Can I Travel Before A Decision Is Made?

[Sarah76 0]

Hello everyone,

I'm new to this forum, so please, be gentle!

I finally sent off my I-751 and supporting evidence today (yay!) and now it's the long wait for a decision. I have a couple of questions I hope someone could help me with.

1) Hubby and I had made plans to spend Christmas this year with my family in the UK (by then, it will have been 18 months since I last saw my family, and I am so looking forward to Christmas). But, I am worrying myself sick as to whether I will be allowed to make the trip if no decision on my petition has been made by then. Does anyone know what I should do if I've heard nothing by say, late October (that's when we'd be buying our plane tickets)?

2) Will I receive any kind of confirmation that my petition has been received by the USCIS in Vermont? I've heard something about an NOA1 (sorry if that's incorrect) but I truly don't understand what that is or what to do with it!

Any help or advice would be greatly appreciated, as this trip to the UK for Christmas is something I am longing for.

Thank you so much in advance.

Sarah

PS, If it helps, I'm British living in San Antonio, TX with my American citizen husband.

Edited March 16, 2010 by Sarah76

[Otto 83]

Your first notice of action (NOA1/I-797) will be both your confirmation that your I-751 (and 'stuff') was received and will serve as your proof that your PR/Green Card status has been extended by 1-year (it will say so on the notice) so hang on to it when you get it.

This NOA1 and your (then expired) PR/Green Card will be sufficient for re-entering the US.

[Kathryn41 3,205]

Hello everyone,

I'm new to this forum, so please, be gentle!

I finally sent off my I-751 and supporting evidence today (yay!) and now it's the long wait for a decision. I have a couple of questions I hope someone could help me with.

1) Hubby and I had made plans to spend Christmas this year with my family in the UK (by then, it will have been 18 months since I last saw my family, and I am so looking forward to Christmas). But, I am worrying myself sick as to whether I will be allowed to make the trip if no decision on my petition has been made by then. Does anyone know what I should do if I've heard nothing by say, late October (that's when we'd be buying our plane tickets)?

2) Will I receive any kind of confirmation that my petition has been received by the USCIS in Vermont? I've heard something about an NOA1 (sorry if that's incorrect) but I truly don't understand what that is or what to do with it!

Any help or advice would be greatly appreciated, as this trip to the UK for Christmas is something I am longing for.

Thank you so much in advance.

Sarah

PS, If it helps, I'm British living in San Antonio, TX with my American citizen husband.

Hi Sarah,

You have just sent off your I-751 so in a week to 10 days after mailing it you should receive back a receipt (known as an Notice of Action - NOA). This will acknowledge the receipt of your I-751 and include a paragraph that says that this receipt also acts as an extension to your green card (I-551) for one year and is good for the purposes of both work and travel. What this does is effectively makes your green card valid for another year by which time there should be a decision on the I-751. Within a month or two after receiving the NOA1 you will receive another notice - this is is the ASC (Application Support Center) Notification also known as the Biometrics letter. In it will be instructions about where and when to go to have your fingerprints done and your picture taken. The NOA1 and the ASC letter will both have case numbers listed on them but you will see that they are different. The one on the NOA1 is an internal number and you won't be able to check your status on line with that number. You need to wait until you get the biometrics letter and use that case number to follow your status online.

You carry the NOA1 and your expired green card together when you travel. If you are ever questioned you can point out the paragraph on the letter that states it extends your status for one year, however, you shouldn't have any problems travelling to and from the UK. It is also quite possible that you will have an approval of your 10 year green card before your Christmas travels so this will all be a moot point .

Good luck! Most Removal of Condition applications are approved without interviews.

[Sarah76 0]

Thank you both so much for your informative and speedy responses! That has really put my mind at ease and taken the worry off my shoulders about not being allowed to visit my family!

YAYYYYYYY!!!!!!!!!!!

[taurean 0]

And if by chance you don't receive a NOA1, which happened to us, you can make an Infopass appointment to get an I-551 stamp in your passport which I think also extends your permanent resident status while your I-751 is pending. My husband ended up getting this stamp because he was going to be travelling and the NOA did not arrive before he was scheduled to leave (in fact it never arrived). He traveled with just this stamp in his passport with no problems.

Edited March 16, 2010 by taurean