Jump to content

15 posts in this topic

Recommended Posts

Posted

Apologies if this has already been covered. My search didn't bring up my particular situation so I started a new topic. 

 

My situation is this:

 

I am an Australian citizen spouse of a US citizen. My application to have conditions removed my Green Card (I-751) was received by USCIS in Feb 2019. I still have not had my interview scheduled. After my GC expired, I received my I-797 notice of action letter. After that expired,I had an I-551 stamp in my passport done at the Minneapolis St Paul field office. I've had the stamp renewed each year. 

 

The field officer told me that this stamp would allow me to return to the USA as proof of my LPR status while I wait for my interview. 

 

I'm currently in New Zealand and planning to return home to the USA next week. I've been away from home for a total of just over 3 months. My passport stamp is current until 10/19/2023. I've just learned that this may not be sufficient to travel. The airline may deny boarding at the port of departure (New Zealand). I've contacted an immigration lawyer in MN, USA who told me to contact the Consulate in NZ, who told me to contact the airline to confirm whether or not I need further proof of my LPR status to allow me to board a flight to USA. The airline is not currently taking calls not related to a recent severe weather event. 

 

So my question is - does anybody have any experience or knowledge of a situation like mine, whether or not I need further evidence to be able to travel to the USA, apart from what I already have (I-551 stamp in passport) and what that further evidence might be?

 

Please note that I'm not requesting info about the port of entry in USA, only the port of departure in NZ.

 

Thank you in advance for any help.

Filed: Citizen (apr) Country: Taiwan
Timeline
Posted
48 minutes ago, HopefulAus said:

Apologies if this has already been covered. My search didn't bring up my particular situation so I started a new topic. 

 

My situation is this:

 

I am an Australian citizen spouse of a US citizen. My application to have conditions removed my Green Card (I-751) was received by USCIS in Feb 2019. I still have not had my interview scheduled. After my GC expired, I received my I-797 notice of action letter. After that expired,I had an I-551 stamp in my passport done at the Minneapolis St Paul field office. I've had the stamp renewed each year. 

 

The field officer told me that this stamp would allow me to return to the USA as proof of my LPR status while I wait for my interview. 

 

I'm currently in New Zealand and planning to return home to the USA next week. I've been away from home for a total of just over 3 months. My passport stamp is current until 10/19/2023. I've just learned that this may not be sufficient to travel. The airline may deny boarding at the port of departure (New Zealand). I've contacted an immigration lawyer in MN, USA who told me to contact the Consulate in NZ, who told me to contact the airline to confirm whether or not I need further proof of my LPR status to allow me to board a flight to USA. The airline is not currently taking calls not related to a recent severe weather event. 

 

So my question is - does anybody have any experience or knowledge of a situation like mine, whether or not I need further evidence to be able to travel to the USA, apart from what I already have (I-551 stamp in passport) and what that further evidence might be?

 

Please note that I'm not requesting info about the port of entry in USA, only the port of departure in NZ.

 

Thank you in advance for any help.

The stamp is sufficient.  I strongly advise you to file an N-400 as soon as possible.  Take a look at my signature timeline.  We also filed an I-751 in early 2019.  5 months after my wife filed her N-400 (in Aug 2022), she became a US citizen.

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Filed: Citizen (apr) Country: Myanmar
Timeline
Posted

Airlines are free to deny boarding and reports of airlines denying LPRs who present anything other than an unexpired gc are escalating. 
 

If are denied boarding your options are:

 

* fly to Canada (no eTA needed as Canada explicitly allows an I-551 stamp) or Mexico and enter into the U.S. by land. 
 

* enter the USA at Guam or CNMI.  You don’t require ESTA  (due to being an Australian citizen) (https://travel.state.gov/content/travel/en/us-visas/tourism-visit/visa-waiver-program.html).  You tell the airlines you are doing the visa waiver (present a completed    https://www.cbp.gov/document/forms/form-i-736-guam-cnmi-visa-waiver-information at the airport of departure).  When you land in either territory, at the port of entry you declare yourself an LPR and show the I-551 stamp instead of   I-736.  You will then be allowed to travel to the mainland on your I-551 stamp, especially since you likely  have a fresh ARC entry stamp from CBP.  

 

* get a boarding foil. The process starts with an I-131a ( https://www.uscis.gov/i-131a )

Posted

Thanks for all the replies. I will keep trying to contact the airline to see if they can help me to decide which step to take next. It's looking like the boarding foil may be the best option for me.

 

Seems so surreal that the country I've been living in, paying state and federal taxes (and social security) for more than 4 years with my employer there (who is expecting me back at work in March), paying a mortgage on a house in my and my husband's names, paying off car loans and receiving unemployment benefits during seasonal layoffs, has given me explicit permission to return to the country and yet the country I'm departing from is in a position the deny my entry.

Posted
36 minutes ago, HopefulAus said:

Thanks for all the replies. I will keep trying to contact the airline to see if they can help me to decide which step to take next. It's looking like the boarding foil may be the best option for me.

 

Seems so surreal that the country I've been living in, paying state and federal taxes (and social security) for more than 4 years with my employer there (who is expecting me back at work in March), paying a mortgage on a house in my and my husband's names, paying off car loans and receiving unemployment benefits during seasonal layoffs, has given me explicit permission to return to the country and yet the country I'm departing from is in a position the deny my entry.

It would be a problem with the commercial carrier, not the country.  Commercial carriers denying boarding to passengers with valid documents is still a very RARE occurrence.  When it happens, it is most often because the front line employees lack training (that is why it is good to be informed and to be able to refer them to the CBP carrier guide).  Some airlines do have weird internal policies, but it is they are oddities.  Which airline are you flying?  

 

 

Posted
56 minutes ago, Lemonslice said:

It would be a problem with the commercial carrier, not the country.  Commercial carriers denying boarding to passengers with valid documents is still a very RARE occurrence.  When it happens, it is most often because the front line employees lack training (that is why it is good to be informed and to be able to refer them to the CBP carrier guide).  Some airlines do have weird internal policies, but it is they are oddities.  Which airline are you flying?  

 

 

Thank you for this clarification. Air New Zealand, which is largely owned by the NZ government I'm told. Therefore I'm expecting a characteristically strict set of guidelines. 

Filed: EB-5 Visa Country: Brazil
Timeline
Posted (edited)
6 hours ago, HopefulAus said:

Thanks for all the replies. I will keep trying to contact the airline to see if they can help me to decide which step to take next. It's looking like the boarding foil may be the best option for me.

 

Seems so surreal that the country I've been living in, paying state and federal taxes (and social security) for more than 4 years with my employer there (who is expecting me back at work in March), paying a mortgage on a house in my and my husband's names, paying off car loans and receiving unemployment benefits during seasonal layoffs, has given me explicit permission to return to the country and yet the country I'm departing from is in a position the deny my entry.

I travelled a few times with the I-551 stamp. Never had an issue. Once from Brazil and the second time from China. The airline employee looked at the stamp and just asked me if it was a temporary green card. As Lemonslice mentioned above, the stamp is listed as a valid document on the CBP guide for carriers.

Edited by jostermacedo
Filed: Citizen (apr) Country: Australia
Timeline
Posted

The chances of being denied boarding with the valid I-551 stamp is extremely slim, imo. I've also not personally heard of Air New Zealand causing LPRs issues, regardless of their documentation (others here can correct me if I am wrong). There are a few airlines that we have seen be problematic at times with the extension letters + expired green card on VJ, but not the I-551 stamp.

 

I did a little googling and could only find a couple of instances of people discussing being denied boarding with the stamp. Both threads were over 7+ years old. 

K1 to AOS                                                                                   AOS/EAD/AP                                                                      N-400

03/01/2018 - I-129F Mailed                                              06/19/2019 - NOA1 Date                                              01/27/2023 - N-400 Filed Online

03/08/2018 - NOA1 Date                                                    07/11/2019 - Biometrics Appt                                   02/23/2023 - Biometrics Appt
09/14/2018 - NOA2 Date                                                    12/13/2019 - EAD/AP Approved                               04/03/2023 - Interview Scheduled

10/16/2018 - NVC Received                                              12/17/2019 - Interview Scheduled                          05/10/2023 - Interview - APPROVED!

10/21/2018 - Packet 3 Received                                      01/29/2020 - Interview - APPROVED!                  OFFICIALLY A U.S. CITIZEN! 

12/30/2018 - Packet 3 Sent                                               02/04/2020 - Green Card Received! 

01/06/2019 - Packet 4 Received                                     ROC - I-751

01/29/2019 - Interview - APPROVED!                           11/02/2021 - Mailed ROC Packet

02/05/2019 - Visa Received                                             11/04/2021 - NOA1 Date

05/17/2019 - U.S. Arrival                                                     01/19/2022 - Biometrics Waived

05/24/2019 - Married ❤️                                                    02/04/2023 - Transferred to New Office

06/14/2019 - Mailed AOS Packet                                    05/10/2023 - APPROVED!

Posted (edited)

Thank you both for your replies. I do like to prepare for the worst, but reading your positive experiences and thoughts does help me a lot.

 

I also appreciate Lemonslice's post with the document attached (just what I was looking for) and Crazy Cat's suggestion to file for naturalization. Plus I really love lemon slice! My fav.

 

This has been a really useful and helpful thread for me!

Edited by HopefulAus
Posted

Just wanted to give an update. Firstly, I'd like to say that in my opinion, it is a pretty tricky situation to ask airline staff to process an I-551 stamp as equivalent to a Green Card, considering that I couldn't be processed by any of the usual ways. I have no ESTA visa waiver, no Green Card and no visa, just a stamp in my passport. Still, I have the relevant evidence that I'm allowed to travel back home and never doubted my right to do so, only their willingness and ability to accept it (which to me is fair enough if they were to baulk).

 

However, I was processed without issue at not just one but two airports in New Zealand (in accepting a seat on an earlier connecting flight, I inadvertently created a situation where I had to check in at two airports before leaving). I was always polite, kept it very simple and let them ask questions rather than over explain anything. 

 

When I arrived in LA, I was allowed to use the line for US citizens and directed from there to the customs waiting room while they verified my stamp. That waiting room was full, but I was last in and first out. I felt a bit guilty about that!

 

My flight home from LA was cancelled because of a snow storm and honestly that has been the biggest issue of the whole journey. 

 

Thanks everyone for giving info, suggestions and support in this thread! I'll be applying for naturalization asap.

Filed: Citizen (apr) Country: Myanmar
Timeline
Posted (edited)

For reasons that have nothing to do with this thread, a couple days ago, I looked at the I-551 stamp I got from INS years ago, and for the first time ever noticed that the ISO wrote the wrong year of expiration on the stamp. She stamped me in July and meant to give me a 6 month stamp expiring in January.  Instead the expiration said January, but same year.  
 

So the stamp was already expired when she stamped me.  And yet I traveled with that stamp just fine.  

Edited by Mike E
  • 2 weeks later...
Posted
On 3/9/2023 at 7:35 PM, Lemonslice said:

Just curious to know if your return trip went smoothly?

Thank you! I posted my update in this thread, let me know if you can't see it. 

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

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...