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Posted

Hello everyone,

 

My wife's i-751 ROC was filed on Sept 13, 2021 and it was approved two weeks ago on 6/10/2022 (Card in production update).  On 6/15/2022, we received I-797 Notice of Action in the mail (Approval of request to remove the conditions on your permanent resident status). According USCIS case tracker, the card was picked up on 6/16/2022 by USPS.  We were provided USPS priority mail tracking.  Due to Juneteenth holiday, it showed delivery date of 6/21.  We did not receive the card.  USPS online tracking status shows "In Transit, Arriving late".  We have contacted USPS and opened up a case.  They contacted us yesterday, confirming the shipment made it to Los Angeles International Distribution Center and no update since then.  We get priority mail packages quite a bit and noticed that all of our packages usually go to Los Angeles Network Distribution Center  (which is a different distribution center that the one our card went to). USPS indicated all packages ship from distribution center to local post office in a truck and "There is nobody at the distribution center to call to acquire about this tracking".  Normally we would wait for a few weeks before getting concerned and/or contacting USCIS.  However, we have a pending trip to UK in a few weeks.  My wife still has the original expired 2 year GC and 24 months extension (expires in Dec 2023) plus the new I-797 NOA indicating final approval and removal of condition.  

 

I know we can use expired GC and 24 months extension letter to board the plane back to US.  My question is....would there be an issue upon arrival in the US with CBP if we do NOT have 10 year GC by that time?  We are planning to have the following documents when arriving back in US:

 

  • Wife's UK Passport
  • Expired 2 year GC
  • 24 Months extension
  • I-797 NOA showing final approval and conditions being removed

 

Thank you in advance for your responses.  

 

1274615629_ScreenShot2022-06-23at10_09_08AM.thumb.png.1cc1002cb500b2fa3b163982d5d278c2.png

 

Posted
3 minutes ago, SoCal2021 said:

Hello everyone,

 

My wife's i-751 ROC was filed on Sept 13, 2021 and it was approved two weeks ago on 6/10/2022 (Card in production update).  On 6/15/2022, we received I-797 Notice of Action in the mail (Approval of request to remove the conditions on your permanent resident status). According USCIS case tracker, the card was picked up on 6/16/2022 by USPS.  We were provided USPS priority mail tracking.  Due to Juneteenth holiday, it showed delivery date of 6/21.  We did not receive the card.  USPS online tracking status shows "In Transit, Arriving late".  We have contacted USPS and opened up a case.  They contacted us yesterday, confirming the shipment made it to Los Angeles International Distribution Center and no update since then.  We get priority mail packages quite a bit and noticed that all of our packages usually go to Los Angeles Network Distribution Center  (which is a different distribution center that the one our card went to). USPS indicated all packages ship from distribution center to local post office in a truck and "There is nobody at the distribution center to call to acquire about this tracking".  Normally we would wait for a few weeks before getting concerned and/or contacting USCIS.  However, we have a pending trip to UK in a few weeks.  My wife still has the original expired 2 year GC and 24 months extension (expires in Dec 2023) plus the new I-797 NOA indicating final approval and removal of condition.  

 

I know we can use expired GC and 24 months extension letter to board the plane back to US.  My question is....would there be an issue upon arrival in the US with CBP if we do NOT have 10 year GC by that time?  We are planning to have the following documents when arriving back in US:

 

  • Wife's UK Passport
  • Expired 2 year GC
  • 24 Months extension
  • I-797 NOA showing final approval and conditions being removed

 

Thank you in advance for your responses.  

 

1274615629_ScreenShot2022-06-23at10_09_08AM.thumb.png.1cc1002cb500b2fa3b163982d5d278c2.pngimageproxy.php?img=&key=da9b9b78549feebe

 

I would give it a few more days....the holiday definitely caused a backlog. I live in LA too and I've had many packages and Priority Mail arrive late. Sometime the tracking would show "in transit" for DAYS but it always came within a few days. Hang tight lol, it's only been like 2 days really. If anything, you can always make an InfoPass to get the stamp in her passport as well. Pretty sure this will show up by tomorrow or early next week.

Posted
2 hours ago, SoCal2021 said:

However, we have a pending trip to UK in a few weeks. 

I expected you to be telling us you were flying this Friday given the way you started this thread 😅

 

I'd expect a delayed piece of tracked mail to arrive after a few more days. You should be fine if your trip is still weeks away.

Posted

I think there would be an issue if your green card has been issued but you don't have it when you're back in the US. I also got my notice of approval the other day, waiting on my green card and my notice says don't leave the country as long as you don't have the green card or make an appointment to get a stamp on your passport before you leave. I'm leaving for Europe on July 6th, checking the mail box everyday...  😬

I-751:

 

07/09: Package received by uscis

07/14: Credit card charged

07/16: Text notification (YSC center)

07/22: Fingerprints applied to my case

07/30: NOA

Filed: Timeline
Posted
5 minutes ago, Aquilina said:

I think there would be an issue if your green card has been issued but you don't have it when you're back in the US. I also got my notice of approval the other day, waiting on my green card and my notice says don't leave the country as long as you don't have the green card or make an appointment to get a stamp on your passport before you leave. I'm leaving for Europe on July 6th, checking the mail box everyday...  😬

Takes about 5 days after the notice to get card in hand. You should be good.

N-400

04-13-2022: Applied online; case received

04-15-2022: Biometric reused; case being actively reviewed

12-09-2022: Interview scheduled for 01-20-2023

01-20-2023: Recommended for approval, Oath Ceremony Will Be Scheduled

01-23-2023: Oath ceremony scheduled for 02-16-2023

02-16-2023: Oath taken, naturalized, journey OVER!!

 

RoC

04-14-2021: Package mailed

04-16-2021: Package delivered

05-04-2021: Text received (LIN)

05-05-2021: Check cashed

05-07-2021: I-797 received , GC extended by 18 months

05-28-2021: Biometrics waived -|- Case updated to Fingerprints taken
06-04-2021: Biometrics letter received (dated 05-28-2021)

05-10-2022: New card being produced

05-11-2022: Case approved

05-12-2022: Card mailed

05-16-2022: Card received; also received approval notice letter

 

Marriage based AoS
07-14-2018: Priority date
07-31-2018: Biometric review complete
07-31-2018: RFIE (I-864 related)
11-29-2018: Case ready for interview; EAD card being produced
06-04-2019: Interview scheduled
07-11-2019: Interview; new card being produced

07-18-2019: Card delivered

Filed: Citizen (apr) Country: Myanmar
Timeline
Posted
5 hours ago, SoCal2021 said:

My question is....would there be an issue upon arrival in the US with CBP if we do NOT have 10 year GC by that time?  

I will be the contrarian and not try to soothe you that usps is going to deliver your card before you are due to leave on your trip nor will I tell you that you cannot go on your trip without your 10 year card.  
 

You have a green card + 24 month extension letter that in total produces an I-551 expiration date that is beyond the date of expected return.  

 

Thus you are good to go.  
 

If the card doesn’t arrive before you depart, you can if you want file I-90 online to get a free replacement.  Print the I-90 online receipt.  Present that with your I-551 to CBP.   
 

If CBP barks at you, smile, shrug your shoulders, and carry on. CBP cannot deny you entry. 
 

I am sorry USPS “lost” your card.  My perception is a disproportionate number of green cards get “lost” by USPS.  Green cards should never be sent with anything less than registered mail.   It takes longer but there is actual chain of custody and it is thus harder for USPS to “lose” the card.   
 

See this for how to get a free replacement green card:

 

Posted (edited)
11 minutes ago, Mike E said:

I will be the contrarian and not try to soothe you that usps is going to deliver your card before you are due to leave on your trip nor will I tell you that you cannot go on your trip without your 10 year card.  
 

You have a green card + 24 month extension letter that in total produces an I-551 expiration date that is beyond the date of expected return.  

 

Thus you are good to go.  
 

If the card doesn’t arrive before you depart, you can if you want file I-90 online to get a free replacement.  Print the I-90 online receipt.  Present that with your I-551 to CBP.   
 

If CBP barks at you, smile, shrug your shoulders, and carry on. CBP cannot deny you entry. 
 

I am sorry USPS “lost” your card.  My perception is a disproportionate number of green cards get “lost” by USPS.  Green cards should never be sent with anything less than registered mail.   It takes longer but there is actual chain of custody and it is thus harder for USPS to “lose” the card.   
 

See this for how to get a free replacement green card:

 

Thanks @Mike E

 

I am planning for the worst case scenario (though hoping I get the card and not have to do anything more).  I agree with you.  They should be sending these cards using registered mail.  

Question...do you think we need to get her an ADIT stamp on her passport or would that not be necessary?  If the card does not arrive, I will definitely file I-90 and ask for a replacement.  My wife is planning to apply for Citizenship in September, regardless.  

 

It is bad enough waiting for USCIS to approve ROC, now we have to deal with this....

Edited by SoCal2021
Posted (edited)

I think we are about to be in this situation too. I-751 interview is July 6th and our vacation to Europe is August 7th. Should be interesting!! :)

 

I would think we will all be fine either way. You don't lose your status, it's just an expired card. 

Edited by Sarah&Facundo
Filed: Citizen (apr) Country: Myanmar
Timeline
Posted (edited)
13 minutes ago, SoCal2021 said:

@Mike E

 

I am planning for the worst case scenario (though hoping I get the card and not have to do anything more).  I agree with you.  They should be sending these cards using registered mail.  

Question...do you think we need to get her an ADIT stamp on her passport or would that not be necessary

Unnecessary and it will be denied because she has a valid I-551 in her possession today.  Even if USCIS gave her an ADIT, it would likely take away her green card and extension letter.  That would be terrible: trading a perfectly valid and eligible I-551 for an ink smear.  
 

You can set expectations appropriately and assume  the  10 year card has already been sold on the illicit market.  This way if the card arrives (I give it better than 50 percent probability, but after Saturday under 50 percent)  you can be happy versus the current disappointment you have.  

Edited by Mike E
Posted

I'm really confused, my letter of approval  I got yesterday says ''You should not travel outside the United States until you receive your new Green Card, as you may have difficulty reentering the United States. If an emergency arises and you have a need to travel outside the United States, before you receive your Green Card, you may make an appointment at your local USCIS office to request an I-551 stamp in your passport that shows temporary evidence of status as a lawful permanent resident''.

I'm asking because while I'm 99% sure I'll get my new GC by the end of this week, if I don't get anything by July 1st, I was thinking of making the appointment (trying to think ahead if the situation happens)

I-751:

 

07/09: Package received by uscis

07/14: Credit card charged

07/16: Text notification (YSC center)

07/22: Fingerprints applied to my case

07/30: NOA

Posted
1 minute ago, Aquilina said:

I'm really confused, my letter of approval  I got yesterday says ''You should not travel outside the United States until you receive your new Green Card, as you may have difficulty reentering the United States. If an emergency arises and you have a need to travel outside the United States, before you receive your Green Card, you may make an appointment at your local USCIS office to request an I-551 stamp in your passport that shows temporary evidence of status as a lawful permanent resident''.

I'm asking because while I'm 99% sure I'll get my new GC by the end of this week, if I don't get anything by July 1st, I was thinking of making the appointment (trying to think ahead if the situation happens)

My wife and I are planning to contact USCIS if 10 year GC does not get delivered by next week.  We will probably ask to speak with a Tier-2 officer and will ask him/her on best course of action since our trip is 3 weeks away.  I will also file for I-90 as it was suggested and have a print out copy of that request.  I will definitely post all updates here once I have any.  

Filed: Citizen (apr) Country: Kenya
Timeline
Posted
1 hour ago, Aquilina said:

I'm really confused, my letter of approval  I got yesterday says ''You should not travel outside the United States until you receive your new Green Card, as you may have difficulty reentering the United States. If an emergency arises and you have a need to travel outside the United States, before you receive your Green Card, you may make an appointment at your local USCIS office to request an I-551 stamp in your passport that shows temporary evidence of status as a lawful permanent resident''.

I'm asking because while I'm 99% sure I'll get my new GC by the end of this week, if I don't get anything by July 1st, I was thinking of making the appointment (trying to think ahead if the situation happens)

 

Relax. Expired GC + extension still works. And yes, you can travel on them even though your GC has been issued but you haven't received it.

Immigration journey is not: fast, for the faint at heart, easy, cheap, for the impatient nor right away. If more than 50% of this applies to you, best get off the bus.

Posted (edited)

@Timona I'm pretty relaxed. I was just wondering because I was reading different information between the official letter from USCIS and here, that's all, but thank you for your answer.

Edited by Aquilina

I-751:

 

07/09: Package received by uscis

07/14: Credit card charged

07/16: Text notification (YSC center)

07/22: Fingerprints applied to my case

07/30: NOA

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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