Travel After i751 Approval and BEFORE Receipt of 10 year Green Card

[From_CAN_2_US 1,106]

My I751 got approved much much earlier than expected yesterday. I had planned to travel by land to Canada this weekend, leaving tomorrow and returning on Tuesday.

 

My approval letter says, "You should not travel outside the United States until you receive your new Green Card, as you may have difficulty reentering the United States. If an emergency arises and you have a need to travel outside the United States before you receive your Green Card, you may make an appointment at your local USCIS office to request an I-551 stamp in your passport that shows temporary evidence of status as a lawful permanent resident."

 

If I return to the border with my extension letter and expired green card, will CBP allow me to enter. I have no idea if I will be able to get the stamp today.

 

We have hotels booked and my mother in law is travelling to us today from NYC, and then we drive together tomorrow to Canada. So I really don't want to cancel the trip...

 

Would really like to hear from people in similar situation who successfully managed to return without the stamp...

[Dashinka 24,478]

The expired GC and extension letter should be fine for traveling particularly at a land crossing (see page 14 of the CBP Carrier Guide).

 

Good Luck and enjoy the eclipse.

 

https://www.cbp.gov/sites/default/files/assets/documents/2023-Nov/Carrier Information Guide ENGLISH.pdf

[From_CAN_2_US 1,106]

1 hour ago, Dashinka said:

The expired GC and extension letter should be fine for traveling particularly at a land crossing (see page 14 of the CBP Carrier Guide).

 

Good Luck and enjoy the eclipse.

 

https://www.cbp.gov/sites/default/files/assets/documents/2023-Nov/Carrier Information Guide ENGLISH.pdf

Thanks @Dashinka

 

I am worried that once the I751 is approved the extension is no longer valid, as the extension is for the conditional status and not the permanent status. I don't have proof of the permanent status...

 

I am concerned because of these posts I am seeing on reddit and visajourney.... 

 

 

 

[Redro 4,611]

@Rocio0010 was flying to Argentina and discovered her GC was approved when she landed IIRC. 
I don’t think she had any issues returning to the US. 

[From_CAN_2_US 1,106]

2 minutes ago, Redro said:

@Rocio0010 was flying to Argentina and discovered her GC was approved when she landed IIRC. 
I don’t think she had any issues returning to the US. 

Thank you. I have read a number of opinions by lawyers online that say when i751 is approved while abroad, the extension letter with expired green card is enough to travel.

 

I wonder if anything is different when you leave after it is approved… the wording on the approval is just so scary…

[Crazy Cat 41,804]

1 hour ago, From_CAN_2_US said:

I wonder if anything is different when you leave after it is approved… the wording on the approval is just so scary…

You are a legal resident.  Until you receive the 10 year card, your expired Green Card and extension letter are still evidence of that status.  Enjoy the trip. 

[Dashinka 24,478]

1 hour ago, From_CAN_2_US said:

Thanks @Dashinka

 

I am worried that once the I751 is approved the extension is no longer valid, as the extension is for the conditional status and not the permanent status. I don't have proof of the permanent status...

 

I am concerned because of these posts I am seeing on reddit and visajourney.... 

 

 

 

This is why CBP lists many various means of LPRs to prove their LPR status.  The card itself is merely proof of your status whether it be a 10yr, 2yr, expired with an extension letter, or ADIT stamp.  If your extension letter is still valid, it is just as valid proof of your LPR status as a valid unexpired GC.  Also, you are arriving at a land crossing, much less busy than an airport, and you don't have to deal with educating airline employees of what constitutes valid proof of LPR status.

 

Good Luck!

[From_CAN_2_US 1,106]

14 minutes ago, Crazy Cat said:

You are a legal resident.  Until you receive the 10 year card, your expired Green Card and extension letter are still evidence of that status.  Enjoy the trip. 

Thank you @Crazy Cat I think you may be right; I am worrying for no reason.

2 minutes ago, Dashinka said:

This is why CBP lists many various means of LPRs to prove their LPR status.  The card itself is merely proof of your status whether it be a 10yr, 2yr, expired with an extension letter, or ADIT stamp.  If your extension letter is still valid, it is just as valid proof of your LPR status as a valid unexpired GC.  Also, you are arriving at a land crossing, much less busy than an airport, and you don't have to deal with educating airline employees of what constitutes valid proof of LPR status.

 

Good Luck!

Thanks. That makes sense.

[From_CAN_2_US 1,106]

2 hours ago, Dashinka said:

This is why CBP lists many various means of LPRs to prove their LPR status.  The card itself is merely proof of your status whether it be a 10yr, 2yr, expired with an extension letter, or ADIT stamp.  If your extension letter is still valid, it is just as valid proof of your LPR status as a valid unexpired GC.  Also, you are arriving at a land crossing, much less busy than an airport, and you don't have to deal with educating airline employees of what constitutes valid proof of LPR status.

 

Good Luck!

I called USCIS and they asked me to reach out to CBP. They said sometimes CBP officers do not recognise the extension letter when the permanent has been ordered to be produced and would need to see the I-551 stamp on the passport.

 

So I called CBP and got the number (with extension) to the precise port of entry I will be crossing when returning to the US. Talked to the CBP officer there and they asked to bring the expired green card, extension letter and approval notice, along with my Canadian passport. Hopefully the guy I spoke to will be around on the day I cross 😅

 

I think my conclusion is - entry is to the CBP officers discretion and they can possibly fine you, but I think majority don’t.

 

I have decided to give it a shot. Will report back! 

[Crazy Cat 41,804]

22 minutes ago, From_CAN_2_US said:

entry is to the CBP officers discretion and they can possibly fine you, but I think majority don’t.

No, CBP will NOT deny entry if you have legal status....as evidenced by an expired 2 year GC and valid extension letter.   You are overthinking this whole thing.  You are as much a legal resident as you were before the I-751 was approved.

Edited April 5 by Crazy Cat

[Crazy Cat 41,804]

28 minutes ago, From_CAN_2_US said:

They said sometimes CBP officers do not recognise the extension letter when the permanent has been ordered to be produced and would need to see the I-551 stamp on the passport.

Makes no sense at all.  They would have no grounds to deny entry.

Edited April 5 by Crazy Cat

[From_CAN_2_US 1,106]

7 minutes ago, Crazy Cat said:

No, CBP will NOT deny entry if you have legal status....as evidenced by an expired 2 year GC and valid extension letter.   You are overthinking this whole thing.  You are as much a legal resident as you were before the I-751 was approved.

Yeah they won’t deny entry, but it could be a long wait in secondary and/ or a i193 fine for not showing the correct documentation. Willing to bet, this rarely done though….

5 minutes ago, Crazy Cat said:

Makes no sense at all. 

I agree, it doesn’t make sense…

[Dashinka 24,478]

5 minutes ago, Crazy Cat said:

Makes no sense at all.  They would have no grounds to deny entry.

I agree, there is nothing magic about the physical 10yr GC.  There could be a trip to secondary, but that should not take too long at a land crossing.

[Dashinka 24,478]

1 minute ago, From_CAN_2_US said:

Yeah they won’t deny entry, but it could be a long wait in secondary and/ or a i193 fine for not showing the correct documentation. Willing to bet, this rarely done though….

I agree, it doesn’t make sense…

If CBP tries to fine you show them their own CBP Carrier Guide.  The proof of LPR status is just that, and one valid type of proof does not supersede another.  

[Lemonslice 4,831]

99.9% sure that the land entry agent won't even know/notice that the card has been ordered.  The documents you have are valid, travel safe! 

 

[In Canada right now, got a nice 30 cm of fresh snow yesterday!]