Travel only within 6 months of NOA letter for I-751???

[sxdx79 0]

has anyone heard of this? Found this on a lawyers web site. Has anyone had problems coming back in to the US once 6 months have passed since receiving the NOA for the I-751?

http://www.pcurtislaw.com/content/travel-w...etition-pending

Travel while I-751 petition is pending

Sat, 06/21/2008 - 04:26

Many people who apply for and obtain lawful permanent residency are initially admitted to the U.S. as conditional lawful permanent residents. The most common instance of the conditional lawful permanent resident arises out of the Marriage Fraud Act which requires that all persons who obtain lawful permanent resident status through marriage to a U.S. Citizen be admitted as conditional residents for a period of 2 years.

Conditional residents are required to file Form I-751 prior to their 2 year anniversary and request the removal of the conditions on their residency. The adjudication of the I-751 generally takes about 1 year. When an I-751 applicant's petition is accepted by the USCIS, the receipt notice that is issued provides that employment authorization and travel authorization are extended for 1 year.

Although the receipt notice indicates that travel is authorized for a period of 1 year, the document can only be used to return the U.S. after travel abroad within 6 months of its issue date. Thus, if you plan to travel while your I-751 is pending and won't return within 6 months of the date the receipt notice is issued than you should apply for a temporary I-551.

[baunzerbrudi 0]

I travelled with my 751 being 7 or 9 months old... no problem. why would it state authorized for one year if it were not true????

[radacos 0]

Although the receipt notice indicates that travel is authorized for a period of 1 year, the document can only be used to return the U.S. after travel abroad within 6 months of its issue date. Thus, if you plan to travel while your I-751 is pending and won't return within 6 months of the date the receipt notice is issued than you should apply for a temporary I-551.

What do they base this on? Lots of people have used the extension letter for travel up until its expiration date.

Also, you can't "apply" for a temporary I-551 -- that is the code name of your PR status, and you retain that status while your I-751 is pending. You can get an I-551 stamp, if you want to be extra sure, but that doesn't add anything to your actual status.

[Cassie 8]

I used my extension letter a month and a half before it expired, not a problem.

[Kathryn41 3,205]

That seems kind of counter-productive. It sounds like the lawyer is getting confused about or extrapolating the immigration requirement for a passport to be valid for at least 6 months duration and extending it to the NOA. The NOA says it is good for a year's travel. Until we hear something definitive to the contrary I would take the lawyer's 'advice' with a healthy dose of skepticism.

Edited June 26, 2008 by Kathryn41

[AussieDude 0]

has anyone heard of this? Found this on a lawyers web site. Has anyone had problems coming back in to the US once 6 months have passed since receiving the NOA for the I-751?

http://www.pcurtislaw.com/content/travel-w...etition-pending

Travel while I-751 petition is pending

Sat, 06/21/2008 - 04:26

Many people who apply for and obtain lawful permanent residency are initially admitted to the U.S. as conditional lawful permanent residents. The most common instance of the conditional lawful permanent resident arises out of the Marriage Fraud Act which requires that all persons who obtain lawful permanent resident status through marriage to a U.S. Citizen be admitted as conditional residents for a period of 2 years.

Conditional residents are required to file Form I-751 prior to their 2 year anniversary and request the removal of the conditions on their residency. The adjudication of the I-751 generally takes about 1 year. When an I-751 applicant's petition is accepted by the USCIS, the receipt notice that is issued provides that employment authorization and travel authorization are extended for 1 year.

Although the receipt notice indicates that travel is authorized for a period of 1 year, the document can only be used to return the U.S. after travel abroad within 6 months of its issue date. Thus, if you plan to travel while your I-751 is pending and won't return within 6 months of the date the receipt notice is issued than you should apply for a temporary I-551.

What the lawyer is saying is that someone with the status of permanent resident in the US cannot leave the US for more than 6 months. They are deemed to have given up their residency. It has nothing to do with I-751, this is pretty much standard for all residents. I believe if you leave for more than 6 months as a resident, you are supposed to ask for a residency return visa. I believe if you leave for more than a year, you are automatically assumed to have given up residency status. I haven't looked at the rules for a while, but I believe its something to that effect.

[Kathryn41 3,205]

Almost, but not quite . . . I can see how you are interpreting that statement - the one that gets me is where it says, "Although the receipt notice indicates that travel is authorized for a period of 1 year, the document can only be used to return the U.S. after travel abroad within 6 months of its issue date. Thus, if you plan to travel while your I-751 is pending and won't return within 6 months of the date the receipt notice is issued than you should apply for a temporary I-551.. Basically, it is implying that the NOA is not a travel document if it is more than 6 months since it has been issued and you need to get a passport stamp instead. That is simply not true. Certainly, traveling for more than 6 months out of the country is an important issue, but I don't believe it is the one this paragraph addresses.

[sxdx79 0]

Almost, but not quite . . . I can see how you are interpreting that statement - the one that gets me is where it says, "Although the receipt notice indicates that travel is authorized for a period of 1 year, the document can only be used to return the U.S. after travel abroad within 6 months of its issue date. Thus, if you plan to travel while your I-751 is pending and won't return within 6 months of the date the receipt notice is issued than you should apply for a temporary I-551.. Basically, it is implying that the NOA is not a travel document if it is more than 6 months since it has been issued and you need to get a passport stamp instead. That is simply not true. Certainly, traveling for more than 6 months out of the country is an important issue, but I don't believe it is the one this paragraph addresses.

The language is confusing and I never heard of this before, I double checked my wife's letter and it does say one year. I wanted to post this here in case anyone else came across this