Removal of conditions with expired temporary GC

[Boston2021 0]

Hello guys,

 

I have questions regarding removal of conditions.

I was married to a US citizen and lived in the US together until 2019. I had a temporary green card. After three years of marriage things did not go well and we broke up. The break up was really hard for me so I went back to France to be with my family and get better, and then Covid happened. Which means I have not been to the US since September 2019. Now we are divorced and my temporary green card has expired a year ago.

 

Can I still file for removal of conditions? If so where and how?

 

Thank you for your help!

 

[Dashinka 24,705]

Since you have been outside the US for more than 2 years and the conditional GC expired a year ago, I think your GC will have been considered abandoned and more than likely you were put into removal proceedings when the I751 was not filed.  I am not sure this is anything possible to recover the GC, but here is a thread with a similar situation although this person was outside of the US for a longer period.  It does contain some helpful links to look up your status with USCIS and ICE.

 

Good Luck!

 

 

[Mike E 11,742]

Your first challenge is returning to the USA.  
 

I do not believe CBP would  let you enter the USA even if you managed to board a flight to the USA or reach a port of entry.  
 

However if you managed to enter the USA,  presumably you could file I-751 under the divorce waiver and eventually get a 10 year green card. 
 

You can apply for a boarding foil at the US embassy.  While I am not hopefully the embassy would approve and issue a boarding foil, if it did, that would allow you to travel to the USA and enter the USA. You could then file I-751 under the divorce waiver.  

[Crazy Cat 42,032]

3 hours ago, Boston2021 said:

Hello guys,

 

I have questions regarding removal of conditions.

I was married to a US citizen and lived in the US together until 2019. I had a temporary green card. After three years of marriage things did not go well and we broke up. The break up was really hard for me so I went back to France to be with my family and get better, and then Covid happened. Which means I have not been to the US since September 2019. Now we are divorced and my temporary green card has expired a year ago.

 

Can I still file for removal of conditions? If so where and how?

 

Thank you for your help!

 

Covid did not prevent you from returning to the US.  I'd say you have abandoned your Green card.  You cannot complete Removal of Conditions outside the US.  You would have to undergo biometrics and the interview inside the US.  Good luck, but I think your success in ROC is unlikely.  A Green Card is for living in the US.  It seems you gave up that idea.    But, if you can get inside the US, there might be a chance. 

I know I sound pessimistic, but I think the odds are not in your favor......but I am not USCIS.  Good luck.  I wish you the best.

Edited November 29, 2021 by Crazy Cat

[JeanneAdil 6,606]

1 hour ago, Crazy Cat said:

Covid did not prevent you from returning to the US.  I'd say you have abandoned your Green card.  You cannot complete Removal of Conditions outside the US.  You would have to undergo biometrics and the interview inside the US.  Good luck, but I think your success in ROC is unlikely.  A Green Card is for living in the US.  It seems you gave up that idea.    But, if you can get inside the US, there might be a chance. 

I know I sound pessimistic, but I think the odds are not in your favor......but I am not USCIS.  Good luck.  I wish you the best.

We flew out of Charles De Gaule the 17th of March the day they closed the airport (would have been about a 6 month kinda normal stay for u)

But even after that the US embassies were posting and on web pages and announcing to news media that they were  helping USC and green card holders to return to USA

people also forget that when we travel  to a foreign country we should register with US embassy so any notifications can be made 

so,  u face some issues 

[mindthegap 2,599]

Yes you can potentially file as long as you are still a permanent resident. 

Start by putting your a# in this website first to see if you have had an NTA or judgement in abstentia... https://acis.eoir.justice.gov/en/ 

 

If not, you can physically file an I-751 from outside the US, but it must have a US address on for acceptance. 

 

You would also need to obtain a boarding foil from the embassy ($600 or somewhere around that), since the extension letter you receive won't extend your long expired card at this point and you cannot obtain an i-551 stamp overseas, so you won't be permitted to board a carrier to the US without it.

You would run into the same issue at a land border with expired documents, so travel via mexico or canada is an unlikely to help option here. 

 

In this case, covid has helped you significantly here, as it was a very valid reason for an extended absence. 

 

 

 

Edited November 30, 2021 by mindthegap

[Rocio0010 5,599]

22 hours ago, mindthegap said:

as it was a very valid reason for an extended absence. 

Even when gc holders were never prevented from entering the US?

[Dashinka 24,705]

On 11/29/2021 at 10:03 PM, mindthegap said:

Yes you can potentially file as long as you are still a permanent resident. 

Start by putting your a# in this website first to see if you have had an NTA or judgement in abstentia... https://acis.eoir.justice.gov/en/ 

 

If not, you can physically file an I-751 from outside the US, but it must have a US address on for acceptance. 

 

You would also need to obtain a boarding foil from the embassy ($600 or somewhere around that), since the extension letter you receive won't extend your long expired card at this point and you cannot obtain an i-551 stamp overseas, so you won't be permitted to board a carrier to the US without it.

You would run into the same issue at a land border with expired documents, so travel via mexico or canada is an unlikely to help option here. 

 

In this case, covid has helped you significantly here, as it was a very valid reason for an extended absence. 

 

 

 

Good advice except for the last sentence.  I agree with @ra0010, there were no Covid19 restrictions preventing LPRs from returning to the US.

[mindthegap 2,599]

2 hours ago, Dashinka said:

Good advice except for the last sentence.  I agree with @ra0010, there were no Covid19 restrictions preventing LPRs from returning to the US.

 

11 hours ago, ra0010 said:

Even when gc holders were never prevented from entering the US?

No physical restrictions on entering the US perhaps, but if the OP had covid, a family member had covid and required care, or travel in/leaving that country was heavily restricted (see: australia as a perfect example of this) - I know france at one point was super hardcore about being out of the house for any reason and they were checking papers and reasons). Something like losing your job due to covid so being unable to support yourself in the US. Hell, even if they had contracted long covid and were still testing as positive as a result, they wouldn't have been able to travel here for an extended period as they wouldn't have been permitted to board the plane. 

 

My point is, there are a myriad of potential reasons why an extended absence happened, and covid  messing with everyones lives & restrictions started before the OP had been out of the US for a full six months, and obviously still remain to a varying extent. 

 

It doesn't eliminate the failure to file, but it is perhaps a starting point for explaining why. 

[Dashinka 24,705]

12 minutes ago, mindthegap said:

 

No physical restrictions on entering the US perhaps, but if the OP had covid, a family member had covid and required care, or travel in/leaving that country was heavily restricted (see: australia as a perfect example of this) - I know france at one point was super hardcore about being out of the house for any reason and they were checking papers and reasons). Something like losing your job due to covid so being unable to support yourself in the US. Hell, even if they had contracted long covid and were still testing as positive as a result, they wouldn't have been able to travel here for an extended period as they wouldn't have been permitted to board the plane. 

 

My point is, there are a myriad of potential reasons why an extended absence happened, and covid  messing with everyones lives & restrictions started before the OP had been out of the US for a full six months, and obviously still remain to a varying extent. 

 

It doesn't eliminate the failure to file, but it is perhaps a starting point for explaining why. 

I get it, seems a stretch that it was beyond their control, but I suppose it doesn't hurt trying.  Btw, is a boarding foil (I-131A) the correct path, I thought that was only for LPRs that had their "unexpired" GC stolen or they lost it.  In this case, wouldn't the SB-1 (I-131) be the proper course since the OP clearly does not have an unexpired GC.

[mindthegap 2,599]

28 minutes ago, Dashinka said:

I get it, seems a stretch that it was beyond their control, but I suppose it doesn't hurt trying.  Btw, is a boarding foil (I-131A) the correct path, I thought that was only for LPRs that had their "unexpired" GC stolen or they lost it.  In this case, wouldn't the SB-1 (I-131) be the proper course since the OP clearly does not have an unexpired GC.

Either should work, but the SB-1 requires a medical, and a formal interview to determine status.

 

If I was the OP I would be:

1) checking the A number for judgement & termination of status in abstentia (unlikely on this timeline)

2) if clear, sending the I-751 package from france, with a US address, with someone forwarding the receipt/extension letter to me in france. Don't forget that a waiver filing can be made at any time - it does not have to be in the 90 day period. So filing now - as long as their status has not been terminated (hence doing point 1 above first) is expressly permitted. 

3) applying for a boarding foil, with the letter in hand as proof of being a current LPR who currently lacks the correct documentation to travel to the US.

 

Edited December 1, 2021 by mindthegap

[Mike E 11,742]

43 minutes ago, Dashinka said:

I get it, seems a stretch that it was beyond their control, but I suppose it doesn't hurt trying.  Btw, is a boarding foil (I-131A) the correct path, I thought that was only for LPRs that had their "unexpired" GC stolen or they lost it.  In this case, wouldn't the SB-1 (I-131) be the proper course since the OP clearly does not have an unexpired GC.

1. To my knowledge, people with expired 2 year green cards are directed by DHS, State, and their lawyers to get a boarding foil.  This might be different if the card has been expired for over a year.  
 

2. People with expired 10 year green cards are directed to just board the flight though the education of airlines on this policy change (at least 2 years old) has been slow 

[mindthegap 2,599]

13 hours ago, Mike E said:

1. To my knowledge, people with expired 2 year green cards are directed by DHS, State, and their lawyers to get a boarding foil.  This might be different if the card has been expired for over a year.  
 

2. People with expired 10 year green cards are directed to just board the flight though the education of airlines on this policy change (at least 2 years old) has been slow 

Yes, this is correct. 

Only expired 10 years cards can board without penalty - the current carrier information guide confirms this too. This does not apply to expired 2 years cards, hence why the extension letters exist in the first place.

[Allaboutwaiting 2,503]

On 11/29/2021 at 7:03 PM, mindthegap said:

You would also need to obtain a boarding foil from the embassy ($600 or somewhere around that), since the extension letter you receive won't extend your long expired card at this point and you cannot obtain an i-551 stamp overseas, so you won't be permitted to board a carrier to the US without it.

OP's conditional GC expired a year ago and extensions are for 24 months so no boarding foil would be needed.

[mindthegap 2,599]

11 hours ago, Allaboutwaiting said:

OP's conditional GC expired a year ago and extensions are for 24 months so no boarding foil would be needed.

You are indeed correct - I misread and totally confused the 2019 departure date with the expiry date mentioned later. I've also been doing this ROC rubbish long enough to have been issued an original 12 month extension letter, prior to the 18 month and now 24 month ones so it's easy for me to confuse 

 

Even easier for the OP then! 😀  File it with a US address, get the extension forwarded to them, and get on the plane.