Traveling abroad close to expiration date

[kristen_maroc 126]

Hi,

My husband's 2-year green card expires in March; he has a trip planned to go back home (his first in 27 months!) and will be back in early January. Do you think he will run into issues?

Thanks!

[Sirdaniel42 86]

He can start applying for his unconditional card 90 days before expiration date, when you receive your NOA-1 you will also receive a letter that adds 1 year to the expiration date on the green card. take both with you when and if you travel.

Mailing the Packet & What to do While You Wait

The I-751 form and accompanying documents are mailed to either the USCIS California or Vermont Service Centers (click here to see the filing location for your state) depending on your state of residence. (Use certified mail or priority mail with delivery confirmation, and write "Attention: I-751 petition to remove conditions of status" on the envelope under the address.) You will receive a notice of receipt for the form stating that "Your alien card is extended one year - employment and travel authorized". Keep the receipt with your green card. If by some chance you are not approved within a year you will want to make an InfoPass appointment to go to your Local Office to request an I-551 stamp in your passport. This does happen as it sometimes it takes over a year to be approved. After your NOA extension expires, this is your only evidence of legal status which you are required to have, by law. This happens occasionally, that a case takes over a year, but it's rare. Local Offices will not give an I-551 stamp if you have another type of evidence of status (ie, expired Green Card + extension letter).

[Dave&Roza 748]

Hi,

My husband's 2-year green card expires in March; he has a trip planned to go back home (his first in 27 months!) and will be back in early January. Do you think he will run into issues?

Thanks!

Leave on the trip, have fun and when he returns he should be in the window to file for ROC--90 days before it expires. Typically the bio appointment is 30 days after they process the application and issue you the NOA1 which can be used with the EXPIRED GC to gain re-entry to the US. Do not take the original extension letter with you until he travels on the EXPIRED GC. As long as his GC is valid he will be allowed to board the airplane and be readmitted by the CBP. Short trips on the GC are easy. It is only when you have made a long trip--more than 6 months but less than a year--or several short trips that add up to more than 6 months do you run into problems. I would also suggest you scan in a copy of the NOA1 and his current GC--front and back--just in case. I have done that throughout this entire process just so I have a copy of everything. Those copies are on several different computers.

To add to the above posted, if you do not receive the 10 year GC by the time the extension is to expire, do not apply for another I-551 but rather file for naturalization as this will force them to make a decision on the ROC.

Good luck,

Dave

Edited November 23, 2013 by Dave&Roza

[VickyP 34]

He will not have any issues! Just went home myself and came back without any issues!

[kristen_maroc 126]

Thanks, y'all. He leaves 90 days almost to the day (give or take 3 days, I think?) from when it expires, so he wont have the letter in time. It's just a 2-week trip, and other than a 5-day cruise earlier this year, he hasn't left the country at all since September 2011... so I hope he will be fine!