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

[pm5k 129]

Review this

https://www.aila.org/File/DownloadEmbeddedFile/88555

[PaddyGirl13 75]

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. 

The only issue with Dublin is that is if the Airline deny at check in you don't physically get near CBP as that is airside. I'd check with Dublin to see if they would let you through to CBP first before booking a flight.

 

[Mike E 11,739]

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. 

Convincing the airline to provide a boarding pass to get to preclearance will be a challenge.  
 

And even so, CBP at preclearance has been known to refuse US citizens without US passports entry into the US.  So I think they are less likely to let this slide.
 

My opinion is that that trying Dublin (or any other Irish preclearance) will be a low percentage waste of time.  

Edited June 9, 2022 by Mike E

[Mike E 11,739]

5 minutes ago, pm5k said:

Review this

https://www.aila.org/File/DownloadEmbeddedFile/88555

You can even review it from the horse’s mouth: https://www.cbp.gov/sites/default/files/assets/documents/2021-Dec/Reminder- LPR Boarding 20210305.pdf

 

It doesn’t change the fact that with an expired extension letter, airlines aren’t going to board. 

[pm5k 129]

22 hours ago, Mike E said:

You can even review it from the horse’s mouth: https://www.cbp.gov/sites/default/files/assets/documents/2021-Dec/Reminder- LPR Boarding 20210305.pdf

 

It doesn’t change the fact that with an expired extension letter, airlines aren’t going to board. 

I did not see that .  Thanks!

[Ankomah 5]

On 6/8/2022 at 1:58 PM, Lindzray said:

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!)

 

[Ankomah 5]

Why on earth did he do that? It stated on the travel form that if you left out of the country before approval, USCIS will assume you abandoned the paperwork. I suggest that you re-file it and pay for it this time….noting that he is out of the country. Don’t know how long that will take, though, because they probably won’t make it a priority. Good lick

[Caligirl1 213]

On 6/8/2022 at 10:58 AM, Lindzray said:

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!)

My question is: why was boarding the plane denied? All you need for that is your passport and ticket . You need your gc when you enter the us at customs.🤔

[Chancy 6,241]

12 minutes ago, Caligirl1 said:

All you need for that is your passport and ticket . You need your gc when you enter the us at customs.🤔

 

Incorrect.  Airlines are required to check US-bound passengers' travel documents prior to boarding, or else the airline will be fined by CBP for boarding passengers without proper documents.  The CBP's Carrier Information Guide lists the acceptable documents for entry for LPRs, and also notes that "bringing an alien without a valid unexpired entry document" is a fineable offense -- https://www.cbp.gov/sites/default/files/assets/documents/2019-Mar/2019 Carrier Information Guide - ENGLISH.pdf

 

[Caligirl1 213]

1 hour ago, Chancy said:

 

Incorrect.  Airlines are required to check US-bound passengers' travel documents prior to boarding, or else the airline will be fined by CBP for boarding passengers without proper documents.  The CBP's Carrier Information Guide lists the acceptable documents for entry for LPRs, and also notes that "bringing an alien without a valid unexpired entry document" is a fineable offense -- https://www.cbp.gov/sites/default/files/assets/documents/2019-Mar/2019 Carrier Information Guide - ENGLISH.pdf

 

🤔I didn't know that. All I know is,when I booked my flight online I had to put in my information like passportnumber and visanumber.but nothing at check-in,before boarding the plane.was his gc still valid when he booked his flight?

Edited June 13, 2022 by Caligirl1
Typo

[Lindzray 43]

15 hours ago, Ankomah said:

Why on earth did he do that? It stated on the travel form that if you left out of the country before approval, USCIS will assume you abandoned the paperwork. I suggest that you re-file it and pay for it this time….noting that he is out of the country. Don’t know how long that will take, though, because they probably won’t make it a priority. Good lick

Ankomah,  Please don't start (what I hoped would be a helpful) comment with "why on earth..." Because it is not helpful and infers so much judgement. I am here looking for advice and  to see if anyone had a similar experience. Your comment is not helpful and you do not understand the full situation. Thank you.

 

I am also here to hopefully help people avoid this situation in the future.

Edited June 13, 2022 by Lindzray
Addtional information

[Lindzray 43]

Update: I have spoken with an immigration attorney and with USICS.

 

The attorney said it was a  "the luck of the draw" with the airlines. As some of you have stated above, the airline is looking for this and if we had had the ORIGINAL notice of action on the  I-751 he would have been allowed to board and when he got to the US he would have been pulled into the side room and more research into his case would have been done.

 

We made the mistake of not bringing the original but instead had a copy.

 

We have been advised to move forward with the application for a boarding foil, paid the $575 and now my husband has an appointment tomorrow at the US Embassy.

 

***Our case had fallen into the COVID abyss some where in 2020 and has been pending for some time. We are currently waiting to receive a NOA with an interview date. 

 

I will keep you posted on results of tomorrow's appointment and processing times.

[Mike E 11,739]

3 hours ago, Lindzray said:

Update: I have spoken with an immigration attorney and with USICS.

 

The attorney said it was a  "the luck of the draw" with the airlines. As some of you have stated above, the airline is looking for this and if we had had the ORIGINAL notice of action on the  I-751 he would have been allowed to board and when he got to the US he would have been pulled into the side room and more research into his case would have been done.

 

We made the mistake of not bringing the original but instead had a copy.

 

We have been advised to move forward with the application for a boarding foil, paid the $575 and now my husband has an appointment tomorrow at the US Embassy.

 

***Our case had fallen into the COVID abyss some where in 2020 and has been pending for some time. We are currently waiting to receive a NOA with an interview date. 

 

I will keep you posted on results of tomorrow's appointment and processing times.

Where is the original notice of action today?

[Lindzray 43]

2 minutes ago, Mike E said:

Where is the original notice of action today?

The original notice is currently on it's way to the UK via Fedex! 🤦🏻‍♀️

[Caligirl1 213]

1 hour ago, Lindzray said:

The original notice is currently on it's way to the UK via Fedex! 🤦🏻‍♀️

😱 omg,that's just horrible! I'm so sorry you're in this situation right now! Hopefully, with the original NOA and the embassy, it will all be sorted out and get to an happy end🍀