Traveling with stamp I 551 and I 797 letter

[usaco10 7]

Hello everybody I need your help.

I had a situation yesterday with CBP and with these documents. The situation is that I haven't had the GC because USCIS made a typographical error in the length of time allowed with LPR, which was 10 years but really should have been 2 years (it should be noted that USCIS successfully approved my application for residency, the error was typographical in the GC), thus, USCIS asked me to return that GC of the typographical error the next day.

 

So, I have been using the I 551 stamp from 2021 to 2023. The last stamp already expired in May 2023. From the day the error occurred (2021), I requested a replacement of the card, which USCIS gave me an answer this year (May 2023) that they were not going to replace my 2-year temporary residence card because my case was in the process of removing conditions, which I applied last year.

 

Perfect. I also received the letter I 797 in January of this year, which indicates in its first line "We have extended the validity period on your Form 1-551, Permanent Resident Card, (also known as a Green Card) for 36 months from the date of expiration. During this extension, you are authorized to work and travel. This notice, presented with your expired Permanent Resident Card, is evidence of your status and employment authorization...".

 

This year I have traveled internationally on two occasions with the expired I 551 stamp and the I 797 letter, I have not had any more problems than the airlines corroborating with other colleagues if these documents are correct and when entering to USA 99.9% customs send me to a second inspection.

 

The inconvenience arose yesterday in the second inspection, where the CBP officer questioned me about the expired stamp saying that it was not related to the letter I 797. He asked me if I had a letter that corroborated something about the expired stamp (?), he said he would make an observation in the system for the same situation that I mentioned previously and that basically I must have a new I 551 stamp in my passport.

 

With this long context of my situation, for travel and work purposes, is a new I 551 stamp required? In the event that this situation escalates in the future in the sense of entering to USA, what would happen when being with the CBP? What would happen if my entry into the country is not valid? What I can do?

 

Thank you so much!

 

English is not my first language.

[Mike E 11,739]

15 minutes ago, usaco10 said:

With this long context of my situation, for travel and work purposes, is a new I 551 stamp required?

Yes.

 

It is surprising any airline boarded you

 

15 minutes ago, usaco10 said:

In the event that this situation escalates in the future in the sense of entering to USA, what would happen when being with the CBP?

I-193 fee

15 minutes ago, usaco10 said:

What would happen if my entry into the country is not valid?

As long as you are an LPR, you have to be admitted.

15 minutes ago, usaco10 said:

What I can do?

 

 

File for a write of mandamus to get I-751 approved.

 

 

Edited September 5, 2023 by Mike E

[OldUser 6,455]

18 minutes ago, usaco10 said:

The inconvenience arose yesterday in the second inspection, where the CBP officer questioned me about the expired stamp saying that it was not related to the letter I 797.

He was right. I-797 does not extend I-551 stamps, only physical GC. You're lucky you boarded planes before. You need to get fresh stamp when it expires.

[Dashinka 24,364]

I agree, you should request a new I551 stamp which I understand is easier to get now days.  It would actually be better since you won't need to use the letter if you have a valid I551 stamp.

 

Good Luck!

[Scandi 4,141]

Why would you attempt to travel with an expired stamp? That's your only proof of residency - since you don't have a physical greencard the extension letter means nothing. To use the stamp, it needs to be valid, not expired. Always get a new stamp every time the other expires, I believe you can get a new stamp within 30 days before the current stamp's expiry date. 

Edited September 5, 2023 by Scandi

[usaco10 7]

10 hours ago, Dashinka said:

I agree, you should request a new I551 stamp which I understand is easier to get now days.  It would actually be better since you won't need to use the letter if you have a valid I551 stamp.

 

Good Luck!

Thank you. 

[usaco10 7]

16 hours ago, Mike E said:

Yes.

 

It is surprising any airline boarded you

 

I-193 fee

As long as you are an LPR, you have to be admitted.

 

 

File for a write of mandamus to get I-751 approved.

 

 

Thanks, USCIS will be mailing my ADIT stamp.

[usaco10 7]

25 minutes ago, Scandi said:

Why would you attempt to travel with an expired stamp? That's your only proof of residency - since you don't have a physical greencard the extension letter means nothing. To use the stamp, it needs to be valid, not expired. Always get a new stamp every time the other expires, I believe you can get a new stamp within 30 days before the current stamp's expiry date. 

Well, that's why I'm asking for help, for me wasn't clear until this situation. Thanks! 

[usaco10 7]

16 hours ago, usaco10 said:

Hello everybody I need your help.

I had a situation yesterday with CBP and with these documents. The situation is that I haven't had the GC because USCIS made a typographical error in the length of time allowed with LPR, which was 10 years but really should have been 2 years (it should be noted that USCIS successfully approved my application for residency, the error was typographical in the GC), thus, USCIS asked me to return that GC of the typographical error the next day.

 

So, I have been using the I 551 stamp from 2021 to 2023. The last stamp already expired in May 2023. From the day the error occurred (2021), I requested a replacement of the card, which USCIS gave me an answer this year (May 2023) that they were not going to replace my 2-year temporary residence card because my case was in the process of removing conditions, which I applied last year.

 

Perfect. I also received the letter I 797 in January of this year, which indicates in its first line "We have extended the validity period on your Form 1-551, Permanent Resident Card, (also known as a Green Card) for 36 months from the date of expiration. During this extension, you are authorized to work and travel. This notice, presented with your expired Permanent Resident Card, is evidence of your status and employment authorization...".

 

This year I have traveled internationally on two occasions with the expired I 551 stamp and the I 797 letter, I have not had any more problems than the airlines corroborating with other colleagues if these documents are correct and when entering to USA 99.9% customs send me to a second inspection.

 

The inconvenience arose yesterday in the second inspection, where the CBP officer questioned me about the expired stamp saying that it was not related to the letter I 797. He asked me if I had a letter that corroborated something about the expired stamp (?), he said he would make an observation in the system for the same situation that I mentioned previously and that basically I must have a new I 551 stamp in my passport.

 

With this long context of my situation, for travel and work purposes, is a new I 551 stamp required? In the event that this situation escalates in the future in the sense of entering to USA, what would happen when being with the CBP? What would happen if my entry into the country is not valid? What I can do?

 

Thank you so much!

 

English is not my first language.

Update. Contacted Emma, few minutes later USCIS call me telling me will be delivering the ADIT. Thanks guys for the help! Was very confusing this process until now. 15 days maximum to receive the ADIT. No appointment office needed.