Left the country during removal of conditions

[newacct 688]

This is what the OP said in response to that. "Yes, this is her second round of biometrics. She had left on the extension letter after she filed to remove conditions."

I have no idea why she has a 2nd round of biometrics or why she allowed the extension letter to expire. She also seemed to reject the opportunity for AP. Seems she abandoned her ROC to work in her own country.

The OP said that she was able to reschedule the biometrics after missing it, and that's why now she has an upcoming second round of biometrics. However, the reason the OP gave for her missing the first round was that the card was expired and she couldn't come back.

[chicha 9]

Then she returned again because she wanted to make sure she gets back before the extension letter expired. The assumption was they will contact her before the extension expires but they did not. She waited and waited but she couldn't take it anymore and left.

That was a wrong assumption as they can contact us any time. She also made a mistake of not getting I-551 stamp before she left again, to prepare for the event she needs to come back to do something about the process. Not to mention there are some requirements of staying in the US for certain time to indicate she is not abandoning her conditional residence.

With all damage being done, getting the transportation letter as newacct said may salvage the situation. Her status is still legal and not terminated in the system and she just doesn't have a stamp or a piece of paper to travel back.

[IcezMan_IcezLady 582]

Just a friendly advise to your sister-in-law, she has to be proactive about this immigration process if she wants to be able to live here. Lackadaisical attitude does not work well here. If you want something you fight to get it.

If she was expecting something and it never came so she gave up and left...Hopefully, she has learned her lesson.

[nightingalejules 678]

Greetings,

What are the implications of leaving the country during removal of conditions? My sister-law went home during the process and she was asked to do fingerprints but she couldn't come back for them as her card is expired. We asked to reschedule which they did- now they sent her another request for fingerprint.

Any suggestions? Can we ask so she do fingerprint overseas?

Thank you.

She should have gotten a paper which, in combination with the expired GC should allow her to return to the US for her biometrics.

[Cheezees 1,514]

She should have gotten a paper which, in combination with the expired GC should allow her to return to the US for her biometrics.

She had the extension letter, which she allowed to expire. She also refused to apply for advanced parole. In the absence of both, she again failed to return and get an I-551 stamp which would allow her to travel.

Now she has missed the biometrics and cannot return for the 2nd (because of the above 3 reasons). Sorry OP, but I don't think I've seen this level of negligence concerning a GC. No SSN either? How did she file taxes previously? Did she? I am not so convinced she had any intention of becoming a US resident. Even if somehow she could return I would think an IO would scrutinize her case even more than I would.

[newacct 688]

She also refused to apply for advanced parole.

Advance Parole is not applicable. Permanent residents can't get advance parole. Maybe you were thinking of re-entry permit?

Edited August 11, 2016 by newacct

[Cheezees 1,514]

That does not seem correct. Here is an excerpt from the instructions:

"Reentry Permit A Reentry Permit allows a lawful permanent resident or conditional permanent resident to apply for admission to the United States upon returning from abroad during the permit’s validity without the need to obtain a returning resident visa from a U.S. Embassy or U.S. Consulate."

The form has been found at: https://www.uscis.gov/sites/default/files/files/form/i-131instr.pdf

Advance Parole is not applicable. Permanent residents can't get advance parole. Maybe you were thinking of re-entry permit?

I see you edited your post. Yes, it's the re-entry permit!

[nightingalejules 678]

She had the extension letter, which she allowed to expire. She also refused to apply for advanced parole. In the absence of both, she again failed to return and get an I-551 stamp which would allow her to travel.

Now she has missed the biometrics and cannot return for the 2nd (because of the above 3 reasons). Sorry OP, but I don't think I've seen this level of negligence concerning a GC. No SSN either? How did she file taxes previously? Did she? I am not so convinced she had any intention of becoming a US resident. Even if somehow she could return I would think an IO would scrutinize her case even more than I would.

Wow, yeah... Saw this in my daily digest and didn't see all the responses. You're right, I think. These are not the actions of someone who really wants to stay in the US.

[Cheezees 1,514]

Wow, yeah... Saw this in my daily digest and didn't see all the responses. You're right, I think. These are not the actions of someone who really wants to stay in the US.

I know, it's very weird. She has no SSN and cannot work so during the ROC, a time to "re-establish" her residency, she chose to not apply for a SSN, but to leave the country to live and work somewhere else. These are not the actions of someone who is serious about being a LPR. The OP urged her to get a re-entry permit/(advanced parole) and she declined. Even if she had received the biometrics notice before she left, she would still be in the same predicament because her extension letter would still be expired.

It does look like a transportation letter is the best option.

[Unlockable 7,315]

Op,

In regards to helping you sister in law... you can't help anyone who doesn't want to help themself.

[andy78 178]

Does anyone know if a person can obtain the I-551 stamp on their passport abroad at an American embassy, if they have the expired green card and the expired receipt notice?

[milimelo 4,568]

No, you can't get I-551 stamp overseas. May be some option if there's a USCIS office in the embassy but those are not that prevalent.

There's a list of USCIS international offices on their web.

[Dave&Roza 748]

Does anyone know if a person can obtain the I-551 stamp on their passport abroad at an American embassy, if they have the expired green card and the expired receipt notice?

Not very likely as the LPR status is expired and the I-551 is a valid indication of the person's LPR status. The best that can be hope for in this case is to go to the US Embassy/Consulate and see if you can obtain a returning resident visa. Expect lots of questions as to why the GC is expired and why the extension period has expired with no new GC. Why did you not go to a USCIS office an obtain the I-551 stamp before the extension letter expired, etc. If granted, expect more questioning upon entering the US at the POE. The CBP may decide the case warrants being reviewed by an immigration judge.

The issue here is obtaining a document that is recognized by the airlines so they will let you board the aircraft to come to the US. If you have been outside the US for more than 6 months, but less than one year it will be more difficult than if you have been outside the US for less than 6 months. Outside the US for more than 1 year and you will need very good evidence as to why 1) you have been outside the US for more than 1 year, and 2) why you have not done anything to see to it your GC was renewed.

Dave