Jump to content

22 posts in this topic

Recommended Posts

Posted

Due to a family medical issue, I am preparing to leave the US rather rapidly. As I was packing I made sure I had my greencard for reentry. It was then I found that it had expired in 2021. I leave tomorrow but I am hoping to be able to return to the US in about a month's time.

I quickly applied for an N400 citizenship but the wait is 9 months. What else should I be doing to make sure I can get back into the country? I also saw that my driver's licence was expiring while I was out of the country. I spoke to the DMV and they are also not able to renew my drivers licence until my greencard issue is resolved. Even though applying for the N400 extends the green card for 2 years, it doesn't help as my greencard is more than 2 years expired, is there anything else I need to file?

 

Filed: Citizen (apr) Country: Kenya
Timeline
Posted

What's that validity og your green card? 10 or 2 years?

Immigration journey is not: fast, for the faint at heart, easy, cheap, for the impatient nor right away. If more than 50% of this applies to you, best get off the bus.

Posted (edited)

I'm sorry about your family situation @LuckyJones

 

You may need to change your travel plans for the return flight.

 

You will likely be denied boarding the plane on your way back to the US.

 

You may need to fly to Mexico or Canada and cross by land.

 

There's nothing you can do now other than postponing your trip, filing I-90 and waiting for extension. Or visiting field office to get ADIT stamp before you depart.

 

All of this assuming you had a 10 year GC and didn't need to file I-751. If you have expired 2 year GC, you're in much bigger trouble.

Edited by OldUser
Posted

Please fill out your VJ timeline as reciprocated to membership on VJ. Your explanation is not detailed. 

We have no info of your current status as your timeline is blank and guessing what yours is would be a disservice to others perusing your thread for info in future and those of us that help now's, time.

Posted
1 hour ago, OldUser said:

You will likely be denied boarding the plane on your way back to the US.

Agreed, but don't we see cases of people getting in after a while outside of the US and an expired GC?

event.png

 

N-400 3 year marriage based (IOE)

Jan 22, 2024 - Submitted online 

Jan 22, 2024 - Biometrics waived

Mar 6, 2024 - Interview scheduled for Apr 11 COMBO I-751/N-400

Apr 11, 2024 - Combo interview - approved N-400

May 1, 2024 - Approved ROC, received 10 GC on May 20.

May 7, 2024 - Oath scheduled for June 14 (requested later ceremony at interview)

June 14, 2024 - Special Flag Day Oath ceremony - I'm a citizen!!!

 

Posted (edited)
3 minutes ago, jackiegringa said:

Agreed, but don't we see cases of people getting in after a while outside of the US and an expired GC?

Do we see? I see a lot of cases of people getting back after long absense, but while their 10 year GC is still valid. Airline won't be happy to board a passenger with expired GC and no extension letter.

Edited by OldUser
Posted
1 minute ago, OldUser said:

Do we see? I see a lot of cases of people getting back after long absense, but while their 10 year GC is still valid. Airline won't be happy to board such passenger.

Ah, you're right. They only have big absences...

 

OP - maybe there was a chance to leave and have someone send you the extension letter but now that both would be expired anyway I don't see you being accepted to board a plane to the US.

 

Since you are planning on staying at another country for a month or so I would try to get a boarding foil and going through the process at the local embassy/consulate. That would maybe give you a way to fly back to the US.

event.png

 

N-400 3 year marriage based (IOE)

Jan 22, 2024 - Submitted online 

Jan 22, 2024 - Biometrics waived

Mar 6, 2024 - Interview scheduled for Apr 11 COMBO I-751/N-400

Apr 11, 2024 - Combo interview - approved N-400

May 1, 2024 - Approved ROC, received 10 GC on May 20.

May 7, 2024 - Oath scheduled for June 14 (requested later ceremony at interview)

June 14, 2024 - Special Flag Day Oath ceremony - I'm a citizen!!!

 

Posted
2 hours ago, LuckyJones said:

Due to a family medical issue, I am preparing to leave the US rather rapidly. As I was packing I made sure I had my greencard for reentry. It was then I found that it had expired in 2021. I leave tomorrow but I am hoping to be able to return to the US in about a month's time.

I quickly applied for an N400 citizenship but the wait is 9 months. What else should I be doing to make sure I can get back into the country? I also saw that my driver's licence was expiring while I was out of the country. I spoke to the DMV and they are also not able to renew my drivers licence until my greencard issue is resolved. Even though applying for the N400 extends the green card for 2 years, it doesn't help as my greencard is more than 2 years expired, is there anything else I need to file?

 

From the boarding foil page (form I-131A):

 

"If you are an LPR with an expired Green Card

If you have an expired Green Card, you may not need to file Form I-131A. Although regulations generally require an LPR to travel with a valid Green Card, U.S. Customs and Border Protection (CBP) policy allows a transportation carrier bound for the United States to let you board without carrier documentation if you are:

-An LPR with an expired Green Card that was issued with a 10-year expiration date, and you have been outside the United States for less than 1 year;"

 

So it seems like regular procedure are in place when you have an expired 10 year green card AND wasn't outside of the US for longer than a year. Learned something new everyday!

event.png

 

N-400 3 year marriage based (IOE)

Jan 22, 2024 - Submitted online 

Jan 22, 2024 - Biometrics waived

Mar 6, 2024 - Interview scheduled for Apr 11 COMBO I-751/N-400

Apr 11, 2024 - Combo interview - approved N-400

May 1, 2024 - Approved ROC, received 10 GC on May 20.

May 7, 2024 - Oath scheduled for June 14 (requested later ceremony at interview)

June 14, 2024 - Special Flag Day Oath ceremony - I'm a citizen!!!

 

Posted
7 minutes ago, jackiegringa said:

So it seems like regular procedure are in place when you have an expired 10 year green card AND wasn't outside of the US for longer than a year. Learned something new everyday!

I think OP may have hard time convincing airline, but they can try. Not sure if the wording also implies the GC should have expired less than a year, which isn't the case with OP. Otherwise, why would you ever renew a GC? You'd travel outside for few weeks with expired GC (cause every time you're out of the US for less than a year!)

Posted

@LuckyJones Please read this page explaining how to get a boarding foil, it seems like it would either let you come back with your expired GC or inform you how to get a boarding foil to return without issues by air. It mentions you should check with your airline to see if they accept your expired or not GC, all info from Special Instructions section.

 

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

event.png

 

N-400 3 year marriage based (IOE)

Jan 22, 2024 - Submitted online 

Jan 22, 2024 - Biometrics waived

Mar 6, 2024 - Interview scheduled for Apr 11 COMBO I-751/N-400

Apr 11, 2024 - Combo interview - approved N-400

May 1, 2024 - Approved ROC, received 10 GC on May 20.

May 7, 2024 - Oath scheduled for June 14 (requested later ceremony at interview)

June 14, 2024 - Special Flag Day Oath ceremony - I'm a citizen!!!

 

Posted (edited)
9 minutes ago, LuckyJones said:

Thanks for the information.

Even if I get on the plane, wouldn't I have issues at immigration once I arrive back in the US with the foil?

If you have a boarding foil you will be boarded even if the airline complains a bit. It's in the CBP carrier guide. 

 

Once in the US you will be admitted because you are a permanent resident. Big chance of going to secondary inspection but you cannot be denied entry once in US soil, so don't worry about it too much.

Edited by jackiegringa

event.png

 

N-400 3 year marriage based (IOE)

Jan 22, 2024 - Submitted online 

Jan 22, 2024 - Biometrics waived

Mar 6, 2024 - Interview scheduled for Apr 11 COMBO I-751/N-400

Apr 11, 2024 - Combo interview - approved N-400

May 1, 2024 - Approved ROC, received 10 GC on May 20.

May 7, 2024 - Oath scheduled for June 14 (requested later ceremony at interview)

June 14, 2024 - Special Flag Day Oath ceremony - I'm a citizen!!!

 

 
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...