Travel when GC expires? How to re-enter USA

[MADDEN 40]

Good morning,

 

I have just a few questions regarding the ROC and would greatly appreciate any helpful advice.

 

First up my Green Card expires on the 06/03/18 so what would be the earliest we could file  and what would be latest?

Secondly I was returning to Australia for a holiday in mid May then returning at the end of August, my ROC will obviously be submitted before I leave but as my GC will expire while out of the country, should I apply for a Travel Document or can you not travel while you have a pending ROC?

 

 

[Cyberfx1024 7,980]

12 minutes ago, MADDEN said:

Good morning,

 

I have just a few questions regarding the ROC and would greatly appreciate any helpful advice.

 

First up my Green Card expires on the 06/03/18 so what would be the earliest we could file  and what would be latest?

Secondly I was returning to Australia for a holiday in mid May then returning at the end of August, my ROC will obviously be submitted before I leave but as my GC will expire while out of the country, should I apply for a Travel Document or can you not travel while you have a pending ROC?

 

 

The earliest you can file for ROC is 90 days out from your card expiration date. You will then get a letter in the mail saying that your status is extended for 1 year for processing of your ROC. There is no extra documents you need to file on top of ROC. 

 

The biggest challenge you have to deal with is biometrics.  That means you have to do biometrics before you leave bc if you don't then more than likely you will have to go while your gone. 

 

You can travel on a pending ROC and expired green card. You just have to bring with your your expired green card and the extension letter. My wife did it and there was no issues at all. 

[Unlockable 7,316]

Quick note to add. DO NOT travel outside the country without the extension letter in hand to go along with your expired green card.

 

Once you file for ROC you should receive an extension letter stating that your GC is now extended for one year. Don't assume that simply sending off the documents for ROC will somehow reset your current GC with no other items needed.

 

Just a friendly clarification.

[MADDEN 40]

Ok thats great, thank you. Do you remember  how long it took to get the extension letter, i know times vary case by case but just trya get a rough idea.

[nightingalejules 678]

Generally it takes a couple of weeks... but USCIS is ridiculously backlogged, so your best bet is to apply as early in the filing window as possible, and then you have the whole of the time between applying and your green card expiring to get the letter (before you need it).

[Maxheadspace 48]

Once you get your one-year extension letter you are fine for traveling outside the US.  After her GC expired and after we received the extension letter I took my wife to Europe for vacation.  No issues anywhere.  French consulate granted visa with the extension letter and my wife had no problems re-entering the US.  Apply as soon as possible, like exactly 90 days before expiration.

Edited January 15, 2018 by Maxheadspace

[Ausa 66]

Here is the link to the USCIS calculator  https://www.uscis.gov/sites/default/files/dateCalculator.html

 

If it didn't display, google USCIS filing date calculator