International travel canceled - How can we get a green card extension and travel?

[microcebus 40]

My wife and I were planning to go overseas for the holidays this year.  We had to cancel the trip yesterday while we were at the airport because she had left her green card at home and we could not check her in for her flight.  (She still has a Singapore passport and isn’t going to pursue U.S. citizenship.)

 

Although we initially had the airline reschedule the trip to today, we ended up canceling the trip.  Her green card has an expiration date of over a year ago (September 2021).  The I-751 NOA, which we received in July 2021, says her conditional permanent residency is extended for 18 months from the date which is on the card (not the date which is on the NOA, so March 2023).  She originally moved to the U.S. in November 2018 under the K-1 visa.  Her original EAD/AP combo card expired in 2020.

 

Two employees at the airline check-in, who are immigrants too, told us that the airports in Europe would not allow her to board the flight and she would be stuck in Europe.  They also said the airline would be fined $15,000 for letting an “illegal” immigrant back into the U.S.  After we found this thread, we were no longer confident that she could travel abroad even with the green card and the original of the NOA.  If she is deported, that is a criminal offense which would kick her out of the U.S. and cancel her Australia permanent residency (which she also has).  We want to move back to Australia, so a 10-day vacation to Europe is not worth the risk of losing that.

 

So this raises several concerns for us (aside from trying to get a refund on our expensive travel)…

 

1. USCIS processing times at YSC for I-751 are now 26 months.  Our extension was only 18 months, and the USCIS case inquiry said we could not even ask them about the case until October 2023.  How can my wife still legally be in the United States and be able to work while we are still waiting for USCIS?
2. Why don’t the extension letters cover this entire lengthy processing time?  We filed the correct papers and paid all of the fees… why would she be treated like an illegal immigrant?
3. How do we get an extension that the airlines and customs people will actually, consistently, honor?  With the documents we currently have, it’s luck of the draw and we can’t travel abroad without worrying about this.
4. If she had a family emergency and had to go back to Singapore or Australia, how can she do even that travel without running the risk of not being let back in to the U.S.?

Edited December 16, 2022 by microcebus

[mindthegap 2,590]

23 minutes ago, microcebus said:

Two employees at the airline check-in, who are immigrants too, told us that the airports in Europe would not allow her to board the flight and she would be stuck in Europe. 

If your 2 yr card expired more than 18 months ago, then they would have been correct. In such a situation you would have been stuck, at least until you visited a US embassy for an I-131A boarding foil ($575) to return back to the US.

 

However, if the card did expire in September 2021 as you say and you have an 18 month extension letter, then no, they were incorrect, as the letter extends for exactly 18 months from the date of expiry on the 2yr card, which would put you at expiry in (back of cigarette packet maths) march 2023. With the expired card and a valid (original, watermarked) extension letter, you are permitted boarding back to the US on any carrier, as confirmed in the carrier information guide.

After that date, then yes they would be correct.

 

 

23 minutes ago, microcebus said:

1 - USCIS processing times at YSC for I-751 are now 26 months.  Our extension was only 18 months, and the USCIS case inquiry said we could not even ask them about the case until October 2023.  How can my wife still legally be in the United States and be able to work while we are still waiting for USCIS?

 

Because the card/extension letter are proof of status and not the status itself.

While the I-751 process is underway you remain a LPR until approved, or an immigration judge says otherwise. Even with an I-751 you remain a permanent resident until an immigration judge says otherwise.

At no time have you been an illegal during the I-751 process, regardless of expired extension letters or not. 

 

23 minutes ago, microcebus said:

 

2 - Why don’t the extension letters cover this entire lengthy processing time?  We filed the correct papers and paid all of the fees… why would she be treated like an illegal immigrant?

Because USCIS suck and have massive backlogs entirely of their own making.

if it helps, they used to be 12 month extension letters, then 18, and now I believe recently (and someone correct me if I a wrong) 24 months ones appear.

 

23 minutes ago, microcebus said:

3 - How do we get an extension that the airlines and customs people will actually, consistently, honor?  With the documents we currently have, it’s luck of the draw and we can’t travel abroad without worrying about this.

You call USCIS, say 'infopass' to the automated idiot, speak to a tier 1 idiot, who will schedule a call back from a tier 2 idiot at a completely random time, who will schedule your appointment with another idiot at your nearest USCIS office to issue you an I-551 stamp in passport. 

This is a temporary permanent resident stamp and acts as proof of permanent residence and is sufficient for travel to the US. They are issued for twelve months at a time and can be renewed around a month or so from expiry. They are currently a massive pain to get. despite being legally entitled, some could argue required, to have one. 

No further extension letters are issued, so an I-551 stamp is your main option. 

 

23 minutes ago, microcebus said:

4 - If she had a family emergency and had to go back to Singapore or Australia, how can she do even that travel without running the risk of not being let back in to the U.S.?

You try to plan ahead so you aren't in such a situation and you have valid documentation at all times. . But if you were in such a situation, because life, you can get an urgent (like, same day in some cases) infopass appoinment in genuine short notice emergencies, but best to avoid being in that situation if you can at all help it.

Edited December 16, 2022 by mindthegap

[Mike E 11,739]

29 minutes ago, microcebus said:

Although we initially had the airline reschedule the trip to today, we ended up canceling the trip.  Her green card has an expiration date of over a year ago (September 2021).  The I-751 NOA, which we received in July 2021, says her conditional permanent residency is extended for 18 months from the date which is on the card (not the date which is on the NOA, so March 2023).

She should have received a 24 month extension letter by now.

 

Quote

Two employees at the airline check-in, who are immigrants too,

Clearly they aren't very good at being immigrants. Unless they showed you their green cards, I don't believe they are immigrants.

 

Name and shame the airline please.

 

Quote

\told us that the airports in Europe would not allow her to board the flight and she would be stuck in Europe.

You were lied to.

 

Quote

 

They also said the airline would be fined $15,000 for letting an “illegal” immigrant back into the U.S.

You were lied to.

 

This is CBP's word on this topic:

 

https://www.cbp.gov/sites/default/files/assets/documents/2021-Dec/Reminder- LPR Boarding 20210305.pdf :

 

 

Quote

 

Expired Conditional Resident: Two-year validity

• A Conditional Resident with an expired PRC (with a two-year expiration date) may be boarded if also in

  possession of a Notice of Action (Form I-797).

• The Notice of Action extends the validity of the card for a specified length of time, generally 18 months.

• Do not board the traveler if they are not in possession of Form I-797.

 

 

 

 

Quote

 

After we found this thread, we were no longer confident that she could travel abroad even with the green card and the original of the NOA.

In that thread, both the green card and extension letter were expired. Does not apply.

 

Quote

If she is deported, that is a criminal offense which would kick her out of the U.S. and cancel her Australia permanent residency (which she also has).  We want to move back to Australia, so a 10-day vacation to Europe is not worth the risk of losing that.

Allowing under educated airliner workers to run your life isn't a good life strategy, IMHO. LPRs can only be deported after a judge revokes status.

 

Quote

 

So this raises several concerns for us (aside from trying to get a refund on our expensive travel)…

 

1. USCIS processing times at YSC for I-751 are now 26 months.  Our extension was only 18 months, and the USCIS case inquiry said we could not even ask them about the case until October 2023.  How can my wife still legally be in the United States and be able to work while we are still waiting for USCIS?

LPR status is for life and only an immigration judge can revoke it.

 

Quote

1. Why don’t the extension letters cover this entire lengthy processing time?  We filed the correct papers and paid all of the fees… why would she be treated like an illegal immigrant?

You should have a 24 month letter.

Quote

 

1. How do we get an extension that the airlines and customs people will actually, consistently, honor?  With the documents we currently have, it’s luck of the draw and we can’t travel abroad without worrying about this.

Can't done if your airline refuses to follow CBP regulations. Find a new airline. Avoid Delta, Spirit, and Turkish

Quote

 

1. If she had a family emergency and had to go back to Singapore or Australia, how can she do even that travel without running the risk of not being let back in to the U.S.?

Airlines that have allowed my wife to travel with a 24 month extension letter:

 

* Jet Blue

* American Airlines

* United Airlines

Edited December 16, 2022 by Mike E

[OldUser 6,650]

Hi @Mike E from what I understood, she didn't have 2 year green card with her.

So airline employees were right to suggest she would not be allowed to board the plane from Europe to USA. Of course, if she applied for I-131A that's another story.

 

Also, why do you think his wife should have a 24 month extension letter? Were they issued to everybody who had 18 month extension?

Edited December 16, 2022 by OldUser

[Mike E 11,739]

26 minutes ago, OldUser said:

Hi @Mike E from what I understood, she didn't have 2 year green card with her.

The sequence of events was they were denied boarding in the U.S. at the airport because she didn't have her green card. And then after rescheduling their flight, they canceled their flight because of what the employees told her:

 

1 hour ago, microcebus said:

Although we initially had the airline reschedule the trip to today, we ended up canceling the trip.  Her green card has an expiration date of over a year ago (September 2021).  The I-751 NOA, which we received in July 2021, says her conditional permanent residency is extended for 18 months from the date which is on the card (not the date which is on the NOA, so March 2023).  She originally moved to the U.S. in November 2018 under the K-1 visa.  Her original EAD/AP combo card expired in 2020.

 

Two employees at the airline check-in, who are immigrants too, told us that the airports in Europe would not allow her to board the flight and she would be stuck in Europe. 

 

Quote

Also, why do you think his wife should have a 24 month extension letter?

 

Because USCIS promised.

 

https://www.uscis.gov/newsroom/alerts/uscis-extends-evidence-of-status-for-conditional-permanent-residents-to-24-months-with-pending-form

 

 

Quote

 

Release Date 

09/03/2021

Starting Sept. 4, 2021, USCIS is extending the time that receipt notices can be used to show evidence of status from 18 months to 24 months for petitioners who properly file Form I-751, Petition to Remove Conditions on Residence, or Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status. We are making the change from 18 to 24 months to accommodate current processing times for Form I-751 and Form I-829, which have increased over the past year.

Conditional permanent residents who properly file Form I-751 or Form I-829 will receive a receipt notice that can be presented with their Form I-551, Permanent Resident Card (also known as a Green Card), as evidence of continued status for up to 24 months past the expiration date on their Green Card, while their case remains pending with USCIS.

Additionally, we will issue new receipt notices to eligible conditional permanent residents who properly filed their Form I-751 or Form I-829 before Sept. 4 and whose cases are still pending. Those receipt notices will also serve as evidence of continued status for 24 months past the expiration date on their Green Card.

 

 

 

Quote

 

Were they issued to everybody who had 18 month extension?

 

Clearly not. But people have reported getting a 24 month letter after getting an 18 month letter:

 

 

 

Edited December 16, 2022 by Mike E