Lost Extension Letter but conditions removed given 1 Year extension

[Amsterdam133 0]

My wife lost her extension letter and left on vacation with our children to Dominican Republic. After much investigation it costs almost the same to get another. Before losing it we know she was extended a year and also did her fingerprints before leaving.  Her return date back to the US is almost a month after the green card expired. (Again, she was extended 1 year and I'm hoping it's already in the system, or else why would they have sent the original.) Things happen and she lost it.  We don't have the funds to change the tickets or pay for another letter.  May i add that two of the children have a 10 year visa and 1 is a U.S. citizen and they are all traveling back together.  Will they allow my wife back in the country without the letter even though her permanent card will have been expired for at least a month? Again she did her fingerprints before traveling and has the receipt for that. I'm planning on getting a letter from our local congress rep., asking her to allow her back as a backup.  We have 2 days to make a decision, I just want to know if they will allow my wife back in the U.S. Thank You. 

[Going through 5,668]

36 minutes ago, Amsterdam133 said:

My wife lost her extension letter and left on vacation with our children to Dominican Republic. After much investigation it costs almost the same to get another. Before losing it we know she was extended a year and also did her fingerprints before leaving.  Her return date back to the US is almost a month after the green card expired. (Again, she was extended 1 year and I'm hoping it's already in the system, or else why would they have sent the original.) Things happen and she lost it.  We don't have the funds to change the tickets or pay for another letter.  May i add that two of the children have a 10 year visa and 1 is a U.S. citizen and they are all traveling back together.  Will they allow my wife back in the country without the letter even though her permanent card will have been expired for at least a month? Again she did her fingerprints before traveling and has the receipt for that. I'm planning on getting a letter from our local congress rep., asking her to allow her back as a backup.  We have 2 days to make a decision, I just want to know if they will allow my wife back in the U.S. Thank You. 

The status of the children are irrelevant because they are all returning to the States under legal status...in other words, she can't "piggy-back" them crossing the border on an expired green card just because she's their mother.  Most likely, they will allow her entry because the card had *just* expired but may receive an officially recorded warning (which she really wants to avoid) if she can at least prove she'd received the extension somehow.  I kind of doubt that anything gets "entered into the system" at the border by USCIS when it comes to extensions---hence why she was given a letter.

 

My advice would be to strongly suggest that she returns to the USA before her GC expires.

Edited July 22, 2017 by Going through

[Hypnos 6,576]

It wouldn't surprise me if she were denied entry, especially in the current political climate where it's clear the current administration has made the treatment of aliens a hard right issue.

 

An alternative would be to obtain a transportation letter from the US embassy in the Dominican Republic, but this cannot be done in two days.

 

https://do.usembassy.gov/embassy/santo-domingo/sections-offices/u-s-customs-border-protection/apply-transportation-letter/

Edited July 23, 2017 by Hypnos

[Going through 5,668]

17 minutes ago, Going through said:

I'm planning on getting a letter from our local congress rep., asking her to allow her back as a backup.

No congress rep. is going to write a letter basically stating that they support someone breaking immigration law, and then ask for favortism towards them. 

 

What she can do, if she insists on letting her GC expire abroad, is contact the local US Consulate and see if they can assist her in any way.

 

Really though, why take the chance?  Is her being barred from crossing worth the lack of refund on the plane ticket?

Edited July 23, 2017 by Going through

[Amsterdam133 0]

38 minutes ago, Going through said:

The status of the children are irrelevant because they are all returning to the States under legal status...in other words, she can't "piggy-back" them crossing the border on an expired green card just because she's their mother.  Most likely, they will allow her entry because the card had *just* expired but may receive an officially recorded warning (which she really wants to avoid) if she can at least prove she'd received the extension somehow.  I kind of doubt that anything gets "entered into the system" at the border by USCIS when it comes to extensions---hence why she was given a letter.

 

My advice would be to strongly suggest that she returns to the USA before her GC expires.

Thank You for the comment. 

[Amsterdam133 0]

22 minutes ago, Going through said:

No congress rep. is going to write a letter basically stating that they support someone breaking immigration law, and then ask for favortism towards them. 

 

What she can do, if she insists on letting her GC expire abroad, is contact the local US Consulate and see if they can assist her in any way.

 

Really though, why take the chance?  Is her being barred from crossing worth the lack of refund on the plane ticket?

Thank you for the comment.  We did call US Consulate and they said we have to pay the same fee amount as the original, which is the issue. I asked someone who works for customs in the airport my wife will come back to and they said if she has the finger printing receipt and on the server it will show she has been extended, she will be let in but I will keep looking for alternatives.  Thanks again. 

[Going through 5,668]

Keep in mind, too, that her port of entry will be NY.  One of the strictest these days.

NY doesn't play around when it comes to border patrol anymore.

 

 

[Going through 5,668]

13 minutes ago, Amsterdam133 said:

Thank you for the comment.  We did call US Consulate and they said we have to pay the same fee amount as the original, which is the issue. I asked someone who works for customs in the airport my wife will come back to and they said if she has the finger printing receipt and on the server it will show she has been extended, she will be let in but I will keep looking for alternatives.  Thanks again. 

 

Let's hope that the officer screening your wife when she is at the border has the same mindset as the service person on the phone, then.

 

 

 

Edited July 23, 2017 by Going through

[mindthegap 2,521]

32 minutes ago, Amsterdam133 said:

 I asked someone who works for customs in the airport my wife will come back to and they said if she has the finger printing receipt and on the server it will show she has been extended, she will be let in but I will keep looking for alternatives.  

 

Immigration isn't the issue here - they have ways of verifying status at the border, even without documentation, for both US citizens and LPRs.

 

The issue is the airline is most unlikely to let someone board without the correct documentation for entry, as they gets fined if they do so. You are permitted to board with an expired 10 yr card, but NOT an expired 2yr card without an accompanying extension letter.

Do you not even have a copy of the (original, watermarked) extension letter. Even that would be worth a shot...

 

 

If you are insistent on staying there and not cutting  the trip short, then your only realistic option is to obtain a transportation letter while in the DR. You have to pay for this, and it is a one time use document, but will permit you boarding and entry with no issues.

[Amsterdam133 0]

36 minutes ago, mindthegap said:

 

Immigration isn't the issue here - they have ways of verifying status at the border, even without documentation, for both US citizens and LPRs.

 

The issue is the airline is most unlikely to let someone board without the correct documentation for entry, as they gets fined if they do so. You are permitted to board with an expired 10 yr card, but NOT an expired 2yr card without an accompanying extension letter.

Do you not even have a copy of the (original, watermarked) extension letter. Even that would be worth a shot...

 

 

If you are insistent on staying there and not cutting  the trip short, then your only realistic option is to obtain a transportation letter while in the DR. You have to pay for this, and it is a one time use document, but will permit you boarding and entry with no issues.

I do not have a photo of it or anything, which I always do but for some reason I didn't. The travel documents costs almost the same to change the flight which is around $600 and from what I've been reading the fastest they can have it ready is 6 weeks and the 6th week would be that week she would have to leave on the original return trip so there still isn't any guarantee of her getting on that flight. I've read that some of the airlines see that this is a common thing and the fingerprint paper is proof enough to get on the flight, the airline that she is flying on doesn't really hassle with it.  Thank you again for comment. I will need to make a decision soon.

[Hypnos 6,576]

The safest option is the transportation letter, since once obtained it will virtually guarantee entry into the US due to the song and dance you have to do to get it in the first place. 

 

You're rolling the dice by choosing any other option. She might get in, she might be denied entry and sent back, and she may not even be allowed to board in the first place. 

 

It isn't a risk I would take, but obviously it's up to you and your wife. 

Edited July 23, 2017 by Hypnos

[Mollie09 1,543]

99.99% chance she won't be allowed on the plane.

If she does make it to the border she'll get a lecture, but the pending application will show up in the system.

[mindthegap 2,521]

1 hour ago, Amsterdam133 said:

The travel documents costs almost the same to change the flight which is around $600 and from what I've been reading the fastest they can have it ready is 6 weeks 

You are getting confused with a re-entry permit, which is not relevant to your situation.

The document you need is not widely talked about, but it is called a transportation letter and is specifically for the circumstances of lost documents such as this.

 Every US consulate or Embassy will issue them, after doing stringent checks on the applicant to verify their identity.

 

1 hour ago, Amsterdam133 said:

 I've read that some of the airlines see that this is a common thing and the fingerprint paper is proof enough to get on the flight, the airline that she is flying on doesn't really hassle with it. 

 

The I-797C (the biometric appointment notice) is a notice of an appointment, and not valid for travel or any other purpose.

Just in case you didn't know that,  it even says it at the very top in big bold capital letters 'THIS NOTICE DOES NOT GRANT ANY IMMIGRATION STATUS OR BENEFIT'.

A random airline employee cannot just override the criteria for APIS and Secure Flight because they like you or 'think' you have valid documents at home but not in your possession. Every airline flying to the US MUST follow strict criteria - see THIS DOCUMENT for the specifics - which will not be met in the circumstances you describe.

You may not like it, and it may not be convenient to you. but that is the immigration law as it stands at the current time.

 

Edited July 23, 2017 by mindthegap

[Amsterdam133 0]

18 hours ago, Hypnos said:

The safest option is the transportation letter, since once obtained it will virtually guarantee entry into the US due to the song and dance you have to do to get it in the first place. 

 

You're rolling the dice by choosing any other option. She might get in, she might be denied entry and sent back, and she may not even be allowed to board in the first place. 

 

It isn't a risk I would take, but obviously it's up to you and your wife. 

Yes, it looks like we will have to go with the option of getting the I-131A Travel Document, which is $575. From what I"m reading that's the document we will need to not risk it.  Thank you again for the comment. 

[Going through 5,668]

I know it bites to have to get the transportation letter, but always better safe than sorry when dealing with immigration woes.

 

Can I just say one thing though?  I noticed through this entire thread you never once blamed your wife for losing the letter, or whined about how much "her mistake" was gonna cost you now.  Just wanted to give you kudos for that, because I think there's a lot of people who would have started off a thread like this blaming their spouse to the high heavens and back... 

 

Er...if you feel like spending even more money after paying for the transportation letter, I like expensive sushi trays....