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

[Mike E 11,739]

2 hours ago, Lindzray said:

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

So why are you getting a boarding foil?

[Villanelle 4,122]

19 minutes ago, Mike E said:

So why are you getting a boarding foil?

Because their NOA extension has expired. 

 

From my understanding the OPs spouse traveled and failed to get a 551 stamp before departure. The boarding foil is the only document now that will allow him back. 

 

He incorrectly took a copy of his expired NOA extension and the attorney suggested that perhaps if he had the original notice the airline might have let him through and sorted it on the other side. IMO they probably wouldn't have but who knows. 

 

Now they could of course attempt the trip again and see if the original copy will work but it's a foolish gamble to take when they have been advised of the correct action to take.  Personally I would rather go through the minimal hassle of getting the foil and know there won't be any issues rather than dealing with the airline and then facing detainment once stateside while they 'figure it out'.

[Lindzray 43]

19 hours ago, Villanelle said:

Because their NOA extension has expired. 

 

From my understanding the OPs spouse traveled and failed to get a 551 stamp before departure. The boarding foil is the only document now that will allow him back. 

 

He incorrectly took a copy of his expired NOA extension and the attorney suggested that perhaps if he had the original notice the airline might have let him through and sorted it on the other side. IMO they probably wouldn't have but who knows. 

 

Now they could of course attempt the trip again and see if the original copy will work but it's a foolish gamble to take when they have been advised of the correct action to take.  Personally I would rather go through the minimal hassle of getting the foil and know there won't be any issues rather than dealing with the airline and then facing detainment once stateside while they 'figure it out'.

Well said. I should have had you explain this to everyone (lol). Thank you!!

[Lindzray 43]

Update: Husband has successfully been approved at the US Embassy for the boarding foil (thanks to the $575) and we are waiting to have his passport couriered back to him. TBD on how long this will take.

 

 

[Dashinka 24,493]

2 minutes ago, Lindzray said:

Update: Husband has successfully been approved at the US Embassy for the boarding foil (thanks to the $575) and we are waiting to have his passport couriered back to him. TBD on how long this will take.

 

 

Good to hear he was able to get a boarding foil.  I agree with @Villanelle, I don't think the airlines would have boarded him with an expired NOA (original or copy), but he should be good with the boarding foil.  As to how long it will take to get his passport, don't really know, hopefully not more than a day or two.

 

When he gets back, make an appointment at your USCIS local office and get an I551 stamp.

 

Good Luck!

[Caligirl1 213]

1 hour ago, Lindzray said:

Update: Husband has successfully been approved at the US Embassy for the boarding foil (thanks to the $575) and we are waiting to have his passport couriered back to him. TBD on how long this will take.

 

 

Awesome👍

[Mike E 11,739]

21 hours ago, Villanelle said:

Because their NOA extension has expired. 

 

 

OP wrote:

 

”and if we had
had the oRIGINAL notice of
action on the I-751 he would
have been allowed to board”

 

If it is expired he would not have been allowed to board.  
 

I am totally confused.  

[Villanelle 4,122]

1 hour ago, Mike E said:

OP wrote:

 

”and if we had
had the oRIGINAL notice of
action on the I-751 he would
have been allowed to board”

 

If it is expired he would not have been allowed to board.  
 

I am totally confused.  

The portion you quoted above was said by an attorney to the OP when they asked for help from the attorney with this. 

 

Obviously the attorney was incorrect. Perhaps the statement was taken out of context or perhaps the attorney honestly believes the airline would have allowed boarding and it could have been sorted stateside. Majority of users here would agree it's unlikely the airline would allow boarding but yeah technically possible just improbable.

 

I suppose if he was allowed boarding and then things would have needed to be 'sorted' that could result in a paycheck for the attorney if the OP spouse was granted admission and referred to court.

 

Either way the advice by the attorney was incorrect but fortunately the OPs spouse disregarded it and obtained the boarding foil.

 

I believe the boarding foil is a one time use document and the OP should seek a 551 stamp asap upon his return incase further travel is needed in the future before his roc is approved and new card received. The OP mentioned receiving various notices as the roc case has been pending a while and transferred but you only get one NOA extension upon filing. If ones case is still pending when it expires you don't get an additional extension letter. You must get the 551 stamp to use as proof of status/travel/employment purposes etc. 

[Diane and Chris 651]

17 hours ago, Villanelle said:

The OP mentioned receiving various notices as the roc case has been pending a while and transferred but you only get one NOA extension upon filing. If ones case is still pending when it expires you don't get an additional extension letter. You must get the 551 stamp to use as proof of status/travel/employment purposes etc. 

My husband received an 18 month extension when we first filed ROC. Then he received a 24 month extension in March of this year as the 18 month was expiring. 

[Villanelle 4,122]

3 hours ago, Diane and Chris said:

My husband received an 18 month extension when we first filed ROC. Then he received a 24 month extension in March of this year as the 18 month was expiring. 

Thanks for this information!

It seems as part of the COVID response USCIS took various actions including extending from 18 to 24 months as well as sending a second notice to those who were still pending adjudication. It's not clear if this is just a temporary response or will be the standard moving forward. 

 

 

[Lindzray 43]

Update: Husband received his boarding foil and his passport today via courier and he is set to travel back to the US tomorrow.

 

Thank you again to all that helped us uncover our misstep and provided solutions.

 

We are still pending on a interview date with USCIS, but have hope it will arrive soon.