Husband Denied Boaring for Expired Green Card - while 1-751 is in process

[Lindzray 43]

My husband was denied boarding yesterday at Heathrow Airport in the UK because of an expired Green Card that we thought he could travel on because of having an I-797 notice of Action for the I-751. He went back for 14 days to help with family.  I am not with him.

 

We have been married almost 5 years and have been waiting on the green card conditions to be removed. We got a requests for additional evidence in January 2022. Submitted all documentation on February 10th 2022. We've received four transfer notices and the latest is an email saying they are sending out a notice for date of interview.

 

We know understand that we should have applied for an Info Pass.

 

Everyone we've talked to at the airport said he should go to the US Embassy. He did that yesterday and was told they can't help him unless his been out of the country for more than a year.

 

Doe anyone know what steps need to be taken.

 

I spoke briefly to an attorney that said, gosh I hope he doesn't have to go through the whole visa process again!!

 

(this forum was so valuable during our K1 visa process, that I thought to reach out to the brain power here!)

Edited June 8, 2022 by Lindzray
additonal information

[arken 4,197]

5 minutes ago, Lindzray said:

because of an expired Green Card that we thought he could travel on because of having an I-797 notice of Action for the I-751.

Does it say on the NOA that the validity of GC has been extended by a given number of months?

[Lindzray 43]

Great question. We had the initial 18 months extension, but because of a request to reschedule a bio-metrics appointment (Dec 26th 2019) and then COVID we think either a notice was lost or we got lost in the shuffle. We had to open an inquiry with USCIS and the bio-metrics was rescheduled for Nov 2021. We have that documentation and all the transfer notices.

 

We are despite to know what to go, what to do next.

 

The customs officer that denied him, said I realize that you aren't trying to abandon your residency....and two attorney's have said he shouldn't have been denied boarding. He should have been let on the plane and to be sorted out once he arrive in Chicago.

[milimelo 4,477]

So he does or doesn’t have a valid extension letter? 
 

You may have to involve you congressman or senator for the missing extension letter. 

Edited June 8, 2022 by milimelo

[Dashinka 24,493]

35 minutes ago, Lindzray said:

Great question. We had the initial 18 months extension, but because of a request to reschedule a bio-metrics appointment (Dec 26th 2019) and then COVID we think either a notice was lost or we got lost in the shuffle. We had to open an inquiry with USCIS and the bio-metrics was rescheduled for Nov 2021. We have that documentation and all the transfer notices.

 

We are despite to know what to go, what to do next.

 

The customs officer that denied him, said I realize that you aren't trying to abandon your residency....and two attorney's have said he shouldn't have been denied boarding. He should have been let on the plane and to be sorted out once he arrive in Chicago.

Airlines will not do this as they will be financially responsible to boarding anyone that does not have proper documentation to enter the US according to the CBP Carrier Guide.  If the extension letter is no longer valid, I agree with @milimelo, you may need to get a congressperson involved to reach out to USCIS to get a new extension letter you can send him.  Then you may want to be at the airport when he arrives as CBP generally wants the original watermarked letter.

 

It would be helpful if you could add to the I751 timeline.  When was the I751 filed, when did the original extension letter expire, etc.?

 

Good Luck!

Edited June 8, 2022 by Dashinka

[arken 4,197]

1 hour ago, Lindzray said:

We had the initial 18 months extension

Seems already expired then?

At the time of checking in or boarding at Heathrow, did he have a valid extension letter? If he didn't have one, the airlines or exit immigration/custom officers are correct to not allow him for the flight to the US.

When was the i751 filed? If it's already more than 24 months since then, i don't think uscis gives another extension. One was supposed to go for info pass and get an i551 stamp before leaving US in case of expired extension letter.

[Chancy 6,241]

*** Moved from NVC forum to Working & Traveling During US Immigration -- topic is about travel documents for US entry with expired 2-yr GC ***

 

2 hours ago, Lindzray said:

We had the initial 18 months extension

 

Since your husband has an expired GC, an expired extension letter, and no I-551 stamp, the airline was right to deny him boarding.  He cannot get an I-551 stamp from outside the US, so he will need to apply for a boarding foil instead.  He will need to contact the US consulate in London to set up an appointment, submit form I-131A, and pay the boarding foil fee.  Expect the application to take weeks if your husband is not able to get an emergency appointment at the consulate.

 

I-131A form instructions -- https://www.uscis.gov/i-131a

Instructions for boarding foil application at the London consulate -- https://uk.usembassy.gov/lost-or-stolen-green-cards/

 

[Lindzray 43]

THANK YOU ALL!!!!

 

I have reached out to our local senator and filed an inquire with the US consulate in London.

 

I realize that you all are "user name strangers" on a forum, but your willingness to jump in and help is so appreciated in this very stressful situation. I thought applying for the K1 visa was nightmare, but this has brought it all back.

 

I owe and promise to pay it forward.

 

- lindzray

[African Zealot 1,455]

Thankfully he’s “stuck” in the UK 🇬🇧 which is home instead of some other unfamiliar foreign country. Makes it just a little bit better.

 

The senator requesting the embassy expedite the I-131A  could be fastest. 
 

All the best!

[Mike E 11,739]

If it were me, I would

 

* fly to Canada on his UK passport / ETA for Canada.   

 

* Walk into the USA in the morning,

 

* spend a long day in secondary, and

 

* maybe even get an I-551 stamp if CBP officer is so inclined. 
 

Please update your timeline 

[Rocio0010 5,579]

13 hours ago, Lindzray said:

THANK YOU ALL!!!!

 

I have reached out to our local senator and filed an inquire with the US consulate in London.

 

I realize that you all are "user name strangers" on a forum, but your willingness to jump in and help is so appreciated in this very stressful situation. I thought applying for the K1 visa was nightmare, but this has brought it all back.

 

I owe and promise to pay it forward.

 

- lindzray

Hi there! You’ve been given great advice and I definitely think your post is also helping others (myself included) that have trips planned in the near future. 
It would be extremely useful if you could fill your timeline, including what you sent for the I-751 and the RFE you received. I understand you have bigger concerns now, but it’d definitely help.

 

[Lil bear 4,201]

2 hours ago, Mike E said:

If it were me, I would

 

* fly to Canada on his UK passport / ETA for Canada.   

 

* Walk into the USA in the morning,

 

* spend a long day in secondary, and

 

* maybe even get an I-551 stamp if CBP officer is so inclined. 
 

Please update your timeline 

Another option is to travel to Dublin and leave from there as they do CBP preclearance at Dublin. Quickest way to get face to face with a decision maker who can get the info from the system. 

[Lindzray 43]

5 hours ago, African Zealot said:

Thankfully he’s “stuck” in the UK 🇬🇧 which is home instead of some other unfamiliar foreign country. Makes it just a little bit better.

 

The senator requesting the embassy expedite the I-131A  could be fastest. 
 

All the best!

So true, that is what we keep reminding ourselves of at this time. At least he has a place to stay while we sort this out.

 

I will update as we know more.

[African Zealot 1,455]

2 hours ago, Lil bear said:

Another option is to travel to Dublin and leave from there as they do CBP preclearance at Dublin. Quickest way to get face to face with a decision maker who can get the info from the system. 

Excellent!

 

4 hours ago, Mike E said:

* fly to Canada on his UK passport / ETA for Canada.   

 

* Walk into the USA in the morning,

 

* spend a long day in secondary, and

 

* maybe even get an I-551 stamp if CBP officer is so inclined. 

A really creative solution. More expensive but very feasible.

[Lindzray 43]

2 hours ago, Lil bear said:

Another option is to travel to Dublin and leave from there as they do CBP preclearance at Dublin. Quickest way to get face to face with a decision maker who can get the info from the system. 

We have thought about Dublin, as my husband flew through there once while we were dating and he said it was a lovely experience with CBP.

 

However, my husband spent several hours at Heathrow yesterday speaking with both American Airlines, British Airways and the CBP. American Airlines was super helpful and spent time on the phone (with who I do not know) seeking information. And they offered up the Dublin idea and the CBP officer said he would get the same answer if he tried.

 

So we've heard back from the US consulate this morning and we are in the process of filling for a boarding foil.

 

I am also waiting to hear back from our Senator.