URGENT! Urgency trip to Brasil while waiting on approval of I751

[bahamamama234 25]

Hello everybody...I  might have posted this before but I need better 100% SURE replies, please!!!! 

 

My father is in the Hospital in Santa Catarina Brasil.

Me and my american born husband live in Los Angeles

 

 

We applied to ROC removal of conditions on November 2016 (I have a 2 year conditional green card based on marriage and I got it after I got in the country with a B2 tourist Visa and I was surprisingly proposed to)

 

EXPIRED 2 YEAR GC

 

I have the original ONE YEAR EXTENSION LETTER

 

Receipt of Biometrics done

 

Renewed California ID

 

Unexpired Brazilian passport

 

Marriage certificate

 

 

 

We have to make an urgent trip of 15 days to a month and the come back! My father has liver cancer and is in the hospital :.((

 

 

I heard some people get stuck in brasil and brazilian airports wont let them come back with ONE YEAR EXTENSION LETTER AND EXPIRED GREEN CARD

and that they need a BOARDING FOIL to go back to USA???????!!!!!!!!

 

I also heard some people traveling abroad are being threated with singing a form that makes you give up on your green card something called N400 is is true?

 

 

Is that true? Can someone please help us?

If so how I get boarding foil?????????

 

 

I need to see my father and be able to get back without immigrantion problems!

 

 

Please help thank you

[kzielu 1,147]

You'll be fine. Thousands of people did it. I 

[Reanjo 0]

Get a lawyer! I've just came back, from Brazil (also), due to my mother's death. I have a valid GC. In July, following advices of this site, I've asked for a Re-Entry permit, my mother was still alive. In September I've went for the biometrics, fingerprints & pictures. Mother's health got worse, I've traveled in November. My Permit only arrived by the beginning of February. I was able to get back in, on February 10, due to the Court of Appeals putting a veto on the ban. But I was scared.

I was in Brazil, already planning my comeback. With the new President and his Ban, any border patrol can prohibit anybody to get in. There is no Civil Rights at the border. Border Patrol can do anything, exactly: can do anything to anybody that wasn't born in the US. They are making GC holders sign papers giving up their permanent residency in the US. Texas is one of the worse places to get back in, it is a republican state that support the new president and his ban. The "Muslim" ban put any non US citizen, coming to the US, on the same 'limbo'.

I feel sorry for you and your spouse! Get professional counsel for that, because the risk is enormous, specially on your particular situation.

[GreatDane 366]

You are ok to go on the trip. Your expired green card is valid for a year after the expiration date. Make sure to bring it and the extension letter (DO NOT LOSE IT). Upon re-entry, it gets a bit tricky because you cannot use the automated scanner at entry - you have to go to a physical border agent who will ask you questions and manually verify the information is correct. 

 

I'm sorry your father and family is going through this. I'm wishing you all the best.

[bahamamama234 25]

49 minutes ago, Reanjo said:

Get a lawyer! I've just came back, from Brazil (also), due to my mother's death. I have a valid GC. In July, following advices of this site, I've asked for a Re-Entry permit, my mother was still alive. In September I've went for the biometrics, fingerprints & pictures. Mother's health got worse, I've traveled in November. My Permit only arrived by the beginning of February. I was able to get back in, on February 10, due to the Court of Appeals putting a veto on the ban. But I was scared.

I was in Brazil, already planning my comeback. With the new President and his Ban, any border patrol can prohibit anybody to get in. There is no Civil Rights at the border. Border Patrol can do anything, exactly: can do anything to anybody that wasn't born in the US. They are making GC holders sign papers giving up their permanent residency in the US. Texas is one of the worse places to get back in, it is a republican state that support the new president and his ban. The "Muslim" ban put any non US citizen, coming to the US, on the same 'limbo'.

I feel sorry for you and your spouse! Get professional counsel for that, because the risk is enormous, specially on your particular situation.

Oh damn that really scares me and that really sucks cause I wanna go see my dad but I don't want to not be able to come back

 

Are you in the same situation as me? Waiting for Removal of conditions, expired 2 year GC and you have your one year extension letter in hands?

[bahamamama234 25]

53 minutes ago, GreatDane said:

You are ok to go on the trip. Your expired green card is valid for a year after the expiration date. Make sure to bring it and the extension letter (DO NOT LOSE IT). Upon re-entry, it gets a bit tricky because you cannot use the automated scanner at entry - you have to go to a physical border agent who will ask you questions and manually verify the information is correct. 

 

I'm sorry your father and family is going through this. I'm wishing you all the best.

 

1 hour ago, kzielu said:

You'll be fine. Thousands of people did it. I 

 

Thank you! And if I have taken unemployment (Around 1 thousand of it) and been under medical (but never used it) that ain't a problem? 

Isn't trump banning people?

[GreatDane 366]

1 minute ago, Jabuticaba 1 said:

 

 

Thank you! And if I have taken unemployment (Around 1 thousand of it) and been under medical (but never used it) that ain't a problem? 

Isn't trump banning people?

Unemployment doesn't qualify as social welfare so you're totally fine. If you received food stamps, etc., that gets dicey as you could be termed a burden to society. Medical is okay, too. Non US citizens don't qualify for publically subsidized insurance under the affordable Care act. Trump is trying to restrict immigration, but not any category you meet.

 

However, I would recommend filling your N400 90 days prior to the one year mark of your green card expiring, if you want citizenship. It forces USCIS to process your i751 and those wait times are getting long. I've been waiting since August and they're just starting May applications. If you get within 30 days of your extension expiring, make sure to schedule a 550 appointment to get a passport stamp further extending your green card.

[randomstairs 266]

2 hours ago, Reanjo said:

Get a lawyer! I've just came back, from Brazil (also), due to my mother's death. I have a valid GC. In July, following advices of this site, I've asked for a Re-Entry permit, my mother was still alive. In September I've went for the biometrics, fingerprints & pictures. Mother's health got worse, I've traveled in November. My Permit only arrived by the beginning of February. I was able to get back in, on February 10, due to the Court of Appeals putting a veto on the ban. But I was scared.

I was in Brazil, already planning my comeback. With the new President and his Ban, any border patrol can prohibit anybody to get in. There is no Civil Rights at the border. Border Patrol can do anything, exactly: can do anything to anybody that wasn't born in the US. They are making GC holders sign papers giving up their permanent residency in the US. Texas is one of the worse places to get back in, it is a republican state that support the new president and his ban. The "Muslim" ban put any non US citizen, coming to the US, on the same 'limbo'.

I feel sorry for you and your spouse! Get professional counsel for that, because the risk is enormous, specially on your particular situation.

The "Ban" only applied to the 7 countries listed and even for GC holders of those nations they made a u-turn the day after the EO had come in effect. There is no reason to scare the OP since they don't plan to travel with a passport from one of the 7 nations (it wouldn't be a problem even with such a passport for GC holders).

 

And what could a lawyer do? If 0.0001% of what you're saying was true (and it isn't), no lawyer could help anyways. Relax.   

[bahamamama234 25]

19 minutes ago, randomstairs said:

The "Ban" only applied to the 7 countries listed and even for GC holders of those nations they made a u-turn the day after the EO had come in effect. There is no reason to scare the OP since they don't plan to travel with a passport from one of the 7 nations (it wouldn't be a problem even with such a passport for GC holders).

 

And what could a lawyer do? If 0.0001% of what you're saying was true (and it isn't), no lawyer could help anyways. Relax.   

What about the people saying the need a ''boarding foil'' transportation letter to be able to travel cause brazilian airlines dont accept the 1 year extension letter?

 

I did contact the brazilian consulates and the boarded protection via email to double check on that matter

[randomstairs 266]

15 minutes ago, Jabuticaba 1 said:

What about the people saying the need a ''boarding foil'' transportation letter to be able to travel cause brazilian airlines dont accept the 1 year extension letter?

 

I did contact the brazilian consulates and the boarded protection via email to double check on that matter

You can visit US embassy in Brazil before returning to the US. You don't need a re-entry permit. Your GC is valid and you have the extension letter. Contact the US embassy in Brazil again when you're there if you're still concerned. The embassy can issue whatever documents you may need in order to return to the US (as they do for those who lose their physical GC abroad). So don't worry. 

 

In absolutely worst case scenario, if the airlines are acting irrationally and against the guidelines from the US, you can fly back from another country or with a more sane airline.   

 

Please relax and focus on the time you spend with your father.

[bahamamama234 25]

12 hours ago, randomstairs said:

You can visit US embassy in Brazil before returning to the US. You don't need a re-entry permit. Your GC is valid and you have the extension letter. Contact the US embassy in Brazil again when you're there if you're still concerned. The embassy can issue whatever documents you may need in order to return to the US (as they do for those who lose their physical GC abroad). So don't worry. 

 

In absolutely worst case scenario, if the airlines are acting irrationally and against the guidelines from the US, you can fly back from another country or with a more sane airline.   

 

Please relax and focus on the time you spend with your father.

Hello, I totally understand your point and thank you!

 

But my father has stated that even if he was to die he doesn't want me to go if that will mean that I will face risks of not coming back to the USA because I have a family here and my father is proud of me for all I have acquired.

 

My family over there lives very far away from any embassy and I would have to request time off from work which would be limited therefore I can't make a trip to the consulate and wait 5-10 days to get the boarding foil.

 

I've contacted the Embassy of Brasil and it seems they are really stupid and ignorant because they told ''YOU CAN'T TRAVEL WITH EXPIRED GREEN CARD, YOU NEED A BOARDING FOIL''

 

So I have sent them back an email very complex, let me show you what I said:

 

 

 

 

 

Hello! Thank you for your fast reply!

 

I read the whole website and also the whole page on it that directs to the american page about boarding foil

which is why I am confused

 

It says there:

Although regulations generally require an LPR to travel with a valid Green Card, U.S. Customs and Border Protection policy permits a transportation carrier bound for the United States to board an LPR without carrier documentation if you:

• Are an LPR with an expired Green Card that was issued with a 10-year expiration date; or
• Are an LPR who has an expired Green Card with a two-year expiration date and you also have Form I-797, Notice of Action, showing that you filed a Form I-751, Petition to Remove Conditions on Residence, or Form I-829, Petition by Entrepreneur to Remove Conditions on Permanent Resident Status. The Notice of Action extends the validity of the card for a specified length of time, generally one year.

 

 

I don't just have an expired Green card... I follow in that second category.

I have applied for the 10 year Green Card and I received the Form I-797 which states that my green card receives extension of one year if presented with that letter for both travel and work purposes. While my petition is pending

 

People travel all around the world with expired green card if presented with Form I-797 because this one extends green card for 1 year. Only in Brasil they have problems....

 

 

So Brasil doesn't understand that form I797 is a letter of 1 year extension if presented with expired green card, all the other Countries understand that and have no problems with it...

 

So is suggested that from here (Los Angeles) I apply for the form I-131A? Even if in the website it states my case doesn't need one?

 

I've sent an attachment with the part in the official website for applying for I-131A that states that people with one year extension letter (Form I797) and expired green card DO NOT need to apply for the I-131A boarding foil.

 

Please understand I am just trying to get clarification since some people say boarding foil is needed but most people and lawyers out here say it's not because it states in the official website that people with I-797 don't need one.

 

 

 

Now I will also email the sao paulo embassy (since the first I emailed was Rio and I wouldn't be going through there anyway)

[AK_2014 113]

The website of the U.S. embassy in Brazil, where I think you got the above, also says this:

"If you are an LPR with an expired Green Card, you may not need to file Form I-131A. We encourage you to check with your airline or vessel before filing Form I-131A." (https://br.usembassy.gov/visas/green-card-holders/)

 

I have no personal experience with this -- but -- might it be the case that some airlines allow the expired card + extension letter, while others as a matter of policy require you to file a I-131A? Check with the airline you intend to fly with?

 

All best to you, your father, and your family at this time.

[bahamamama234 25]

3 hours ago, AK_2014 said:

The website of the U.S. embassy in Brazil, where I think you got the above, also says this:

"If you are an LPR with an expired Green Card, you may not need to file Form I-131A. We encourage you to check with your airline or vessel before filing Form I-131A." (https://br.usembassy.gov/visas/green-card-holders/)

 

I have no personal experience with this -- but -- might it be the case that some airlines allow the expired card + extension letter, while others as a matter of policy require you to file a I-131A? Check with the airline you intend to fly with?

 

All best to you, your father, and your family at this time.

Hello thank you so much for your reply and kind words.

 

It seems like a tricky situation but we don't wanna risk so to be sure we emailed the Congress in Rio.. Let's see what they say...we also emailed the border protection aka customs...