@mindthegap I751 pending first filing denied, was referred to court. Second i751 filled but pending. Can I travel out of the USA?

[Eke101 0]

I751 pending 

[Rocio0010 5,579]

Can you provide us with more details?

why was it denied?

how long ago?

where are you from?

 

unless you give more details and complete your timeline it’d be very hard to help you.

[Ontarkie 14,215]

~~Moved to ROC, from DCF~~

[mindthegap 2,589]

Yes* 

 

DO NOT do so without obtaining an i-551 stamp BEFORE you leave. If you have an old I-551 stamp based on the denied filing, then obtain a new one based on the NEW filing and receipt number.

I would also strongly advise that you check HERE frequently, and especially right before you travel to ensure a hearing/judgement has not been made in abstentia.

 

 

*caveat being that if it is just at the referral, NTA or during the hearing stage then yes, as you are entitled to an i-551 stamp up to and during any immigration court proceedings and remain a lawful permanent resident throughout any proceedings. 

If however, there has been a hearing and a final order of removal made by an immigration judge (or, a hearing & final order made in abstentia because, say, you missed the court date due to missing mail, which can and does happen) then no, as you would no longer be a permanent resident from the point the judgement is made and would not be permitted to re-enter on that basis. 

 

Edited October 13, 2022 by mindthegap

[Eke101 0]

Thanks @mindthegap for the info. still want to get it clear here,. I'm on a removal Procesding cos my wife did not attend the interview with me.  It was denied and I was taken to court for removal.  Now I filled for a new i751 for a waiver and has been given an extension of 18 mouths . So my question is,  with the removal process, can I travel out of the USA with the stamp i551?

[nastra30 2,284]

34 minutes ago, Eke101 said:

Thanks @mindthegap for the info. still want to get it clear here,. I'm on a removal Procesding cos my wife did not attend the interview with me.  It was denied and I was taken to court for removal.  Now I filled for a new i751 for a waiver and has been given an extension of 18 mouths . So my question is,  with the removal process, can I travel out of the USA with the stamp i551?

Are you and wife divorced?

[mindthegap 2,589]

1 hour ago, Eke101 said:

Thanks @mindthegap for the info. still want to get it clear here,. I'm on a removal Procesding cos my wife did not attend the interview with me.  It was denied and I was taken to court for removal.  Now I filled for a new i751 for a waiver and has been given an extension of 18 mouths . So my question is,  with the removal process, can I travel out of the USA with the stamp i551?

Understood. 
So you received a denial letter. Did you subsequently receive an NTA? Have you been to court? 
 

[Eke101 0]

@mindthegap yes I recieved the denial letter and I also received NTA after I refilled the i751 by myself.  The court proceeding is pending until the determination of the new i751 I filled. I was also given an extension of 18 months after I filed which has expiring in this October .

[Eke101 0]

@mindthegap we are also divorced and I have my divorce papers 

[Pinkrlion 2,715]

It has always been recommended when in removal proceedings to not leave the country.  When did you originally file ROC?  Your extension is only good 18 months from expiration of original 2 year GC.   No matter how many times you refilled.

Edited October 13, 2022 by Pinkrlion

[Eke101 0]

@Pinkrlion filed my ROC in February 2021 and it was recieved in March 2021. Still waiting to be called for interview or anything.

[Eke101 0]

@Pinkrlion but the first ROC was filled in 2019.

[OldUser 6,604]

@Eke101 Your GC expired long time ago. Even if they issued you a 24 extension letter, that would no longer be valid. The only thing you can try obtaining is I-551 stamp. Even with that I wouldn't travel.

[mindthegap 2,589]

41 minutes ago, Eke101 said:

@mindthegap yes I recieved the denial letter and I also received NTA after I refilled the i751 by myself.  The court proceeding is pending until the determination of the new i751 I filled. I was also given an extension of 18 months after I filed which has expiring in this October .

Cool. Yes that is what happens - all I-751s must be adjudicated USCIS before court proceedings can continue.

 

Yes you are good to travel. But, you MUST go get that I-551 stamp in your passport BEFoRe you leave. Doesn’t matter if you had one previously for your now denied filing, go get a fresh one tied to the new filing.
Your current receipt/extension letter is useless with a long expired card, even if it’s less than 18 months since issue , so you need that stamp - DO NOT RELY ON THE LETTER. 
You are legally entitled to that stamp. End of. 

 

Your stamp will be annotated TC-1, so CBP will know you are/were an immediate relative with a denial and refile/re-open, and you will unfortunately have to visit secondary for them to verify your status. This is to ensure that you haven’t had a final order of removal since obtaining the stamp. 
It generally only takes a few mins, and then you are stamped in as normal - ARC or LPR, ie, admitted as the permanent resident that you are , NOT paroled in. 
Having said that it would be prudent for you to take important paperwork with you - denial letter, original receipt, new receipt, expired card, divorce papers etc, just in case. 
 

Dont worry too much. It’s a bit nervy the first couple of times you do it, but it’ll subside. The law is on your side and you have rights. 
 

28 minutes ago, Pinkrlion said:

It has always been recommended when in removal proceedings to not leave the country. 

The law says otherwise.

Until a final order of removal, the OP is a permanent resident, and has the right to enter the country, work, travel, and all other rights afforded to any permanent resident. Even if their second I-751 was to be denied while they were out of the country, they would still be classed as a permanent resident and able to re-enter using the stamp. Even if denied again the OP would still be entitled to that immigration court hearing in order for a final order of removal to be made,l or the case chucked out, AND they could also refile again if so inclined. 

Edited October 13, 2022 by mindthegap

[Pinkrlion 2,715]

1 hour ago, mindthegap said:

 

The law says otherwise.

Until a final order of removal, the OP is a permanent resident, and has the right to enter the country, work, travel, and all other rights afforded to any permanent resident. Even if their second I-751 was to be denied while they were out of the country, they would still be classed as a permanent resident and able to re-enter using the stamp. Even if denied again the OP would still be entitled to that immigration court hearing in order for a final order of removal to be made,l or the case chucked out, AND they could also refile again if so inclined. 

It does not matter what the law says, it has always been recommended that when in removal proceedings to not to leave the country.  OP can make up their own decision to come and go.