25 months out of US on CR1 greencard in ROC processing

[goobies 79]

Greetings, 

 

I am an American citizen, living in Texas. My husband is a Ugandan, and he came to the US on a CR1 Visa in 2017.

 

In November 2019, we traveled back to Uganda together with our daughter to visit family and attend a burial, after submitting the request to remove the conditions on his greencard. Our intent was to travel back to the US after 3 months.

 

Covid19 of course broke out in December 2019. We had a very difficult time deciding what to do, as he was worried about leaving his elderly mother alone in Uganda, and I was 5 months pregnant with our 2nd child. 

 

We decided that I should return to the US In February 2020 for better maternity services, and better Healthcare overall, in case Covid were to strike us. My husband decided to remain for a few more weeks to make better arrangements for his mom.

 

Unfortunately, we didn't expect the lockdowns, and by the time he was ready to come back to Texas, the airport had locked down. He had a ticket, but when he arrived at the airport, he was told only US citizens were allowed on the flight.

 

From that point, we decided to wait Covid out, not realizing how long it would last. By the time travel restrictions had relaxed, he became so terrified of traveling, because he had been out of the US for more than 6 months. We were uneducated about re-entry permits, and so didn't realize it was still possible for him to come back.

 

I recently spoke to someone whose relative was granted a re-entry permit after an extended stay outside the US. They advised us to look into this possibility. 

 

Also, we have been receiving I-797C Notice of Action letters for his Biometric Appointment every 3 months or so. I don't know if that is helpful info or not.

 

And so now, here I am, seeking any advice or forms or direction you can offer us.

 

In summary, my husband arrived in the US In September 2017. We traveled back to Uganda in Nov 2019, after sending off his Removal of Conditions paperwork, with the intention of returning in February 2020. He got stuck there during Covid, and we just now found out about re-entry permits. We are seeking guidance on how to legally and appropriately bring him back to the US as a LPR.

 

Any guidance will be so greatly appreciated. 

[Mike E 11,741]

@goobies
 

From your timeline 

 

US Entry :

2017-09-14

 

 

So his 2 year gc expired 2019 and his two year extension letter expired 2021.  
 

So he has two problems.

 

1. His green card plus extension letter is no longer valid for air travel to the USA.  
 

2. He has been away from the USA for more than 2 years.   Generally LPRs should not be absent more than 180 days.  
 

 

Normally to deal with (2) my advice is to just get on a plane. Worse case he is treated as an arriving alien and gets a notice to appear. By the time he had his date in court lots of things can happen.  Often though, he gets treated as a returning resident and nothing else happens.  
 

But because of (1), (2) is all but moot.  
 

He has 4 choices.  
 

1. Fly to Canada or Mexico, and enter the USA on foot.  I presume he needs a visa to do so, because his expired extension letter is not a valid visa waiver.  If he does get to a USA port of entry he has problem (2) to over come.  
 

2. Apply for an SB-1 visa at the USA embassy / consulate.  I expect denial.  
 

3. Try to get an appointment at the  USCIS office in Africa to get an I-551 stamp.  
 

4. Apply for an IR-1 visa.  

Edited March 20, 2022 by Mike E

[milimelo 4,514]

I don’t see stamp I-551 as one of services USCIS office in Nairobi provides:  https://www.uscis.gov/about-us/find-a-uscis-office/international-offices/kenya-uscis-nairobi-field-office

 

Maybe email them (email in the link above) to see if Biometrics can be done there? Doesn’t solve the issue of expired extension letter though. 
 

The only other thing I can think of is filing another I-751 as that should give a new expiration date of extension letter. 

[Mike E 11,741]

8 minutes ago, milimelo said:

I don’t see stamp I-551 as one of services USCIS office in Nairobi provides:  https://www.uscis.gov/about-us/find-a-uscis-office/international-offices/kenya-uscis-nairobi-field-office

 

I don’t either.  It is something to try though. 

Quote

 . 

 

The only other thing I can think of is filing another I-751 as that should give a new expiration date of extension letter. 

My understanding is a  new I-751 will likely produce a 2 year extension letter to green card’s expiration.   If so, this is mostly futile as it has been more than 4 years since the green card was issued. It would perhaps delay a decision to remove LPR

status if a NTA is issued.   

Edited March 20, 2022 by Mike E

[iwannaplay54 985]

13 hours ago, goobies said:

Greetings, 

 

I am an American citizen, living in Texas. My husband is a Ugandan, and he came to the US on a CR1 Visa in 2017.

 

In November 2019, we traveled back to Uganda together with our daughter to visit family and attend a burial, after submitting the request to remove the conditions on his greencard. Our intent was to travel back to the US after 3 months.

 

Covid19 of course broke out in December 2019. We had a very difficult time deciding what to do, as he was worried about leaving his elderly mother alone in Uganda, and I was 5 months pregnant with our 2nd child. 

 

We decided that I should return to the US In February 2020 for better maternity services, and better Healthcare overall, in case Covid were to strike us. My husband decided to remain for a few more weeks to make better arrangements for his mom.

 

Unfortunately, we didn't expect the lockdowns, and by the time he was ready to come back to Texas, the airport had locked down. He had a ticket, but when he arrived at the airport, he was told only US citizens were allowed on the flight.

 

From that point, we decided to wait Covid out, not realizing how long it would last. By the time travel restrictions had relaxed, he became so terrified of traveling, because he had been out of the US for more than 6 months. We were uneducated about re-entry permits, and so didn't realize it was still possible for him to come back.

 

I recently spoke to someone whose relative was granted a re-entry permit after an extended stay outside the US. They advised us to look into this possibility. 

 

Also, we have been receiving I-797C Notice of Action letters for his Biometric Appointment every 3 months or so. I don't know if that is helpful info or not.

 

And so now, here I am, seeking any advice or forms or direction you can offer us.

 

In summary, my husband arrived in the US In September 2017. We traveled back to Uganda in Nov 2019, after sending off his Removal of Conditions paperwork, with the intention of returning in February 2020. He got stuck there during Covid, and we just now found out about re-entry permits. We are seeking guidance on how to legally and appropriately bring him back to the US as a LPR.

 

Any guidance will be so greatly appreciated. 

You may be needing to prepare a new I130 

Not thinking he’ll qualify for SB1 but maybe

Not seeing a way to board a flight

Edited March 20, 2022 by iwannaplay54

[Family 4,067]

10 hours ago, Mike E said:

1. Fly to Canada or Mexico, and enter the USA on foot.  I presume he needs a visa to do so, because his expired extension letter is not a valid visa waiver.  If he does get to a USA port of entry he has problem (2) to over come.  

That is a good pragmatic “ think outside the box” recommendation. Get to a POE ( by foot via a friendly country , not stuck in airport at the mercy of ..) and they must let you in ( he will prevail cause newborn/ moms health  / COVID and a super star Wife! NO MATTER what they put him through..secondary/ little pressure/ NTA ) 

 

I also agree w @milimeloinasmuch as Nairobi seems to only have geographic jurisdiction for Kenya and all others are permanently closed..but they list a phone number , so maybe try calling.

 

Filing another I-751 from outside and trying to board in an airport STILL puts you at the mercy of …see above). 

[Family 4,067]

13 hours ago, goobies said:

I recently spoke to someone whose relative was granted a re-entry permit after an extended stay outside the US. They advised us to look into this possibility. 

So ask / look at where the I-131 for your friend was filed/ put in/ accepted by. If your friend was outside the US at the time when he applied for/ put in / got it approved for travel….otherwise you will be waiting filing fee if you just send one in by filing from US to the PO Box on instructions. 

[Family 4,067]

Typo..meant “ wasting “ 

[goobies 79]

7 hours ago, Family said:

That is a good pragmatic “ think outside the box” recommendation. Get to a POE ( by foot via a friendly country , not stuck in airport at the mercy of ..) and they must let you in ( he will prevail cause newborn/ moms health  / COVID and a super star Wife! NO MATTER what they put him through..secondary/ little pressure/ NTA ) 

 

I also agree w @milimeloinasmuch as Nairobi seems to only have geographic jurisdiction for Kenya and all others are permanently closed..but they list a phone number , so maybe try calling.

 

Filing another I-751 from outside and trying to board in an airport STILL puts you at the mercy of …see above). 

Is it really a guarantee that they'd admit him at a land border? 

 

Can you explain what could possibly happen in the airport if they deny him entry?

 

Thanks, I have emailed Kenyan Embassy, and hoping for a quick response.

 

I appreciate all the guidance!

[Mike E 11,741]

3 hours ago, goobies said:

Is it really a guarantee that they'd admit him at a land border?

Yes.  https://help.cbp.gov/s/article/Article-3671?language=en_US#:~:text=The CBP officer will collect,final determination on your case
 

3 hours ago, goobies said:

 

Can you explain what could possibly happen in the airport if they deny him entry?

He won’t be allowed to board the flight per https://www.cbp.gov/sites/default/files/assets/documents/2019-Mar/2019 Carrier Information Guide - ENGLISH.pdf

 

3 hours ago, goobies said:

 

Thanks, I have emailed Kenyan Embassy, and hoping for a quick response.

Good luck. Curious about what happens. 

[goobies 79]

What about our current 797 Notice of Action? The biometrics appointment is on April 7th. Would this allow him to board a flight?

 

Do they continue to issue these even when the greencard and extension letter have expired? I'm wondering if we have some how been given another extension. 

 

Is there any way, apart from DS117 to get his current immigrant status? Like calling in to ask?

[Mike E 11,741]

1 hour ago, goobies said:

What about our current 797 Notice of Action? The biometrics appointment is on April 7th. Would this allow him to board a flight?

A biometrics appointment doesn’t extend the green card’s expiration date.  
 

1 hour ago, goobies said:

 

Do they continue to issue these even when the greencard and extension letter have expired? I'm wondering if we have some how been given another extension.

I don’t know why USCIS is automatically scheduling new biometrics appointments that he keeps missing.  
 

1 hour ago, goobies said:

 

Is there any way, apart from DS117 to get his current immigrant status? Like calling in to ask?

His current status is he is a lawful permanent resident.  Until he both gets a notice to appear and misses his appearance, he remains an LPR.  

[goobies 79]

6 minutes ago, Mike E said:

His current status is he is a lawful permanent resident.  Until he both gets a notice to appear and misses his appearance, he remains an LPR.  

This is very confusing to me. So the greencard can be expired but he can still be an LPR? 

 

Then doesn't this mean he has to be admitted on a flight, if he's still within status? 

 

Would presenting the (*)-797 to the airline, with a future date of interview suffice to allow him to board?

 

 

[Mike E 11,741]

12 minutes ago, goobies said:

This is very confusing to me. So the greencard can be expired but he can still be an LPR?

Yes.  That’s why CBP directs airlines to board people with expired 10 year green cards.  
 

12 minutes ago, goobies said:

 

Then doesn't this mean he has to be admitted on a flight, if he's still within status?

No as per the CBP’s orders to airlines.  
 

https://www.cbp.gov/sites/default/files/assets/documents/2019-Mar/2019 Carrier Information Guide - ENGLISH.pdf
 

Read the above document carefully. 
 

12 minutes ago, goobies said:

 

Would presenting the (*)-797 to the airline, with a future date of interview suffice to allow him to board?

 

The I-797 you want to present is not an acceptable document per the link I gave you. 
 

He can certainly try.  I am certain the airline won’t board him.  I would love to be wrong. The only faint hope I can give you is that airline employees are poorly trained on alternate I-551 documents.  This is both my personal experience the my observation from dozens of posts from people with expired green cards or no green cards at all. If a n airline can falsely deny boarding  it can falsely permit boarding.  
 

So let us know how it goes.  
 

 

12 minutes ago, goobies said:

[goobies 79]

34 minutes ago, Mike E said:

Yes.  That’s why CBP directs airlines to board people with expired 10 year green cards.  
 

No as per the CBP’s orders to airlines.  
 

https://www.cbp.gov/sites/default/files/assets/documents/2019-Mar/2019 Carrier Information Guide - ENGLISH.pdf
 

Read the above document carefully. 
 

 

The I-797 you want to present is not an acceptable document per the link I gave you. 
 

He can certainly try.  I am certain the airline won’t board him.  I would love to be wrong. The only faint hope I can give you is that airline employees are poorly trained on alternate I-551 documents.  This is both my personal experience the my observation from dozens of posts from people with expired green cards or no green cards at all. If a n airline can falsely deny boarding  it can falsely permit boarding.  
 

So let us know how it goes.  
 

 

I'm very grateful for your responses. 

 

Is there only 1 checkpoint for documents before boarding the 1st flight, or do they check for each connecting flight as well?