I-90 while I'm out there and potentially postpone the biometrics appt until I get back, and that my E-File receipt will be enough to get back into the US. But I haven't been able to receive verification from Customs and Border Patrol that this is accurate, because I can't actually find a way to speak with anyone.

Does anyone have any advice on this situation?

First off you may want to look into getting a re-entry permit since you will be going for a year. That is probably the most important thing.

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=3f443a4107083210VgnVCM100000082ca60aRCRD&vgnextchannel=3f443a4107083210VgnVCM100000082ca60aRCRD

[Brentzilla 0]

First off you may want to look into getting a re-entry permit since you will be going for a year. That is probably the most important thing.

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=3f443a4107083210VgnVCM100000082ca60aRCRD&vgnextchannel=3f443a4107083210VgnVCM100000082ca60aRCRD

I should be gone for between 10 and 11 months, though there is a the possibility of staying longer assuming I can get all these ducks in a row. As such I wasn't planning on getting a reentry permit since I probably won't need it and its almost $500 altogether. Can I apply for it while abroad to remain flexible with my plans, or is that something I need to do before leaving?

Edited September 12, 2013 by Brentzilla

[Pitaya 2,577]

~Moved from Family-based AOS to Working and Traveling During US Immigration Forum~

~Duplicate posting removed, please refrain from posting same topics in multiple forums~

[Harsh_77 718]

If you are planning to be gone for 10-11 months re-entry permit is good choice.

[my youte 1]

I should be gone for between 10 and 11 months, though there is a the possibility of staying longer assuming I can get all these ducks in a row. As such I wasn't planning on getting a reentry permit since I probably won't need it and its almost $500 altogether. Can I apply for it while abroad to remain flexible with my plans, or is that something I need to do before leaving?

You would need to get it before leaving. But if you are sure that you will be back then there is no need. Sometimes they question you if you stay more that 6 months. But as long as you can show that you are living here then you should be ok.

[milimelo 4,582]

How many years on your green card - IE, is it a 2-yr card or a 10-yr card?

If 2-yr card, you have to lift conditions 90 days before expiry of the green card. If 10-yr one, file I-90.

[Brentzilla 0]

If you are planning to be gone for 10-11 months re-entry permit is good choice.

I'm getting conflicting information about this. I've been told by most people at USCIS and Customs that if I'll be abroad for less than 1 year I won't need the re-entry permit, but then several people have also reiterated what you've said. At $445 for a permit, I'd prefer to save the money, but I also want to make sure that I'll be safe to return with no hassle. So why do you say it'd be a good choice?

[Brentzilla 0]

How many years on your green card - IE, is it a 2-yr card or a 10-yr card?

If 2-yr card, you have to lift conditions 90 days before expiry of the green card. If 10-yr one, file I-90.

Its a 10-year card

[himher 634]

We were out for just over 11 months and got questioned but there were no other consequences.

Make sure when you return you have a drivers license and address and all the other ancilliaries and necessaries to show that you maintained a US residence

If you are outside the United States and your green card will expire within 6 months (but you will return within 1 year of your departure from the United States and before the card expires), you should file for your renewal card as soon as you return to the United States.

If you are outside of the United States when the card expires and you have not applied for the renewal card prior to your departure, you should contact the nearest U.S. Consulate, USCIS office, or U.S. port of entry before attempting to file Form I-90 for a renewal green card.

I believe that the above would really make me nervous. I don't believe I would recommend being outside the US with an expired green card and no pending renewal application. That seems like a really good way to hear "sorry sport you need to start all over".

The best place to check is not local USCIS. It would be the US embassy in Tel Aviv and I would check with them before you depart.

Edited September 13, 2013 by himher

[Brentzilla 0]

SOLUTION: from what I've been told, these are the steps to take in order to secure passage back into the US:

1. E-file the form I-90 (Green Card Renewal Form) once I'm within 6 months of my green card's expiration date from abroad.
2. Use domestic address when e-filing that my paperwork will be sent out to.
3. Receive I-797 form at domestic address and have it sent to me abroad. Faxed is OK as long as you can articulate why its not the original copy.*
4. Postpone Biometrics Appointment indefinitely (until I get back) OR include a letter in the correspondence specifying a better date/time frame and the USCIS people will likely honor that
5. When returning and going through US customs, have with you:
   1. Expired Green Card
   2. I-797 form (Notice of Action form). Serves as a receipt of an I-90. Also effectively extends the validity of the Green Card for an additional year.*
   3. Photo ID (driver's license, etc)
   4. Other travel documents that may help (ie. plane tickets, school documents, etc)

*Asterisk and italics refer to information that was given to me by individual customs officers but hasn't been verified elsewhere. Any information on these points by anyone reading would be very helpful.

I do not mean to imply that this is THE foolproof way to do this. Rather that this is the story that has been corroborated by enough people from the various government departments that I, personally feel confident in it. I would recommend attempting to verify my experience and information with USCIS/US Customs before simply taking my word for it. You may find that you receive conflicting information from different folks, but be persistent and try to speak with people who seem to know what they're talking about. I found that speaking with the Customs folks at any major airports was the best way to get the information needed. Don't even both trying to find a human to talk to through the CBP.GOV (Customs & Border Patrol) website.

I don't believe I would recommend being outside the US with an expired green card and no pending renewal application. That seems like a really good way to hear "sorry sport you need to start all over".

The best place to check is not local USCIS. It would be the US embassy in Tel Aviv and I would check with them before you depart.

I will have a pending renewal application because I'll have E-filed the I-90 by that point and I'll have the I-797 acting a receipt. Its a good idea on the embassy. I tried checking with them previously, but had no luck in reaching anybody. I'll be sure to try again.

[Harsh_77 718]

I'm getting conflicting information about this. I've been told by most people at USCIS and Customs that if I'll be abroad for less than 1 year I won't need the re-entry permit, but then several people have also reiterated what you've said. At $445 for a permit, I'd prefer to save the money, but I also want to make sure that I'll be safe to return with no hassle. So why do you say it'd be a good choice?

GC is for maintianing perm residence in US and when one is out of US for 10-11 months means he is not residing in US but somewhere else.

Having a re-entry permit just basically covers you and officer at POE cannot give you hard time about it.