Reapplying for petition

[Family 3,988]

You can try to see if US embassy in Korea will help …a boarding foil I-131 A would take a few days otherwise.

 

https://kr.usembassy.gov/services/conserv-info/

 

https://www.uscis.gov/i-131a

[Adventine 3,196]

@Hopeful2022 sorry to hear this happened to you.

 

@Mike E @Chancy @mindthegap

Given that OP was refused boarding at the transit airport, any ideas how to proceed?

[Adventine 3,196]

I personally don't have any solutions to offer OP apart from contacting the US embassy, or maybe just booking another flight with another airline while they are in South Korea.

 

I think this thread is a good example of how immigration policy in theory differs from practice. OP followed the advice given to present the CBP memo about expired green cards during travel, and in theory they should have been able to reach the US. But in practice, despite citing official CBP policy on expired green cards, OP was denied boarding at the transit airport. Now they are stuck between their country of origin and the USA. 

[Mike E 11,739]

27 minutes ago, Adventine said:

@Hopeful2022 sorry to hear this happened to you.

 

@Mike E @Chancy @mindthegap

Given that OP was refused boarding at the transit airport, any ideas how to proceed?

Delta Airlines is among the worst. It won't let green card holders with extension letters travel to Mexico. I'm not surprised OP was improperly denied boarding. As long as my wife remains an LPR we will never fly Delta internationally.

 

OP is not eligible for a boarding foil. Options:

 

* Try another airline.

* hire an attorney to sue CBP under the Administrative Procedures Act.

* get a visa to travel to Canada or Mexico.

* wait for the new green card

* get as close to Guam as possible and take a private boat from there

 

 

Edited December 24, 2022 by Mike E

[Family 3,988]

34 minutes ago, Mike E said:

OP is not eligible for a boarding foil

Well the fact that he was refused boarding with an expired green card an receipt of I-90 renewal and put at the mercy of capricious CBP interpretation of stated PUBLIC POLICY, I would say it’s the only way of tackling it in the most immediate way…

[Hopeful2022 76]

 

manager called CBP  again and was told i can board again. she said she spoke to a different CBP who gave his name because she the manager has to make a report. idk how is it possible to get another CBP if the 2nd CBP said he is the only one working. but the 3rd CBP said that i should expect a secondary inspection once in the usa. i was booked another flight next day by the airline. 

 

my original flight im supposed to land to LAX, now im flying straight to my original destination

[Family 3,988]

Bravo! You fought hard and fate put a great human ( manager ) in your path.

 

Hats off to @Mike E 

[Mike E 11,739]

6 hours ago, Family said:

Well the fact that he was refused boarding with an expired green card an receipt of I-90 renewal and put at the mercy of capricious CBP interpretation of stated PUBLIC POLICY, I would say it’s the only way of tackling it in the most immediate way…

Waste of money imho.  USCIS and/or DoS can and should say it isn’t their problem neither CBP nor the airline complied with DHS policy and U.S. law.  

1 hour ago, Hopeful2022 said:

 

manager called CBP  again and was told i can board again. she said she spoke to a different CBP who gave his name because she the manager has to make a report. idk how is it possible to get another CBP if the 2nd CBP said he is the only one working. but the 3rd CBP said that i should expect a secondary inspection once in the usa.

CBP is a law enforcement organization and some if  not most  law enforcers lie.  I get beaten up on VJ for saying so, but lying is a legitimate tactic. In you case the lying separates the LPRs who intended to abandon status from those who did not.  
 

As for your secondary, if the airport  has kiosks at passport control, use those. I think it is probable you won’t get a secondary if you use of kiosk.  Most bid not all kiosks use facial recognition and your gc is thus never scanned.  

Do not sign I-407.  By now you should be angry and emboldened by all the jerking around and lies.   If they pressure you, tell them to pound sand and if they keep it up you will file a coercion complaint. You can refer them to this memo:

 

 

 

1 hour ago, Hopeful2022 said:

 

 

i was booked another flight next day by the airline. 

 

my original flight im supposed to land to LAX, now im flying straight to my original destination

Hopefully it works. 

1 hour ago, Family said:

Bravo! You fought hard and fate put a great human ( manager ) in your path.

 

Hats off to @Mike E 

I won’t take a victory lap until OP is home.  

[Hopeful2022 76]

Thank you! 
 

also idk if it matters but the manager was told by the CBP that my GC was issued 2010 according to there system but my card says 2008? Is it possible there system is wrong? 

Edited December 25, 2022 by Hopeful2022

[Hopeful2022 76]

What is a kiosk? Is like the global entry kiosk? 

3 hours ago, Mike E said:

Waste of money imho.  USCIS and/or DoS can and should say it isn’t their problem neither CBP nor the airline complied with DHS policy and U.S. law.  

CBP is a law enforcement organization and some if  not most  law enforcers lie.  I get beaten up on VJ for saying so, but lying is a legitimate tactic. In you case the lying separates the LPRs who intended to abandon status from those who did not.  
 

As for your secondary, if the airport  has kiosks at passport control, use those. I think it is probable you won’t get a secondary if you use of kiosk.  Most bid not all kiosks use facial recognition and your gc is thus never scanned.  

Do not sign I-407.  By now you should be angry and emboldened by all the jerking around and lies.   If they pressure you, tell them to pound sand and if they keep it up you will file a coercion complaint. You can refer them to this memo:

 

 

 

Hopefully it works. 

I won’t take a victory lap until OP is home.  

 U cant lie to CBP but they can lie to u 😏😒😞

[Hopeful2022 76]

Is kiosk the Automated Passport Control (APC)? I just googled it but I honestly don’t know what it is

[Hopeful2022 76]

20 minutes ago, Hopeful2022 said:

Is kiosk the Automated Passport Control (APC)? I just googled it but I honestly don’t know what it is

I read that I would still meet up with a CBP before exiting because I have to show them the receipt and passport needs to be stamped?

[Mike E 11,739]

6 hours ago, Hopeful2022 said:

What is a kiosk? Is like the global entry kiosk?

https://www.merriam-webster.com/dictionary/kiosk

 

“ 2

: a small stand-alone device providing information and services on”
 

Humans have been using kiosks for decades to buy tickets, get boarding passes, etc.  

 

In this context it is a machine that processes you for entry into the USA. U.S. citizens, LPRs, and some foreigners are eligible.
 

The kiosks I am referring to are different from global entry.  My wife and I used these kiosks at the Miami cruise port in December of 2021.  They were pure facial recognition. I did not have to present my US passport or passport card. My wife did not have to present her green card.  The machine scanned our faces and we were admitted into the USA.  Increasingly more airports and cruise ports use kiosks.  They are the wave of the future.  
 

There have been reports that LPRs with expired green cards have been processed by these kiosks with no secondary or interaction with a CBP officer.  This is one reason why you were urged to file I-90.  

Edited December 25, 2022 by Mike E

[Mike E 11,739]

5 hours ago, Hopeful2022 said:

I read that I would still meet up with a CBP before exiting because I have to show them the receipt and passport needs to be stamped?

As these are not Global entry kiosks: Not in my experience 

[Mike E 11,739]

6 hours ago, Hopeful2022 said:

also idk if it matters but the manager was told by the CBP that my GC was issued 2010 according to there system but my card says 2008? Is it possible there system is wrong? 

Yes.  My “resident since date” evolved over time.  At my I-485 interview, I was approved on the spot and given an I-551 stamp dated July 8.  By the time by green card arrive 5 months later, my resident since date became July 26.  After my second green card it became August 19.