Filed I90 application for renewal of green card that expired in 2017, case is currently in "Awaiting your case decision" status - I797 not valid, ADIT stamp?

[Texter 1]

Hi all,

I am awaiting a decision on a PR card renewal for a 10 year card that expired in 2017 (my second 10 year card).

I have been working in Asia during that the time between when my card expired and now. I was in the USA at the end of last year and filed an I90 application to replace permanent resident card and I left again after filing. I still have my original green card that expired in 2007 but not the last one that expired in 2017, only a photcopy.

I received an I797 immediately after filing and a notice that I did not have to attend fingerprint/photograph as my previos information was available (Biometric reuse), unfortunately the I797 is of no use as the green card expired longer than 2 years ago.

I now have just returned and was admitted on an ESTA visa, I explained my situation to the officer in secondary and his supervisor advised to parole me in on the ESTA for 90 days. The officer suggested that if my green card was approved during the period that I am here then I should take a trip across the border and reenter with the new issue green card.

Yesterday I applied for an ADIT stamp and was wondering if it is granted would I have to leave and re-enter so that my ESTA entry status is resolved to an ADIT stamp PR entry, sorry its a bit complicated and I hope this makes sense,

 

[OldUser 6,708]

This case sounds complicated. What ties to the US did you maintain while working overseas?

How long did you stay overseas without entering the US? Were you given NTA by CBP? It looks like you were considered to have abandoned your LPR and admitted as visitor on ESTA.

 

Based on what I'm reading your chances of getting GC renewed are somewhat small.

Edited August 30 by OldUser

[Texter 1]

I was out for 4 years (2 years + 2 covid years) I have a USA bank account + credit card continuous since 1994, a stable USA address but not property owner. Taxes always filed and up to date. I have never received an NTA from CBP on entry and agree that I am probably considered to have abandoned LPR, still I figured I would give it a try on the off-chance. 

Thanks for your input