Should I apply for citizenship when my 90 day window open in november or wait for ROC to get approved for international travel?

[bahamamama234 25]

Hello Everyone!

 

I applied for ROC (removal of conditions) nov 2016. On a marriage based green card, before I had a tourist visa, and no intent of staying in US as I had a great life planned in Brazil.

 

My dad passed from cancer in july and I did not get to see him because brazil does not accept the EXTENSION LETTER for traveling back to USA and I did not know about the emergency travel document  

 

I have a period of no work in January 2018, and wanted to go to brazil for the whole month to see my mother and brothers and grief with them (is been 2 years I don't go to Brazil or see them)

My husband, the citizen, probably won't go because he did not made enough money to spend in a brazil trip and wants to stay here to work and watch the dog.

 

My window to apply for citizenship is NOV 2017.

 

I noticed delays on approval of ROC (removal of conditions/10 year green card)

It seems like mine would only get approved around november/december.

 

Is it safe/recommended that I wait for the 10 year GC and travel to Brazil alone for 30 days and then return to US, or that I apply for citizenship first and go with my US passport?

Extra info that might help: So far I been enrolled in medical but never used it for anything, and have taken around 1500 in unemployment for those 3 years. Made around 40 thousand in 2016 in my CO TAX RETURN with husband.

 

I really want to see my family

 

Thank you!

 

 

 

[aleful 1,905]

HI

 

I think you are confused, the GC and extension letter isn't for Brazil, it's to enter the US, many people have used the extension letter to travel internationally and return to the US and have had no problem. there is no travel document for a green card holder. if anyone asks you about it, you travel with the GC and extension letter. now if the extension letter is about to expire or expiring soon and you still haven't received your 10 year GC, you can make an infopass appointment at your local office and stamp your passport with another 1 year extension of the GC, you should do that before going to Brazil

 

if the ROC delays too much, you can file for citizenship to force them to end the ROC and resolve the situation, but you will probably be in Brazil and have to return for biometrics you don't need to wait for citizenship to travel to Brazil and it's not an obligation to file immediately for citizenship, it's an option

 

by the way, sorry for your loss

Edited August 31, 2017 by aleful

[SM & EF 41]

If you are concerned about travelling with the extension letter, I'd  travel after ROC  is complete with your 10-year green card.  Naturalization will take 6 to 12 more months, so I don't think you want to wait until you have a US passport.

 

Best wishes!

[Crazy Cat 42,561]

In case you're interested, here is a link to the document which states that you can re-enter the US with an expired Green Card and extension letter.  See Page 38.

 

https://www.cbp.gov/sites/default/files/documents/Carrier Information Guide- English.pdf

[Dashinka 24,889]

I agree with the above responses, there is no need to wait for either the 10yr GC or naturalization to travel internationally.  My wife is on her second trip abroad for a cumulative total of two months combined with her expired GC and extension letter.  As to the other question, sure, go ahead and file the N400 when the window opens if it is your plan to gain citizenship.

 

Good Luck!

[bahamamama234 25]

On 8/31/2017 at 3:59 AM, aleful said:

HI

 

I think you are confused, the GC and extension letter isn't for Brazil, it's to enter the US, many people have used the extension letter to travel internationally and return to the US and have had no problem. there is no travel document for a green card holder. if anyone asks you about it, you travel with the GC and extension letter. now if the extension letter is about to expire or expiring soon and you still haven't received your 10 year GC, you can make an infopass appointment at your local office and stamp your passport with another 1 year extension of the GC, you should do that before going to Brazil

 

if the ROC delays too much, you can file for citizenship to force them to end the ROC and resolve the situation, but you will probably be in Brazil and have to return for biometrics you don't need to wait for citizenship to travel to Brazil and it's not an obligation to file immediately for citizenship, it's an option

 

by the way, sorry for your loss

 

On 8/31/2017 at 4:08 AM, SM & EF said:

If you are concerned about travelling with the extension letter, I'd  travel after ROC  is complete with your 10-year green card.  Naturalization will take 6 to 12 more months, so I don't think you want to wait until you have a US passport.

 

Best wishes!

 

On 8/31/2017 at 5:25 AM, missileman said:

In case you're interested, here is a link to the document which states that you can re-enter the US with an expired Green Card and extension letter.  See Page 38.

 

https://www.cbp.gov/sites/default/files/documents/Carrier Information Guide- English.pdf

 

On 8/31/2017 at 6:20 AM, Bill & Katya said:

I agree with the above responses, there is no need to wait for either the 10yr GC or naturalization to travel internationally.  My wife is on her second trip abroad for a cumulative total of two months combined with her expired GC and extension letter.  As to the other question, sure, go ahead and file the N400 when the window opens if it is your plan to gain citizenship.

 

Good Luck!

Hey guys! Thanks a lot for your support and information!

 

The only issue is that brazilian immigration laws want either an unexpired physical green card or the us passport to allow a resident/citizen to travel to USA. They do not recognize the Extension letter from last I checked with their immigration Rio website. Which yes is very wrong, but I guess that's just the way it is...

 

 

So I been waiting on the physical 10 year green card to go see my mom, but again window opens, even tho is inconvenient for me right now because I am going to have to read all the form and instructions and gather all documentation while working a lot and wishing I was visiting my family, I guess that's what I will have to do. Unless I see that they are approving the ROC a bit faster...

 

Also would anyone be able to tell me if the fact I have taken unemployment in the past for 2 months and have been under medical for 3 years would be a problem in my international trip when arriving back through US customs? Again, I am under coverage because we had to get it for my citizen spouse he had health issues, but I never used it.

Edited September 5, 2017 by bahamamama234

[Dashinka 24,889]

1 hour ago, bahamamama234 said:

 

 

 

Hey guys! Thanks a lot for your support and information!

 

The only issue is that brazilian immigration laws want either an unexpired physical green card or the us passport to allow a resident/citizen to travel to USA. They do not recognize the Extension letter from last I checked with their immigration Rio website. Which yes is very wrong, but I guess that's just the way it is...

 

 

So I been waiting on the physical 10 year green card to go see my mom, but again window opens, even tho is inconvenient for me right now because I am going to have to read all the form and instructions and gather all documentation while working a lot and wishing I was visiting my family, I guess that's what I will have to do. Unless I see that they are approving the ROC a bit faster...

 

Also would anyone be able to tell me if the fact I have taken unemployment in the past for 2 months and have been under medical for 3 years would be a problem in my international trip when arriving back through US customs? Again, I am under coverage because we had to get it for my citizen spouse he had health issues, but I never used it.

When does your extension letter expire?  If you are close to the extension letter expiration date which would be one year from the date of your two year GC expiration date (not the receipt date of the extension letter), then you could go to a local USCIS office and request a GC stamp (I551) in your passport which is another 1 year extension.  Otherwise, you can research the "Boarding Foil" which can be obtained at a US Consulate in Brazil (see link).  You may want to ask the specific question egarding obtaining and using a boarding foil in the Brazil regional forum for someone that may have more experience.

 

As to the unemployment question, I have no idea, but I know my wife has never been questioned about her employment status upon her return from her trips and she has been employed off and on during those trips which usually last a month or so for each trip.

 

Good Luck!

 

https://br.usembassy.gov/visas/green-card-holders/

 

Edited September 5, 2017 by Bill & Katya

[mindthegap 2,609]

3 hours ago, bahamamama234 said:

The only issue is that brazilian immigration laws want either an unexpired physical green card or the us passport to allow a resident/citizen to travel to USA. They do not recognize the Extension letter from last I checked with their immigration Rio website. Which yes is very wrong, but I guess that's just the way it is...

No, it isn't the way it is at all.

The Brazilian laws have nothing to do with it - it is US regulations that permit boarding a flight to the US, and the carrier regulations are exactly as per the previously posted link here: https://www.cbp.gov/sites/default/files/documents/Carrier Information Guide- English.pdf which is the carrier rules and regulations regarding boarding to the US.

Page 38 is VERY clear, as are the other pages.

 

If you run into issues, you demand to speak to a supervisor.

If they still persist in the error, then they need to contact the RCLG and verify.

If they deny you boarding, then you are entitled to IDB compensation.

 

Alternatively make an infopass appointment for one of the stupid stamps (an I-551 stamp) which is acts a temporary GC for a period of one year.

 

 

 

 

 

On the basis of what you have posted, you could go Brazil today if you like, and there would no reason why you would not be permitted to board a flight back to the US.

 

Edited September 5, 2017 by mindthegap

[Dashinka 24,889]

2 hours ago, mindthegap said:

No, it isn't the way it is at all.

The Brazilian laws have nothing to do with it - it is US regulations that permit boarding a flight to the US, and the carrier regulations are exactly as per the previously posted link here: https://www.cbp.gov/sites/default/files/documents/Carrier Information Guide- English.pdf which is the carrier rules and regulations regarding boarding to the US.

Page 38 is VERY clear, as are the other pages.

 

If you run into issues, you demand to speak to a supervisor.

If they still persist in the error, then they need to contact the RCLG and verify.

If they deny you boarding, then you are entitled to IDB compensation.

 

Alternatively make an infopass appointment for one of the stupid stamps (an I-551 stamp) which is acts a temporary GC for a period of one year.

 

 

 

 

 

On the basis of what you have posted, you could go Brazil today if you like, and there would no reason why you would not be permitted to board a flight back to the US.

 

I think there may be differences for Brazil where they do not recognize the extension letter with the expired GC as a valid means to board a flight to the US.  I have seen other threads mention the need for a "boarding foil" if someone is in the extension letter period.  Here is what it says at the US Brazilian Embassy site.

 

A lawful permanent resident (LPR) of the United States is required to present a valid unexpired Form I-551, Permanent Resident Card (commonly known as “Green Card”) at the airline counter if seeking readmission to the U.S. after a temporary absence of less than one year.

If you are an LPR wishing to return to the U.S. soon and you don’t have your I-551, Green Card, for the following reasons:

• Lost
• Stolen
• Expired conditional Green Card
• Expired 10-year Green Card
• Not yet received, and the stamp affixed in your passport “Processed for I-551” has expired

You will need a Boarding Foil (former Transportation Letter) in order to board a commercial airline flight to the U.S.

 

https://br.usembassy.gov/visas/green-card-holders/

[mindthegap 2,609]

30 minutes ago, Bill & Katya said:

I think there may be differences for Brazil where they do not recognize the extension letter with the expired GC as a valid means to board a flight to the US.  I have seen other threads mention the need for a "boarding foil" if someone is in the extension letter period.  Here is what it says at the US Brazilian Embassy site.

 

A lawful permanent resident (LPR) of the United States is required to present a valid unexpired Form I-551, Permanent Resident Card (commonly known as “Green Card”) at the airline counter if seeking readmission to the U.S. after a temporary absence of less than one year.

If you are an LPR wishing to return to the U.S. soon and you don’t have your I-551, Green Card, for the following reasons:

• Lost
• Stolen
• Expired conditional Green Card
• Expired 10-year Green Card
• Not yet received, and the stamp affixed in your passport “Processed for I-551” has expired

You will need a Boarding Foil (former Transportation Letter) in order to board a commercial airline flight to the U.S.

 

https://br.usembassy.gov/visas/green-card-holders/

 

They can put what they want on their website...doesn't mean that is accurate in law. The London embassy used to have on their webpage that ANY arrest meant that a traveller would require a visa, which was woefully inaccurate.

You are permitted to board a flight to the US with an expired 10yr card, yet there it states that you require a boarding foil/transportation letter - again, very inaccurate.....

 

That carrier information guide is, as far as air travel to the US is concerned, the bible, and remains current and accurate.

 

 

 

 

Regardless, by far the easiest solution for the OP is to go to the earliest available infopass appointment and get a 551 stamp (stressing imminent travel as the reason, if they are initially reluctant to give the stamp)

 

Edited September 5, 2017 by mindthegap