I-751 Denial While Abroad

[BananaShoes 31]

Hello,

 

I am plannng to do a 40-day trip outside the US at the 9-month mark after my priority date. I was wondering, if somehow I get an interview date while I am abroad and I cannot attend and cannot reschedule and my I-751 gets denied. Can I re-enter the US with my unexpired extension letter and just re-apply?

 

I heard that legally speaking, a denial letter does not terminate your LPR status until an immigration judge terminates it. Is that true? Does that mean I can still re-enter for a hearing or to re-apply?

 

Thanks in advance.

Edited February 12, 2022 by BananaShoes

[Allaboutwaiting 2,503]

Yes, you can enter the US with your expired conditional GC and unexpired extension letter. 

 

And in case the interview is scheduled during your trip, do your best to reschedule. No reason to let the case be denied. 

[Mike E 11,745]

You are an LPR until a judge takes that status.  Of course if it is inconvenient to attend your interview, why would you prioritize your court trial? 

[BananaShoes 31]

  On 2/12/2022 at 1:03 PM, Mike E said:

You are an LPR until a judge takes that status.  Of course if it is inconvenient to attend your interview, why would you prioritize your court trial? 

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I have to stay abroad durng those 40 days and cannot come back. I am asking hypothetically in case feces hit the fan. If i can help it, I obviously would just attend my interview. Thanks for replying

[Mike E 11,745]

  On 2/12/2022 at 2:18 PM, BananaShoes said:

 

I have to stay abroad durng those 40 days and cannot come back. I am asking hypothetically in case feces hit the fan. If i can help it, I obviously would just attend my interview. Thanks for replying

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Then if your trial is during those 40 days that’s it.
 

It’s unlikely USCIS will move that fast.  But since this entire thread is based on multiple low priority events, including that scenario for completeness.  

[BananaShoes 31]

So you guys are saying even if I-751 si denied while abroad, I can still travel back as long as an immigration judge hasn't made a ruling yet?

[Mike E 11,745]

  On 2/12/2022 at 11:16 PM, BananaShoes said:

So you guys are saying even if I-751 si denied while abroad, I can still travel back as long as an immigration judge hasn't made a ruling yet?

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Yes