Outside of US and i751 got approved

[axnstef 2]

Hello VJers,

Can somebody give me an insight. I have a situation came up. I am outside the US for a short trip and have my expired GC with the extension letter. in hand. In the mean time i saw an email from USCIS stating my i751 is approved and the new card is on the way. I am flying back to the US within a week and there is no way the new card will arrive and on my hand. My question is will the immigration officers at the port of entry let me thru with the expired gc and extension letter or will they ask for a new 10 year card?

 

What are your thaught on this. What should i do.

Thanks 

[Crazy Cat 41,887]

15 minutes ago, axnstef said:

My question is will the immigration officers at the port of entry let me thru with the expired gc and extension letter 

Yes.  No need to worry.  You are a legal resident.

Edited May 2, 2022 by Crazy Cat

[mytruelove18 608]

18 minutes ago, axnstef said:

Hello VJers,

Can somebody give me an insight. I have a situation came up. I am outside the US for a short trip and have my expired GC with the extension letter. in hand. In the mean time i saw an email from USCIS stating my i751 is approved and the new card is on the way. I am flying back to the US within a week and there is no way the new card will arrive and on my hand. My question is will the immigration officers at the port of entry let me thru with the expired gc and extension letter or will they ask for a new 10 year card?

 

What are your thaught on this. What should i do.

Thanks 

You are good to come back

[mindthegap 2,590]

Yes.

Congratulations. 

[Mike E 11,739]

It would be unlawful to deny you entry.  Your right to enter is absolute 

[Dashinka 24,512]

Having an approved I751 does not nullify the expired GC and extension letter as valid proof of you LPR status.

 

Congrats on your approval!

[axnstef 2]

Thank you for your prompt reply. I just had a doubt. Now i am more confident. Thank you once again.

[African Zealot 1,455]

19 hours ago, Mike E said:

It would be unlawful to deny you entry.  Your right to enter is absolute 

Is that correct? Only citizens have an unfettered right to be allowed back into the USA 🇺🇸.

Edited May 3, 2022 by African Zealot

[EM_Vandaveer 2,408]

22 minutes ago, African Zealot said:

Is that correct? Only citizens have an unfettered right to be allowed back into the USA 🇺🇸.

you are correct, OP's right to enter isn't absolute because OP is "only" an LPR & not a USC but OP has no reason to worry.

[Mike E 11,739]

1 hour ago, African Zealot said:

Is that correct? Only citizens have an unfettered right to be allowed back into the USA 🇺🇸.

Yes. Per the laws Congress passed. 
 

I’ve never seen a case where an LPR who arrived at a port on USA soil was lawfully denied entry as either a returning resident or arriving alien except  when the LPR signed I-407 and effectively accepted removal.  Though in most of those cases the LPR was coerced. For this reason CBP has told its officers to stop doing that since coercion increases the odds LPRs get their green cards back. 

Edited May 3, 2022 by Mike E

[mindthegap 2,590]

1 hour ago, African Zealot said:

Is that correct? Only citizens have an unfettered right to be allowed back into the USA 🇺🇸.

Yes and no.

Yes, a US citizen has an absolute right to enter.

For a normal entry, a LPR (or someone presenting as a LPR) with a card/stamp/extension letter, has the right to enter, once their identity and LPR status has been confirmed as being correct and current. There are some caveats, as defined in 8 U.S.C. 1101(a)(13):

 

(C)  An alien lawfully admitted for permanent residence in the United States shall not be regarded as seeking an admission into the United States for purposes of the immigration laws unless the alien--

(i)  has abandoned or relinquished that status,

(ii)  has been absent from the United States for a continuous period in excess of 180 days,

(iii)  has engaged in illegal activity after having departed the United States,

(iv)  has departed from the United States while under legal process seeking removal of the alien from the United States, including removal proceedings under this chapter and extradition proceedings,

(v)  has committed an offense identified in section 1182(a)(2) of this title, unless since such offense the alien has been granted relief under section 1182(h) or 1229b(a) of this title, or

(vi)  is attempting to enter at a time or place other than as designated by immigration officers or has not been admitted to the United States after inspection and authorization by an immigration officer.

 

So, i) would be if you have filed an i-407 at some point and are no longer a LPR, or there is a presumption of abandonment for other reasons, such as excessive time out of the US and clearly not residing here. 

ii) would be are if you have spent excessive time outside of the US and there is a presumed abandonment of status.

In practice for ii), most would receive some questions, some stern words and a warning about doing it repeatedly. Do it multiple times you will eventually have issues. 

iii) would apply if they suspect you have engaged in a serious felony or CIMT overseas that would render you inadmissable or deportable even as a LPR  - unless you have been on the news as having been convicted of such, or an interpol bulletin issued or flagged up in some checks, I'm not quite sure how they would determine this in practice, but the law is there. 

iv) applies if you have a final order of removal by an immigration judge, ie, you are no longer a LPR anyway, even if presenting as such. 

v) deals with excludable grounds, mainly criminal/terrorism and controlled substances: https://uscode.house.gov/view.xhtml?req=(title:8 section:1182 . If stuff like that is in your past and declared and dealt with prior to or during becoming a LPR, that does not render you inadmissable.

vi) applies if trying to enter without inspection, ie, hopping the border. 

 

Crucially, a LPR, or someone presenting as a LPR, retains an absolute right in law to a hearing with an immigration judge, which obviously isn't going to happen immediately, so in practice with most of the above (apart from possibly iv, once they confirm you have a final order of removal and are not a LPR) you are admitted regardless, sometimes pending a hearing at a future date if they feel it is warranted. 

You are not sent back on a plane and denied entry, as you remain a LPR throughout any immigration proceedings against you. 

Edited May 3, 2022 by mindthegap

[Mike E 11,739]

TL:DR

 

IOW an LPR has an absolute right to enter the USA.