Can I travel after refiling I751 and receiving a new extension letter (first I751 was denied due to abandonment)

[glass8578 0]

I initially obtained a 2 year green card through marriage with a US citizen. We're still married to date. In early 2023 I filed my first I751 and received a 48-month green card extension letter, which extends my green card through 2027. I traveled many times with my expired card and the extension letter and it was fine. Last month I received an I751 denial letter because apparently earlier this year they sent me an RFE but I never received it and I didn't respond so they denied it based on abandonment. I didn't receive an NTA. I hired a lawyer and considered the options to either file motion to reopen or refile I751. We eventually decided to refile given what the USCIS website says "If USCIS receives a Form I-751 following the denial of a Form I-751 due to abandonment (resulting from, for example, a failure to appear for a biometrics or interview appointment or failure to respond to an RFE or NOID), USCIS adjudicates the new Form I-751 separately from the prior denial." After refiling, I received a new 48-month extension letter, same as what I received after the first filing. My question is - does the new extension letter override the termination from the first denial so my LPR status is in good standing again? can I now travel out of country and come back with the expired green card and new extension letter which extends it through 2027?

[OldUser 6,589]

Did you file I-751 with the lawyer? What do they say?

[mindthegap 2,589]

Yes.

[glass8578 0]

2 hours ago, OldUser said:

Did you file I-751 with the lawyer? What do they say?

I did refile with the lawyer. I did ask them the question but I think they're trying to be conservative and not take liability so they "suggest me not to in the near term" without giving me valid reasons. I know it's kind of a gray area but I'm just wondering if anyone had similar situation and has actually done it and it worked. I have family overseas so thinking of an emergency situation. 

[glass8578 0]

14 minutes ago, mindthegap said:

Yes.

Have you had similar situation and done it before? To me logically the new extension letter should put my LPR status back in good standing but I'm not 100% certain since the extension letter says "this extension and authorization for employment and travel does not apply to you if your conditional permanent resident status has been terminated". And the denial letter for the first I751 did say it's terminated. 

[OldUser 6,589]

1 minute ago, glass8578 said:

Have you had similar situation and done it before? To me logically the new extension letter should put my LPR status back in good standing but I'm not 100% certain since the extension letter says "this extension and authorization for employment and travel does not apply to you if your conditional permanent resident status has been terminated". And the denial letter for the first I751 did say it's terminated. 

@mindthegap is the expert in this field. He had multiple denied I-751 petitions and travelled on extension letters.

 

As long as you're not in removal proceedings, you should be able to travel.

Edited October 28 by OldUser

[mindthegap 2,589]

30 minutes ago, glass8578 said:

Have you had similar situation and done it before? 

 

Yes. FOUR times (although I have to get a stamp now because my physical card expired way more than 48 months ago, but same principal). I travel frequently out and back in. 

 

 

30 minutes ago, glass8578 said:

 To me logically the new extension letter should put my LPR status back in good standing but I'm not 100% certain since the extension letter says "this extension and authorization for employment and travel does not apply to you if your conditional permanent resident status has been terminated". 

 

Your status has not been terminated.

 

30 minutes ago, glass8578 said:

And the denial letter for the first I751 did say it's terminated. 

 

USCIS lie. A lot. And their scary denial letters are not legally accurate either.

You remain a LPR until an immigration judge issues a final order of removal, at which point you are no longer a LPR. 

 

You have a valid pending I-751, you have a valid extension letter, you have not had a final order of removal terminating your LPR status = you are 100000% ok to travel without any negative consequences. 

Edited October 28 by mindthegap

[glass8578 0]

5 minutes ago, mindthegap said:

USCIS lie. A lot. And their scary denial letters are not legally accurate either.

You remain a LPR until an immigration judge issues a final order of removal, at which point you are no longer a LPR. 

 

You have a valid pending I-751, you have a valid extension letter, you have not had a final order of removal terminating your LPR status = you are 100000% ok to travel without any negative consequences. 

Thank you so much! One more question, I didn't file I290b but instead refiled the I751 - in this situation is it still possible for me to receive a NTA at some point? 

[mindthegap 2,589]

Yes. Although if you refiled very quickly, you will most likely avoid any NTA being issued due to the options they have when denying and the 'hold' time they put on it. 

But it doesn't matter so much as it was denied on a (surprisingly common) technicality, and you have a newly filed I-751 anyway which will hopefully be approved at some point. 

[glass8578 0]

On 10/28/2024 at 5:11 PM, mindthegap said:

Yes. Although if you refiled very quickly, you will most likely avoid any NTA being issued due to the options they have when denying and the 'hold' time they put on it. 

But it doesn't matter so much as it was denied on a (surprisingly common) technicality, and you have a newly filed I-751 anyway which will hopefully be approved at some point. 

I see thank you. You mentioned you have to get a stamp now - have you done it already? If so did USCIS give it to you while you have a denied I751 and confirmed that travel is ok? Sorry if I'm asking too specifically since I want to see if USCIS itself has indicated that a newly filed I751 and new green card extension overrides the previous denial.

[OldUser 6,589]

14 minutes ago, glass8578 said:

I see thank you. You mentioned you have to get a stamp now - have you done it already? If so did USCIS give it to you while you have a denied I751 and confirmed that travel is ok? Sorry if I'm asking too specifically since I want to see if USCIS itself has indicated that a newly filed I751 and new green card extension overrides the previous denial.

You can get the stamp:

- If you have a pending I-751 AND

- Your extension letter no longer covers GC. E.g GC expiration date + 48 months < today'a date.

[glass8578 0]

37 minutes ago, OldUser said:

You can get the stamp:

- If you have a pending I-751 AND

- Your extension letter no longer covers GC. E.g GC expiration date + 48 months < today'a date.

Yes I understand that, but do you know if USCIS would give you a stamp even if you have a previously denied I751 while the current one is pending?

[Salva 4]

On 10/28/2024 at 9:42 AM, glass8578 said:

I initially obtained a 2 year green card through marriage with a US citizen. We're still married to date. In early 2023 I filed my first I751 and received a 48-month green card extension letter, which extends my green card through 2027. I traveled many times with my expired card and the extension letter and it was fine. Last month I received an I751 denial letter because apparently earlier this year they sent me an RFE but I never received it and I didn't respond so they denied it based on abandonment. I didn't receive an NTA. I hired a lawyer and considered the options to either file motion to reopen or refile I751. We eventually decided to refile given what the USCIS website says "If USCIS receives a Form I-751 following the denial of a Form I-751 due to abandonment (resulting from, for example, a failure to appear for a biometrics or interview appointment or failure to respond to an RFE or NOID), USCIS adjudicates the new Form I-751 separately from the prior denial." After refiling, I received a new 48-month extension letter, same as what I received after the first filing. My question is - does the new extension letter override the termination from the first denial so my LPR status is in good standing again? can I now travel out of country and come back with the expired green card and new extension letter which extends it through 2027?

If you end up travelling please do post your experience here. I am in the same boat. My i-751 was also denied recently and i have already applied for motion to repoen and motion to reconsider. Additionally i will also file new i-751 in a week or so but my concern is same as yours since I have family overseas willl I be able to get back? My i-751 was denied for not having mental health evaluation with abuse wavier.

[mindthegap 2,589]

17 hours ago, glass8578 said:

You mentioned you have to get a stamp now - have you done it already?

 

Yes - I am in double digits for stamps now (I think it is 15?). I get it renewed every year.

It is important to note I ONLY get the stamp because my card expired almost a decade ago, and the 48 month extensions extend the physical card beyond to a maximum of 48 months beyond its expiration date (NOT from the I-751 filing date) so are useless to me, so the stamp replaces my extension letter. 

 

If it expired less than 48 months before your extension you would not need a stamp and could travel on the expired card + extension letter combo.

 

17 hours ago, glass8578 said:

If so did USCIS give it to you while you have a denied I751 and confirmed that travel is ok? 

 

Yes, and yes. 

I have travelled many, many, times out of the US and back in since. Remember, I have multiple I-751 denials. 

 

17 hours ago, glass8578 said:

Sorry if I'm asking too specifically since I want to see if USCIS itself has indicated that a newly filed I751 and new green card extension overrides the previous denial.

 

Understandable. The law is clear.

Have a read of my post HERE and you will get some (very) detailed info and verbatim quotes from the actual law and genco 96-12 about this very thing.

 

 

 

Edited October 30 by mindthegap

[glass8578 0]

51 minutes ago, mindthegap said:

 

Yes - I am in double digits for stamps now (I think it is 15?). I get it renewed every year.

It is important to note I ONLY get the stamp because my card expired almost a decade ago, and the 48 month extensions extend the physical card beyond to a maximum of 48 months beyond its expiration date (NOT from the I-751 filing date) so are useless to me, so the stamp replaces my extension letter. 

 

If it expired less than 48 months before your extension you would not need a stamp and could travel on the expired card + extension letter combo.

 

 

Yes, and yes. 

I have travelled many, many, times out of the US and back in since. Remember, I have multiple I-751 denials. 

 

 

Understandable. The law is clear.

Have a read of my post HERE and you will get some (very) detailed info and verbatim quotes from the actual law and genco 96-12 about this very thing.

 

 

 

Got it - thank you very much. I read your prior post. Do you think it’ll be more insurance if I go and get a stamp like you did after the refile?