Traveling/returning just before GC extension expires

[KPea 0]

Hello everyone! Hoping someone has had similar experience and can help how they worked it out...

 

The details:

- I-751 pending (November 2016 filer)

- VSC filer (so expecting it to take over a year to be processed)

- NOA1 extension expires Jan 31st, 2018

- plan on traveling from NY to Australia & Malaysia to spend time with family with our newborn infant - for 7 weeks (Dec 4th - Jan 22nd 2018)

- returning to US 9 days before 1 year extension expires

- will be entering US at LAX

 

I understand I should make an InfoPass appointment to get I-551 passport stamp before I go. Anyone share they're experience for doing this in NYC?
 

A few more questions:

- can I make an Infopass appointment to get I-551 passport stamp 2-3 months before GC extension expires?

- what happens if I receive an interview notice or RFE while I am gone? potentially not seeing it if I don't have someone checking my mail regularly. That would be unfortunate timing.

- will I have any issues coming back to US just 9 days before green card extension letter expires?

- if green card is approved and sent to my US home while we are gone, will my NOA1 extension letter/I-551 passport stamp still be good for re-entering the US or is it cancelled, and I will not be allowed in without my current green card to present at immigration?

- does expired green card get taken away when I-551 stamped? If so, would immigration still accept NOA1 extension letter and/or I-551 stamp?

 

Any help greatly appreciated! I will be calling USCIS tomorrow but expect not to get a very helpful answer, through previous experiences with them.

 

 

[Georgia16 2,858]

One day before is really cutting it what if there is delays or the baby gets sick and so on.

[KPea 0]

Hey Georgia16, I would be coming back 9 days before it the GC extension expires, not 1 day.

[Georgia16 2,858]

4 minutes ago, KPea said:

Hey Georgia16, I would be coming back 9 days before it the GC extension expires, not 1 day.

Good I must have misread! 

[mindthegap 2,550]

Your current plan does not require you to get a stamp, as long as you have the letter and expired card and return before expiry. At any rate, they would be unlikely to issue you a stamp 3 months before expiry of the letter.

 

[KPea 0]

1 hour ago, mindthegap said:

Your current plan does not require you to get a stamp, as long as you have the letter and expired card and return before expiry. At any rate, they would be unlikely to issue you a stamp 3 months before expiry of the letter.

 

What would happen if I come back with 9 days remaining before it expires? Then I have 9 days to schedule myself a Infopass appointment and get the I-551 passport stamp? Unlikely, seeing as appointments seem to be fully booked out 14 days in advance. But how do I not let myself get out of legal status?

[mindthegap 2,550]

53 minutes ago, KPea said:

What would happen if I come back with 9 days remaining before it expires? Then I have 9 days to schedule myself a Infopass appointment and get the I-551 passport stamp? Unlikely, seeing as appointments seem to be fully booked out 14 days in advance. But how do I not let myself get out of legal status?

You do not need to get the stamp before the expiry of your extension letter.

Unlike the expiry of the green card, when your extension letter expires you are not out of legal status, you just have no proof of that status - for example if you need to travel or renew your DL

[lucybelle 453]

We're doing something similar. Traveling abroad and coming home one week before letter date expiration (not GC). I plan to make an infopass appointment before we leave- they schedule 14 days out. I'll get him an appointment for a few days after we get home to get the stamp, which will be just a few days before letter "expires".

[KPea 0]

15 minutes ago, lucybelle said:

We're doing something similar. Traveling abroad and coming home one week before letter date expiration (not GC). I plan to make an infopass appointment before we leave- they schedule 14 days out. I'll get him an appointment for a few days after we get home to get the stamp, which will be just a few days before letter "expires".

So you'll be trying to book an Infopass appointment while you are traveling, for a date just after you've returned and before the letter expires?

 

Are you worried about not having the stamp before you go? Or if you receive an interview/RFE notice while you are away?

 

[yukster 7]

I went to get a stamp at USCIS office as I am traveling internationally and coming back about 2 weeks before GC expiration.  But the officer refused to give me the stamp as he does not see a good reason and told me to come back after I return to the US, if the new GC is still not here.

He also told me that I can walk in to get the stamp without an appointment.  I am not sure if that's the case with your local USCIS office.  The one I went to looked slow and all time slots were open when I made my appointment. 

 

I actually received an approval letter today.  The letter says to get the stamp if I need to travel before the new GC is received.  I am hoping that I can get the stamp this time as traveling while waiting for a new card seems to be a different situation than traveling while case pending.

[lucybelle 453]

21 hours ago, KPea said:

So you'll be trying to book an Infopass appointment while you are traveling, for a date just after you've returned and before the letter expires?

 

Are you worried about not having the stamp before you go? Or if you receive an interview/RFE notice while you are away?

 

 

Yes, it will be for a date after we return but before letter expires.

 

I am not worried at all.  My husband travels frequently and he was not asked for extension letter until after GC expired.  And technically that letter should extend his GC date, which is in July.

 

We'll only be gone for a week so I'm not too worried about an interview/RFE notice.

[KPea 0]

Just called USCIS, surprised I actually got a callback from a Tier 2 officer. I asked for a badge number so I could reference the enquiry and he said he didn't have one, need to reference my receipt number.

 

These were the questions/answers:

 

- visa fee waived message on website - its a glitch in the system (as expected)

- when does extension expire - 1 year from expiration of GC or receipt date on NOA letter? - date on letter (that would be 10th November 2017)

 

This threw me off...I was expecting him to say 1 year from GC date. It actually works better if it is date on letter so I can be guaranteed to get I-551 stamp before I go.

 

- what happens if I receive interview notice or RFE while I am gone? - they can't tell me either way, would need to address it either way so need someone checking mail regularly while I'm gone

- what happens after the letter expires and I have not received my 10 year green card? - if temporary green card and letter is both expired, I cannot work, drive, travel etc. Need I-551 stamp

- can I make an Infopass appointment to get my green card extension extended further, 2-3 months before it actually expires? - need to make appointment at least 30 days before it expires

- if green card is sent/received while we are gone, will my extension still be good for re-entering the US or is it cancelled?- stamp is still valid, its good for entry

- does expired green card get taken away when I-551 stamped? - no, they put a sticker on it

 

Please let me know if you have or have been provided any contradicting information on this!

 

I know the 1 year from GC expiration or letter seems to change depending on who you're talking to...

 

[mindthegap 2,550]

With immigration officers spreading BS like that, is it any wonder that people get confused about this whole process?

 

 

27 minutes ago, KPea said:

- what happens after the letter expires and I have not received my 10 year green card? - if temporary green card and letter is both expired, I cannot work, drive, travel etc. Need I-551 stamp

Many issues with what you have been told, but this specifically is such rubbish (aside from travel) it deserves a special mention.

Your status, lawful presence, or right to work is not affected when the letter expires. 

The stamp serves as proof of your status - it doesn't dictate it. 

[bolin786 21]

If I understood correctly, you have a valid extension letter.  You do not need a i-555 passport stamp.  It serves the same as a valid extension letter. One or the other. My only worry is to receive a letter requesting your presence and you are out of the country.  My advise is to avoid if at all possible any travel while processing your papers. If the letter is about to expire then request a second letter or passport stamp.

 

Edited March 27, 2017 by bolin786

[bolin786 21]

My point precisely Kpea.  Try to avoid travel while your are in the process of submitting all the pertinent info. You will have plenty of time afterwards.