Is a Reentry permit valid if GC and extension letter is expired? (merged)

[ositakl 1]

I am out of the country (Since feb) due to some unforseen circumstances (all of which I have official documentation for).

 

Prior to leaving, I submitted a reentry permit - currently pending for 15 months so far.

 

My greencard and extension letters have all expired.

 

1. Once the re-entry permit comes back in, am I free to enter the states, even with my expired GC?
2. What is the date typically put for the reentry? Is it from the filed date, or the date they approve it?
3. Are most people approved for re-entry? I have no reason to not get approved, but I am curious.
4. If my Greencard comes back approved, but my Reentry is still not in, what is my option for returning?

[Mike E 11,739]

1. Yes.  Present only your re-entry permit to the airline. See 
https://archive.org/details/2019carrierinformationguide-english/page/n4/mode/1up?view=theater&q=Entry

2. I don’t know. 
3. Most people are approved for the re-entry permit. Eventually. These days I think most return before it is approved. 
4.  Use your new green card to travel to the U.S., ideally before you have 24 months of continuous absence 

Edited November 25, 2022 by Mike E

[Ontarkie 14,192]

~~Moved to Working and Traveling, from US Citizenship General Discussion~~

[da95826 387]

1 hour ago, ositakl said:

My greencard and extension letters have all expired.

 

Looks like you will have an issue with getting a reentry permit….

From Page 3 of the instructions for the I-131...

(2) A Reentry Permit issued to a conditional permanent resident is valid for 2 years from the date of issuance, or to the date the conditional permanent resident must apply for removal of the conditions on his or her status, whichever date comes first.

 

You can not have a re-entry permit issued after your conditional green card has expired. I don't think you will be able to get a valid re-entry permit. Not sure how you are going to be able to board the airplane to come to the USA. You may need to go to the US embassy and get a Boarding Foil. 

You are out of the USA with both an expired green card and expired extension letter so that is a problem unless you have an unexpired i551 stamp in your passport.

[Mike E 11,739]

Is it possible OP has a 10 year gc?

[da95826 387]

5 minutes ago, Mike E said:

Is it possible OP has a 10 year gc?

I guess it is possible, an I-90 renewal application extension letter may have expired. Not sure if there would still be an issue without a valid extension letter and expired green card. But I would think the reentry permit would be good with the 10 year green card.

[ositakl 1]

34 minutes ago, da95826 said:

Looks like you will have an issue with getting a reentry permit….

From Page 3 of the instructions for the I-131...

(2) A Reentry Permit issued to a conditional permanent resident is valid for 2 years from the date of issuance, or to the date the conditional permanent resident must apply for removal of the conditions on his or her status, whichever date comes first.

 

You can not have a re-entry permit issued after your conditional green card has expired. I don't think you will be able to get a valid re-entry permit. Not sure how you are going to be able to board the airplane to come to the USA. You may need to go to the US embassy and get a Boarding Foil. 

You are out of the USA with both an expired green card and expired extension letter so that is a problem unless you have an unexpired i551 stamp in your passport.

Oh wow that's news to me, I applied to have conditions removed from my green card 27 months ago. 

I applied for the reentry permit 14 months ago. 

I am not on the 10 yr gc. 

 

So I'm screwed with any option? 

 

 

Edit. No i551 either. Ive been out of the country since about 150 days prior to the expiration of my extension so I wasn't able to get that in the 30 day window. 

Edited November 25, 2022 by ositakl

[da95826 387]

15 minutes ago, ositakl said:

So I'm screwed with any option? 

I think you need to get a Boarding Foil from the US embassy is your best option to fly back to the US. If you can get to the US border I think you will be admitted to the USA as you are still a LPR. The problem you have is flying back to the US, airlines won’t let you board without the needed documentation.

 

I guess your i751 could get approved without an interview and your 10 year green card would be sent to your USA address and you could use it. You may get an i751 interview notice, you need to get back to the USA for that however otherwise your ROC would be denied.

 

Your other option may be an SB1 visa if needed.

 Permanent resident aliens, who were unable to return to the United States for reasons beyond their control within the travel validity period of the Permanent Resident Card (Green Card), or the Reentry Permit, may apply for a special immigrant Returning Resident (SB1) visa.

[ositakl 1]

54 minutes ago, da95826 said:

I think you need to get a Boarding Foil from the US embassy is your best option to fly back to the US. If you can get to the US border I think you will be admitted to the USA as you are still a LPR. The problem you have is flying back to the US, airlines won’t let you board without the needed documentation.

 

I guess your i751 could get approved without an interview and your 10 year green card would be sent to your USA address and you could use it. You may get an i751 interview notice, you need to get back to the USA for that however otherwise your ROC would be denied.

 

Your other option may be an SB1 visa if needed.

 Permanent resident aliens, who were unable to return to the United States for reasons beyond their control within the travel validity period of the Permanent Resident Card (Green Card), or the Reentry Permit, may apply for a special immigrant Returning Resident (SB1) visa.

Okay sounds good thank you for the options.

The boarding foil is sounding like my best option ATM. I may try to fly to Guam and get that taken care of soon. 

 

Regarding the foil. I know people who are under 1 year out of the states typically get approved, is it likely to be denied if youre out of the country past a year? 

[da95826 387]

4 minutes ago, ositakl said:

Regarding the foil. I know people who are under 1 year out of the states typically get approved, is it likely to be denied if youre out of the country past a year? 

You have only been out of the US since February so you should return to the USA sooner rather than later. I would get back to the USA before you are out for more than a year to preserve your LPR status. 

 

I don’t know about the limitations of the boarding foil but I would get back to the USA and get your i551 stamp ASAP. Then you can return to your county if needed for up to a year. Also, there is a good chance your ROC interview may be happening in the near future so you need to be able to get back to the US quickly.

 

If you stay out of the USA for more than a year then the SB1 visa may be your only option. Not sure if SB1 works with conditional green cards so you may want to check if you need to spend a lot more time out of the US.

[ositakl 1]

A flight to Guam is 80% cheaper and faster for me than Hawaii or another state. Would this be feasible? 

[Dashinka 24,372]

Don’t fully understand the question.  Are you planning on entering the US with an immigrant visa for endorsement, then go back?  If so, I believe Guam would work as US CBP is there.

 

If it is for another reason, please clarify.

[mniceguy16 185]

12 hours ago, ositakl said:

I am out of the country (Since feb) due to some unforseen circumstances (all of which I have official documentation for).

 

Prior to leaving, I submitted a reentry permit - currently pending for 15 months so far.

 

My greencard and extension letters have all expired.

 

1. Once the re-entry permit comes back in, am I free to enter the states, even with my expired GC?
2. What is the date typically put for the reentry? Is it from the filed date, or the date they approve it?
3. Are most people approved for re-entry? I have no reason to not get approved, but I am curious.
4. If my Greencard comes back approved, but my Reentry is still not in, what is my option for returning?

Did you request for someone to check your mails? At times when the 18 months extension letter is about to expire, USCIS automatically sends a 24 months extension, which adds several months to the 18 months extension letter. If you got the 18 months and not the 24 months, you should ask someone to check your mail and you may just be lucky they mailed one.

[Crazy Cat 41,608]

Assuming the OP filed to remove conditions when the 90 day window opened (OP stated he/she filed 27 months ago), he/she is very near or beyond the 24 month extension date today.

Edited November 25, 2022 by Crazy Cat

[da95826 387]

6 hours ago, ositakl said:

A flight to Guam is 80% cheaper and faster for me than Hawaii or another state. Would this be feasible? 

Yes there is a USCIS field office there...

You will need to make an infopass appointment.

Edited November 25, 2022 by da95826