Out of USA 9 months, trying to return.

[Boiler 45,516]

The quickest option would be to use a different airLine.

[varming 2]

Totally a LOT problem. When trying to deal with them you want to quote visa information provided by USCIS and Timatic (the visa database every known airline use to look up visa requirements, see below). The main issue with the current Timatic entry is that the agent must follow the link following the sentence "An expired Permanent Resident/Resident Alien Card (Form I-551) with a 10-years validity at time of issuance, is acceptable. Note: For details, click here". Only by reading the entry for the 10 year expired GC can you see that an expired 2 year GC with an I-797 extension is valid for entry into the US. This is one of those issues where it really helps to be prepared for the airline way of operating.

Best wishes obtaining a refund. As LOT is a Polish airline (and you were supposed to board outside the EEA), you should file a complaint with the Polish enforcement body for EU rule 2004/261 and claim that LOT denied them boarding in spite of their permanent residency in the US (check the procedures for this). A complaint to the US DOT is also in order. Remember to start with the airline (following the EU complaint path) and demand that they reimburse the tickets and extra expenses that you have incurred because of their incompetence.

One final note. You can access the Timatic information on KLM's website: https://www.klm.com/travel/us_en/prepare_for_travel/travel_planning/travel_clinic/visaform.htm

National Ukraine (UA) /Residence USA (US)
Embarkation Ukraine (UA) /Transit Poland (PL)
Destination USA (US)
ALSO CHECK DESTINATION INFORMATION BELOW


Poland (PL)


TWOV (Transit Without Visa):
Visa required, except for Holders of onward tickets for a max.

transit For details, click here time of 24 hours *Note: TWOV is not
possible when arriving from a non-Schengen Member State AND
departing to a Schengen Member State For details, click here





Poland (PL)


Vaccinations not required.



USA (US)



Passport required.
- Residents of USA must hold passports and/or passport
replacing documents valid on arrival.
- Passports issued to nationals of Ukraine must be valid for

the period of intended stay.
Passport Exemptions:

- Residents of the USA when holding:
- Permanent Resident/Resident Alien Card (Form I-551);
- US "Permit to Re-Enter" (Form I-327);
- Holders of a Form I-512 ( Authorization for Parole of an

Alien into the United States").
- Holders of a Temporary or Emergency passports.
- Holders of a Transportation Letter:


Visa required, except for Residents of the USA if holding:
- Permanent Resident/Resident Alien Card (Form I-551);
- US "Permit to Re-Enter" (Form I-327);
- Employment Authorization Card (Form I-776), provided

endorsed "Serves as I-512 Advance Parole" or "Valid for
Reentry to US";
Visa required, except for Holders of a Form I-512
( Authorization for Parole of an Alien into the United

States").
Visa required, except for Holders of a Transportation

Letter":
Minors:
- Children, up to/incl. 15 years of age, excluding nationals

of the USA and nationals entitled to travel under the US

Visa Waiver Program (V.W.P.), are allowed to travel on their
parent's passport. A person included in the passport of
another may not use the passport for travel unless he/she is
accompanied by the passport holder.
- Minors traveling unaccompanied, or accompanied by one parent
or a person other than parent/legal guardian,
For details, click here.
- Visa required, except for minors seeking residency; provided
minor is under 2 years of age, and For details, click here

Additional Information:

- An expired Permanent Resident/Resident Alien Card (Form
I-551) with a 10-years validity at time of issuance, is

acceptable. Note: For details, click here
- If the passport shows a stamp "processed for I-551 temporary
evidence of lawful admittance for permanent residence valid
until receipt of I-551 employment authorized , such stamp is

to be considered Form I-551.
- Transportation letters issued to lawful permanent residents

of the US are being replaced by "Lincoln Boarding Foils".
For details, click here





USA (US)


Vaccinations not required.


Warning:
- Those entering on a K-1 or K-2 visa must hold a medical form
FS398 and X-ray plates of chest (full size not necessary).
To facilitate handling upon arrival considerably, passengers
are advised to have these health documents ready in their
hands as they must have them at hand for the health control,
which takes place immediately after disembarkation.


CHECK TINEWS/N1 - TURKEY: VISA ON ARRIVAL FACILITY TO BE
ABOLISHED

USA (US)

Additional Information:

- An expired Permanent Resident/Resident Alien Card (Form
I-551) with a 10-years validity at time of issuance, is

acceptable. Note: this exemption does not apply to

Conditional Residents holding I-551's with 2-year

expiration.

In addition to the 2-year expiration, these cards are

identified by the Category Code CR(numeral) . Generally the

numerals are 1, 2 or 6. The Category field is to the right
of the birth date field on the front of the I-551.
Conditional Residents can be boarded with an expired I-551

if holding a I-797 Notice of Action extending the card for

an additional year.

Expired Form I-551 is also accepted if holding:
- a Transportation Letter issued by a United States Consular

or Immigration officer;

- civilian or military official travel orders issued by the
United States Government;
- or is included as dependent spouse or child on the
civilian or military official travel orders issued to the
alien's spouse or parent by the United States Government.

CHECK TINEWS/N1 - TURKEY: VISA ON ARRIVAL FACILITY TO BE
ABOLISHED

[needs help 0]

Thanks, everyone for all the detailed information. I will work on it.

When we filled out the form I 751 to remove conditions on residence, my wife's daughter was listed on Part 4. Information About Your Children. My wife got a I-797 Notice of Action a few weeks later.

Daughter did not get a I-797. Instead, she got a letter that I will as follows:

NEPARTMENT OF HOMELAND SECURITY

USCIS

850 S STREET

P.O. BOX 87751

LINCOLN NE 68501-7751 REF NO:XXXXXXXXXXXXXXX DATEXXXXXXXXXXXXXXXX

VERIFICATION OF INCLUSION OF A DEPENDENT IN FILING OF FORM I-751

PRINCIPAL ALIEN: XXXXXXXXXXXXXXXXXPRINCIPAL'S RECEIPT NO;XXXXXXXXXXXXXXXXXXPRINCIPAL'S A-NOXXXXXXXXXXXXXXXXXXXX

This is to verify that you are included as a dependent in the request for removal of conditions filed by the avove-named principal alien of the date indicated. This verification extends the validity of your alien registration receipt card and allows you to remain in the United States, with work authoriaztion for one year from the filing date, or until a final decision is made on the request, whichever comes first. You may travel outside the United States and return during this one year period upon presentation of both your alien registration receipt card and this verification.

Sincerely, Mark Hazuda, NSC DIRECTOR

Now, I think the letter is very clear to me. Wife had the orginal I-797, daughter had the orginal letter shown above.

LOT questioned that the above letter was valid. IS THERE ANYONE OUT THERE WHO ALSO RECEIVED SUCH A LETTER?

When the letter for daughter arrived, I called USCIS at the 1-800 number. They told me that daughter would not receive a I-797 since she was included in her mother;s application, and that the letter we received was all she needed to enter USA.

[MCGCB 3]

They Travel from Ukraine to another country. That country will be their port of entry. I think its the airline or the country policy that is messing with the rights of your wife and daughter. Based on the USCIS guidelines which you can search in their website, your wife and daughter can enter the US.

[needs help 0]

A Ukrainian does not need a visa to enter Poland just to be at the airport for a couple of hours and change flights. This is the same as in most Euorpean countries.

[Dave&Roza 748]

I would have her go to another airline and see what they will do as a 2 year GC or a 10 Year GC is the same as far as rights and responsibilities go--the only difference this the LPR status of a 2 year GC hold expires when the 2 year GC expires because they must remove the conditions placed on the GC. A 10 year GC expires but the LPR status does not--that is the only difference between the two. She could also go to the US Embassy and get a travel document that maybe LOT will recognize and let her board the airplane. I have seen over and over here on VJ where the airlines screw up people's lives because they do not know or understand about US immigration law, but they "enforce" it because they do not want to let a potential reject by CBP onto the airplane and then have to deal with them. Better to just deny boarding. That is why it is always prudent to check with your airlines if you have anything besides a passport and GC.

At this point the cost of an airline ticket is not as important as getting your wife and her daughter back in the US for the AOS bio appointment, otherwise you will need to start all over again with a spousal visa and if you file in time with the daughter. We all get that letter and as long as it is the original and not a copy LOT is SUPPOSED to accept it. I would try KLM, Lufthansa, Aeroflot as I know KLM and Lufthansa will accept the extension letter as I asked.

Good luck,

Dave

Edited March 2, 2014 by Dave&Roza