Out of status? help!

[grinchus 11]

Hi VJers,

My husband's 10 year GC was approved on April 29th - though we still haven't gotten the card. What's up with that?

Anyway, on May 14th he went home to visit his family. He left with his expired 2 year GC, the extension letter for one year (through Oct 2013), and his approval letter.

I was given to understand that his extension letter would be sufficient documentation for him to be able to return in August. Recently, though, someone on VJ told me that he was now out of status since he now has his approval letter and that he should go to a US consulate in Italy to get an I-551 stamp. I have emailed the consulate in Naples but still haven't heard back.

Anyway, my question is: do we need to worry about his being able to come home? What is his status now? I was also thinking of FedEx-ing him his GC when it arrives, but various people have cautioned me against it in case it gets lost.

So, I would appreciate the collective wisdom of this forum in this matter.

Thank you!

[Dobolo 9]

I am not an expert but I believe he is still in status AND not out of status if I understand your time line correctly. He has the expired GC, the approval letter for one year extension and has been approved for a 10 year GC. With his approval letter in hand, he should get back in with no problems

[rainyblue 2]

I do not think he is out of status. As long as he has the expired green card, the approval letter for one year extension he should be fine. I once travelled like he did and with me, my green card wasn't even approved yet but I got back into the country. They did stop me at POE to verify who I was and my 10 yr GC had been approved while I was away and they let me in no problem. Come to think of it, I had even lost my expired GC but went to american embassy in Uganda and they gave me a letter acknowledging loss of my expired GC. So I travelled from Uganda to the USA with only that one year extension letter.

[dtsexpert 20]

I am the one who suggest on getting the I-551

As I stated earlier, your husband can walk in US consulate requesting the I-551 stamped on his passport.

It's free. He's not out of status. He is a 10 years GC holder. The issue here is that he travels abroad without the it.

He can simply show the IO at the airport when coming back to the States the apporval letter, in my opinion he will be OK, BUT ithe IO still can give him a hard time if he/she wants to because your husband don't have "ususal" documentation for travelling (visa, Valid GC, rentry permit, Passport with I-551 stamp, US passport)

That's why I suggested having the I-551 stamp.

Again, he's not out of status.

[grinchus 11]

Thanks everyone. The person who told me that he is out of status said that, if his 10 yr GC hadn't been approved yet, he was in status with his 2 yr GC and the extension letter. Now that is 10 yr has been approved, the extension letter on the 2 yr GC is no longer valid, and that he now needs his 10 yr GC in hand. That's why I'm confused. I would have thought that the more info he has with him to show his status, the better.

I'm glad to hear others' perspectives.

[Nana098 18]

Thanks everyone. The person who told me that he is out of status said that, if his 10 yr GC hadn't been approved yet, he was in status with his 2 yr GC and the extension letter. Now that is 10 yr has been approved, the extension letter on the 2 yr GC is no longer valid, and that he now needs his 10 yr GC in hand. That's why I'm confused. I would have thought that the more info he has with him to show his status, the better.

I'm glad to hear others' perspectives.

I recommend you call to USCIS and ask about your situation, inclusive that your husband have not received his GC yet.

[grinchus 11]

I recommend you call to USCIS and ask about your situation, inclusive that your husband have not received his GC yet.

Thanks for the suggestion. We are still within the 60 days stated by the approval letter (within which you are supposed to receive your GC), so I'm sure they wouldn't appreciate a call from me until after June 29th Even after that, though, it's still complicated since my hub is in Italy and I'm here, and they won't talk to me w/ out his permission. So I would need to figure out how to set up a conference call between me, him, and UCSCI, if it comes to that! Hopefully the GC will just come on its own in the next week or so.

[Harsh_77 718]

He does not need a stamp, all he needs is the extension letter and he would be good to go.

[dtsexpert 20]

He does not need a stamp, all he needs is the extension letter and he would be good to go.

It's up to you taking the risk here. Why not go for the safe proper way having the stamp.

The extension letter is no longer valid since the ROC has been approved.

It's valid while the ROC is pending. His ROC is not pending any more.

Not try to scare anyone here, but always better to have correct documentation while travelling, especially if you are LPR.

Don't make any assumption.

This whole situation is very simple to address if he has the I-551 stamp.

[Dave&Roza 748]

Hi VJers,

My husband's 10 year GC was approved on April 29th - though we still haven't gotten the card. What's up with that?

Anyway, on May 14th he went home to visit his family. He left with his expired 2 year GC, the extension letter for one year (through Oct 2013), and his approval letter.

I was given to understand that his extension letter would be sufficient documentation for him to be able to return in August. Recently, though, someone on VJ told me that he was now out of status since he now has his approval letter and that he should go to a US consulate in Italy to get an I-551 stamp. I have emailed the consulate in Naples but still haven't heard back.

Anyway, my question is: do we need to worry about his being able to come home? What is his status now? I was also thinking of FedEx-ing him his GC when it arrives, but various people have cautioned me against it in case it gets lost.

So, I would appreciate the collective wisdom of this forum in this matter.

Thank you!

He has a valid extension letter that has an expiration date on it. If the GC has yet to arrrive you use this to gain boarding on the airplane. Believe me THAT will be the real issue. Will the airlines let him board the airplane with the expired GC and original extension letter. They have no way to know whether he has a GC yet or not. Once at the CBP at the POE, they will scan his exired GC and see that he has a new 10 year GC. They may ask why he is not carrying it and he can tell them that due to the slowness of the USCIS he was already out of the country when the new GC arrived and since it is against the law to mail the GC he is travelling on the old GC and the extension letter which is still valid.

If he wants to go get the stamp he can, but that stamp is the same as his expired GC or the 10 year GC, but will only be valid for 1 year. I do not understand the mentality that this I-551 stamp is the cure-all for everything. He has a valid I-551 in the expire GC and the extension letter. When the GC arrives he will have an I-551 than expires in 10 years. The only valid reason to get the stamp is if you have documentation that is expiring, but you are still a LPR and need to prove that--IMHO. Up to you, but I would just travel on the 2year GC and Extension letter and explain it at the POE if they ask.

Good luck,

Dave

Edited June 14, 2013 by Dave&Roza

[dtsexpert 20]

Dave,

No the stamp I-551 is not the same as the expired GC because it's currently valid while the 2yrs GC is already expired.

This stamp is temporary, that's why when you request it, the IO will ask how long your trip is, usually it's issued for 3-6 months.

Please read the extension letter again. It's the extension while the ROC is pending.

His ROC is not pending any more. So the question here whether or not the extension letter is valid.

I still leaning toward the I-551, main reason us that it's easy to get, free and ease the mind

[Dave&Roza 748]

It's up to you taking the risk here. Why not go for the safe proper way having the stamp.

The extension letter is no longer valid since the ROC has been approved.

It's valid while the ROC is pending. His ROC is not pending any more.

Not try to scare anyone here, but always better to have correct documentation while travelling, especially if you are LPR.

Don't make any assumption.

This whole situation is very simple to address if he has the I-551 stamp.

I respectfully disagree. My wife's extension letter states, and I quote:

"Your contitional resident status is extended for a period of one year. During the one-year extension you are authorized employment and travel. (This extension and authorization for employment and travel does not apply to you if your contitional resident status has been terminated.)"

I do not see the approval of the 10 year GC as terminating the conditional resident status, but rather a change in status. IMHO terminating the status makes you deportable whereas becoming a non-conditional permenant resident has all the same rights and responsibilities as a conditional permenant resident. The only ones that are going to know during this trip are those that have access to his complete immigration file. There are those that have told of problems of being allowed to board even with the I-551 stamp. The issue will being able to get on the plane back to the US and not at the CBP POE.

It is up to the OP as to how best to proceed, but I would not say that getting the I-551 stamp somehow magically makes this easier, but that is MHO.

Dave

[dtsexpert 20]

Dave,

, really hope that our discussion is not off the topic.

I still disagree with you , the key word here is "conditional"

Yes, no termination here but the status changing instead.

IMO, the extension letter is not valid any more once the ROC approved.

Off course one can presents expired GC, extension letter, ROC approval letter, plus the explanation of the situation to the IO.

Anyways, I respectfully your differencies.

[Dave&Roza 748]

Dave,

No the stamp I-551 is not the same as the expired GC because it's currently valid while the 2yrs GC is already expired.

This stamp is temporary, that's why when you request it, the IO will ask how long your trip is, usually it's issued for 3-6 months.

Please read the extension letter again. It's the extension while the ROC is pending.

His ROC is not pending any more. So the question here whether or not the extension letter is valid.

I still leaning toward the I-551, main reason us that it's easy to get, free and ease the mind

The main issue we have here as I see it is the word "terminated" in the extension letter. It does not state while ROC is pending or if the GC is approved this extension letter is no longer valid. It states if your conditional resident status is terminated. When the GC is approved you are no longer a CR but was your CR terminated? I say that it was not terminated but rather your status changed to IR. The problem I have with your reply is that you state the the I-551 stamp is easy, free and gives you piece of mind. There are several examples here on VJ where the USCIS refused to give the I-551 stamp. There are cases where the airlines would not allow someone to board with the I-551 stamp. So I would say the OP chances of peace of mind and ease in travelling back to the US are about the same with the expired GC and extension letter as it is with the I-551 stamp. Add in dealing with a Embassy/Consulate which is different that dealing with the USCIS here in the US, and it may be easier to NOT deal with the Embassy/Consulate.

So I guess it comes down to how the USCIS defines the word 'terminated" on the extension letter. As the OP is already outside the US on the extension letter, I would use that to get on the airplane. At the POE there maybe some grief as to why he is not carrying the new GC, but that is easily explained. The issue is will the airline allow him on the airplane. They will see an extension letter and an expired GC. As long as the extension letter has not expired, the airline will allow him to board. Then he gets to deal with the CBP at the POE who can see his immigration file and see that his 10 year GC has been approved. They will also see the date of approval and they may not even ask why he is not carrying it as they know about how long the USCIS takes to issue the actual card.

I want to deal with the USCIS as little as possible and will not go to get a stamp if I have a valid extension letter and the replacement is in transit. That is me. My time is too valuable to waste sitting to address something that should not need to be addressed if the USCIS did their job in a timely manner. You would rather go and get the stamp. That is up to you. Know that the OP has read all of this so she can recommend to her husband a course of action that they can follow that takes into account they level of risk taking and avoidance.

Dave

Edited June 14, 2013 by Dave&Roza

[grinchus 11]

I respectfully disagree. My wife's extension letter states, and I quote:

"Your contitional resident status is extended for a period of one year. During the one-year extension you are authorized employment and travel. (This extension and authorization for employment and travel does not apply to you if your contitional resident status has been terminated.)"

I do not see the approval of the 10 year GC as terminating the conditional resident status, but rather a change in status. IMHO terminating the status makes you deportable whereas becoming a non-conditional permenant resident has all the same rights and responsibilities as a conditional permenant resident. The only ones that are going to know during this trip are those that have access to his complete immigration file. There are those that have told of problems of being allowed to board even with the I-551 stamp. The issue will being able to get on the plane back to the US and not at the CBP POE.

It is up to the OP as to how best to proceed, but I would not say that getting the I-551 stamp somehow magically makes this easier, but that is MHO.

Dave

I truly appreciate everyone's responses to my question, and am interested in the debate back and forth as to the wording of the extension letter. In reading the quote supplied by Dave, I tend to agree with him that it all comes down to the word "terminated." In the case of conditions being removed and the issuance of a 10 year GC, I believe that would fall under a definition of "changed" status and not "terminated" status, so I do think he should be OK traveling with the extension letter.

He also has a copy of the approval letter, but maybe I will recommend that he begin by showing just the extension letter and the exp. 2 yr GC, and not confuse matters by presenting the approval letter. That he can present at the PoE in California, where, if there are any questions, I will be waiting in the arrival lobby w/ the 10 yr GC.

The recommendation to get the I-551 stamp is certainly not a bad one, but if he can avoid going to the consulate in Naples, I'm sure he would rather do so. We just need to hope that Luftnansa, and the agents in Italy and Germany (where he'll be flying through) know what they are doing.