Please help! Maybe not able to return to US with wife and child

[Sukie 1,464]

Just a note:  Informed Delivery cannot show anything that doesn't go through the automated sorting machine.  So smaller first class mail in #10 envelopes, or 4 x 6 sized postcards or placards can be scanned, but nothing that cannot fly through that sorting machine.   Sometimes you get the "A piece of mail that we do not have a picture of" notice, but sometimes, you just don't get any notice.

 

Sukie in NY

[GEOntificator 281]

14 hours ago, Mike E said:

Ok, my idea, a long shot, was to create an online account and add the case number to see if extension letter was online. Then if online, use a print out of that to board the flight on the high percentage bet that the airlines do not know about the Lady Liberty watermark.  

Aren’t you concerned that something might have happened with the case while you have been gone? RFE, interview, denial, or approval. If RFE or interview, then the case has long since been denied. 
 

So I do not recommend the Vancouver thing because if the case was denied, she might be taken into ICE custody at the border.

 

You need to get the case number, or file a new I-751 to get a new case number.

 

Personally, if it were me I would fly to U.S. alone to dig up that case number. If denied, then file a new I-751, bring the new extension letter to Japan,  fly to JFK or SFO, and hope CBP over looks the previous denial.

This. Fly back, make sure the application is still pending. Get your 797 and bring it to her. You may be overthinking this.

[katana-dolphin 28]

17 hours ago, mv3317 said:

Hello,

 

My wife and I have a very stressful situation at the moment and we are worried she won't be able to re-enter the US.

 

Me (US citizen) and my wife (Japanese, LPR) are currently in Japan with our 1 year old daughter. My wife is a Japanese citizen with a 2-year GC. Her GC expired March 2023, but we received the 24 month extension notice. Then we decided to come to Japan for 5 months to see her father (we came because he is sick with cancer and we wanted him to meet his granddaughter, we don't know when he will pass away). We arrived in Japan in May 2023, and we are supposed to return in 2 weeks.

 

Now before going back we realized that I forgot to bring the 797 form, so she can't go back to the US. We went to apply for a Boarding foil in the consulate yesterday, but at the consulate they were very negative on her chances to get it. The reason is that in September 2021 we had a domestic dispute that she was taken to jail for 1 day for. She was released after 1 day and no charges were pressed and there was no court date, the prosecutor decided not to press any charges. Unfortunately where we live (WA) when there is suspicion of domestic dispute/violence, one party must be taken to jail, and the officers determined it was my wife who should be taken. This whole situation had really stressed us out and scared us, but the attorney told us not to worry about the 10-year GC interview because there were no charges filed at all, and we've never had any other issues in the past (or since).

 

Now fast-forward 2 years later and this situation has reared itself again because of me forgetting to bring the 797! We're so scared on what to do now...

 

One option we have is that we can fly to Vancouver, CA, where my wife and daughter will stay in a hotel. Then I can rent a car and drive over to our storage in Washington, find the 797, and bring it back to her and then try to cross by land. The big question we have though is, what if the Boarding Foil is denied? Will they see at the CA border that she has a denied boarding foil and stop her from entering? Also will that affect her chance to get a 10-year Green Card next year? Can we cancel the boarding foil process before its finished?

 

Another question we have is, what if I go back to WA to our storage and I can't find the 797? Maybe it was lost or thrown out on accident (we only think its in the storage, but not sure). In this case would it be possible to apply for another boarding foil in CA if we did cancel the process here in Japan?

 

Sorry for so many long and difficult questions. I know I need to consult with a lawyer, but the earliest consulting time I could find is 3 days from now and we are worried sick right now : (

 

We are so scared of her losing GC status, or her needing to stay in Japan and restart the whole process again. We have a 1 year old daughter and to be away from them both for a year or more would tear us apart.

 

Please help with any advice, I'm so scared of what will happen now because of these mistakes

Sorry for your situation. It wasn't a smart move to leave the country for 5 months on a 2 year green card. Plus forgetting to bring the extension letter? Go back to the U.S and figure out where the letter is. 

[katana-dolphin 28]

17 hours ago, mv3317 said:

Hello,

 

My wife and I have a very stressful situation at the moment and we are worried she won't be able to re-enter the US.

 

Me (US citizen) and my wife (Japanese, LPR) are currently in Japan with our 1 year old daughter. My wife is a Japanese citizen with a 2-year GC. Her GC expired March 2023, but we received the 24 month extension notice. Then we decided to come to Japan for 5 months to see her father (we came because he is sick with cancer and we wanted him to meet his granddaughter, we don't know when he will pass away). We arrived in Japan in May 2023, and we are supposed to return in 2 weeks.

 

Now before going back we realized that I forgot to bring the 797 form, so she can't go back to the US. We went to apply for a Boarding foil in the consulate yesterday, but at the consulate they were very negative on her chances to get it. The reason is that in September 2021 we had a domestic dispute that she was taken to jail for 1 day for. She was released after 1 day and no charges were pressed and there was no court date, the prosecutor decided not to press any charges. Unfortunately where we live (WA) when there is suspicion of domestic dispute/violence, one party must be taken to jail, and the officers determined it was my wife who should be taken. This whole situation had really stressed us out and scared us, but the attorney told us not to worry about the 10-year GC interview because there were no charges filed at all, and we've never had any other issues in the past (or since).

 

Now fast-forward 2 years later and this situation has reared itself again because of me forgetting to bring the 797! We're so scared on what to do now...

 

One option we have is that we can fly to Vancouver, CA, where my wife and daughter will stay in a hotel. Then I can rent a car and drive over to our storage in Washington, find the 797, and bring it back to her and then try to cross by land. The big question we have though is, what if the Boarding Foil is denied? Will they see at the CA border that she has a denied boarding foil and stop her from entering? Also will that affect her chance to get a 10-year Green Card next year? Can we cancel the boarding foil process before its finished?

 

Another question we have is, what if I go back to WA to our storage and I can't find the 797? Maybe it was lost or thrown out on accident (we only think its in the storage, but not sure). In this case would it be possible to apply for another boarding foil in CA if we did cancel the process here in Japan?

 

Sorry for so many long and difficult questions. I know I need to consult with a lawyer, but the earliest consulting time I could find is 3 days from now and we are worried sick right now : (

 

We are so scared of her losing GC status, or her needing to stay in Japan and restart the whole process again. We have a 1 year old daughter and to be away from them both for a year or more would tear us apart.

 

Please help with any advice, I'm so scared of what will happen now because of these mistakes

 

The issue with this is that the federal government has a completely different way of seeing charges or crimes compared to the state. It might be a discharge charge on the state level but the it might be taken very seriously by USCIS. I've heard about people deemed inadmissible for pitty retail theft that where the individual wasn't even charged for. I guess your wife got finger printed?

[top_secret 2,462]

Just a thought, but you could try "Ask Emma" live chat and ask if they would look up the receipt number and/or get them to e-mail you the I-797 based on all their info and A numbers.  I got them to do that last week for a missing biometrics notice.  It's not exactly identical since I did have the receipt number but basically "Ask Emma" live chat verified my identity by quizzing me on a bunch of minor details about the case and then promptly e-mailed the pdf notice I asked for.  They may say no but there is no harm in asking.

[CMJuilland 485]

35 minutes ago, top_secret said:

Just a thought, but you could try "Ask Emma" live chat and ask if they would look up the receipt number and/or get them to e-mail you the I-797 based on all their info and A numbers.  I got them to do that last week for a missing biometrics notice.  It's not exactly identical since I did have the receipt number but basically "Ask Emma" live chat verified my identity by quizzing me on a bunch of minor details about the case and then promptly e-mailed the pdf notice I asked for.  They may say no but there is no harm in asking.

I was going to suggest something similar. It’s a super long shot and will most likely not work, but “Ask Emma” and calling is quicker (and cheaper) than flying home and then over to Japan again. It doesn’t really cost you anything either, so I would try that. 

Should this not be an option, I don’t see any other way than for you to dig up that notice. Once you do, the first thing you should do is take a picture of it or make some other sort of record of the receipt number. The next step is making a USCIS account where you register the case (so that you have access to it online). After that, make a paper copy and bring both copies to Japan. 

Should your letter be lost, you can either try and see if you can get another one (I personally wouldn’t trust USCIS will definitely do that, but you can try). If nothing else, as already suggested by @Mike E, you would need to file a new I-751.

I don’t know anything about the DoS side and the boarding foil, so I can’t add anything to that. Hopefully things will work out for you guys. For the future - and I can’t state this enough - please make (digital) copies of everything USCIS sends your way (and preferably that you send there). 

[mv3317 2]

Hi everyone, I just wanted to say thanks all for the replies . An update is that we got the boarding foil from the consulate in Japan a couple weeks ago. By then it was so close to our flight that we had to push the flight back. We are leaving tomorrow to go back to the US to SEA airport. I hope since this stressful part went well that there will be no troubles entering too 🙏

I will post an update after we arrive and hopefully can enter without issues. Thanks everyone for the earlier replies and sorry for not updating earlier it’s been quite a stressful situation! If you have any more advice for entering please let me know! Just reading the replies helps to not feel so anxious. Thank you!