Can my wife travel aboard with I-551 stamp and NTA?

[Tony F 0]

Long story short, USCIS listed my wife's I-751 as a lost case; apologized and asked us to reconstruct I-751. However, her case automatically routed to the immigration court; denied due to failed to response. The thing is her master hearing is not till 01/2016. We just got the I-551 stamp after received Notice To Appear, can she travel with I-551 stamp without any problem? Both the airlines and custom? Her attorney said if we want he can provide a letter to IO in case if there is a problem. Has anyone travel with I-551?

The documents she have are an expired GC, a I-551 stamp for 1 year and a NTA. We are traveling with our 2 USC sons.

Thanks for sharing.

Edited August 8, 2014 by Ryan H

[Dave&Roza 748]

Long story short, USCIS listed my wife's I-751 as a lost case; apologized and asked us to reconstruct I-751. However, her case automatically routed to the immigration court; denied due to failed to response. The thing is her master hearing is not till 01/2016. We just got the I-551 stamp after NTA, can she travel with I-551 stamp without any problem? Both the airlines and custom? Her attorney said if we want he can provide a letter to IO in case if there is a problem. Has anyone travel with I-551?

The documents she have are an expired GC, a I-551 stamp for 1 year and a NTA. We are traveling with our 2 USC sons.

My wife travels with an I-551 all the time. Hers just happens to be a plastic card with "Permanent Resident" written on it--I.E. the GC. The I-551 stamp with an expiration date is the same as the plastic GC. The airlines actually recognize the stamp easier than they would advance parole (AP). She can bring the expired GC, but the stamp in her passport is all she really needs.

Have a good trip,

Dave

Edited August 8, 2014 by Ryan H

[Tony F 0]

Thanks Dave.

The thing caught my mind is the Notice of Denied - "Your status is terminated and surrender your GC to the nearest Immigration Office"..etc. This is totally contridicted after we received her I-551 stamp and gave us back the expired GC.. Her attorney's explaination is only immigration judge can terminate GC, which means she is legal to reside in U.S until the judge make the final decision.. Any thoughts?

Edited August 8, 2014 by Ryan H

[Ryan H 3,812]

Moved from IR-1/CR-1 Process & Procedures to Working & Traveling During US Immigration forum.

[Dave&Roza 748]

Thanks Dave.

The thing caught my mind is the Notice of Denied - "Your status is terminated and surrender your GC to the nearest Immigration Office"..etc. This is totally contridicted after we received her I-551 stamp and gave us back the expired GC.. Her attorney's explaination is only immigration judge can terminate GC, which means she is legal to reside in U.S until the judge make the final decision.. Any thoughts?

True. Only an IJ can terminate her LPR status. It is part of due process. USCIS and CBP can recommend that the IJ revoke your LPR status, but you must have your day in court to refute the accusations brought against you. So they can state that you surrender your GC and they might have you sign a document making it look like you voluntarily surrendered the GC which is your right to do, but they cannot trick you into surrendering the GC under the guise of stating it is terminated, etc.

She is still a LPR until her day in court. Does this mean that the CBP cannot give her a hard time at POE, no. It should not happen, but be nice, polite and leave plenty of time for a connecting flight until this issue is resolved.

Dave

Edited August 8, 2014 by Ryan H

[Tony F 0]

I think if the CBP's system pops up there was a Notice of Denied/Appear issued then there maybe a problem.. Otherwise it's no difference than a regular I-551 stamp? Wonder if anyone had this experience can share. Thanks.

Edited August 8, 2014 by Tony F