Denied travel with expired green card and I-797 Notice of Action

[kimbaljl 10]

My husband was denied entry on his plane last night by Air Canada in the Lima, Peru airport.  He had his passport, expired green card, and his I-797 notice of action showing that his green card is extended a year and he is authorized for travel while we wait for the removal of conditions on his green card.  He also had an ETA (electronic travel authorization), which as far as I can tell, is all that is needed for a US permanent resident to travel to/through Canada.  His flight goes through Toronto before entering the US.  He was told that the I-797 was not a valid travel document.  Has anyone else had similar problems?  Any suggestions about what we can do to get him home?  All Air Canada agents on the phone are very unhelpful, and they no agents arrive in the airport until 10pm, so he wasn't able to speak with anyone this afternoon.  We're looking at other airlines, but don't want to pay an outrageous cost for a new ticket when there's no valid reason he's being denied entry.

[Michelle13 39]

That is super strange that they did not accept the NOA proof of travel/work.  I just traveled internationally and all I brought was my passport, GC (expired) and the extension letter and they let me through no problem.... 

[kimbaljl 10]

1 minute ago, Michelle13 said:

That is super strange that they did not accept the NOA proof of travel/work.  I just traveled internationally and all I brought was my passport, GC (expired) and the extension letter and they let me through no problem.... 

Yeah, I looked at quite a few posts on here before I posted and found almost no issues.  I don't know what to do so they'll realize that it's valid.  And unfortunately I'm in the US, so I'm not there to help.

[Crazy Cat 39,218]

Check page 38 of this document.  Travel is permitted with an expired GC and extension letter.

 

https://www.cbp.gov/sites/default/files/documents/Carrier Information Guide- English.pdf

[kimbaljl 10]

46 minutes ago, missileman said:

Check page 38 of this document.  Travel is permitted with an expired GC and extension letter.

https://www.cbp.gov/sites/default/files/documents/Carrier Information Guide- English.pdf

 

This is great!  I'll have him print this to take to the airport with him when he goes tonight to try again.  Still open to any other ideas/experiences anyone else has.

[mindthegap 2,521]

1 hour ago, kimbaljl said:

This is great!  I'll have him print this to take to the airport with him when he goes tonight to try again.  Still open to any other ideas/experiences anyone else has.

There is no other idea.

Legally he fulfills the requirements for boarding, as the document linked above shows.

 

Also very strange that they didn't board him at least for the LIM-YYZ sector, as he would have gone through pre-clearance US immigration when leaving YYZ, so there is no $4000 fine possible for Air Canada for boarding someone without the correct documents (which is all the airlines really care about)

Most peculiar.

 

Given his documents were in order, I would also be chasing compensation from Air Canada for IDB too..... (IDB is involuntary denied boarding, not dyslexic irritable bowel disease).

Edited August 7, 2017 by mindthegap

[kimbaljl 10]

Update:  My husband tried to go back the next night with some more documentation, including what was linked above, to show that his documents were valid.  Air Canada still refused to let him on the plane.  They would not consider the I-797 as a valid document, and therefore, they considered him to have an expired green card.  They said since his green card was "expired" he needed a transit visa to travel through Canada.  He experienced very poor customer service and the manager didn't help any more than the normal agents.  He was forced to buy another ticket that went straight to the US (Orlando).  He went through Latam Airlines and had no problems at all.  

 

I am going to see what I can do as far as contacting someone at Air Canada about getting all their employees trained on what an I-797 is to hopefully avoid this happening to someone else in the future.  If anyone else has other suggestions about how to report this problem, I'm open to any ideas.

Edited August 8, 2017 by kimbaljl

[Michelle13 39]

2 minutes ago, kimbaljl said:

Update:  My husband tried to go back the next night with some more documentation, including what was linked above, to show that his documents were valid.  Air Canada still refused to let him on the plane.  They would not consider the I-797 as a valid document, and therefore, they considered him to have an expired green card.  They said since his green card was "expired" he needed a transit visa to travel through Canada.  He experienced very poor customer service and the manager didn't help any more than the normal agents.  He was forced to buy another ticket that went straight to the US (Orlando).  He went through Latam Airlines and had no problems at all.  I am going to see what I can do as far as contacting someone at Air Canada about getting all their employees trained on what an I-797 is to hopefully avoid this happening to someone else in the future.

I'm sorry you had such a hard time

 

It's so frustrating when officials aren't up to date on visa information

[Going through 5,668]

1 hour ago, kimbaljl said:

Update:  My husband tried to go back the next night with some more documentation, including what was linked above, to show that his documents were valid.  Air Canada still refused to let him on the plane.  They would not consider the I-797 as a valid document, and therefore, they considered him to have an expired green card.  They said since his green card was "expired" he needed a transit visa to travel through Canada.  He experienced very poor customer service and the manager didn't help any more than the normal agents.  He was forced to buy another ticket that went straight to the US (Orlando).  He went through Latam Airlines and had no problems at all.  

 

I am going to see what I can do as far as contacting someone at Air Canada about getting all their employees trained on what an I-797 is to hopefully avoid this happening to someone else in the future.  If anyone else has other suggestions about how to report this problem, I'm open to any ideas.

Forget training their employees....I hope you got the airfare refunded!

[mindthegap 2,521]

16 hours ago, kimbaljl said:

Update:  My husband tried to go back the next night with some more documentation, including what was linked above, to show that his documents were valid.  Air Canada still refused to let him on the plane.  They would not consider the I-797 as a valid document, and therefore, they considered him to have an expired green card.  They said since his green card was "expired" he needed a transit visa to travel through Canada.  He experienced very poor customer service and the manager didn't help any more than the normal agents.  He was forced to buy another ticket that went straight to the US (Orlando).  He went through Latam Airlines and had no problems at all.  

 

I am going to see what I can do as far as contacting someone at Air Canada about getting all their employees trained on what an I-797 is to hopefully avoid this happening to someone else in the future.  If anyone else has other suggestions about how to report this problem, I'm open to any ideas.

Clear cut case of IDB, especially as pre-clearance is done at YYZ.

Pursue them for the cost of the wasted AC ticket, the replacement LATAM ticket, and compensation, plus hotel/meal costs.

 

Page 38 of the document linked above VERY clearly states that it is valid for travel, and it even says

 “appearance and data elements of form I-797 may vary dependent on issuing offices from U.S. Citizenship and Immigration Services. If unsure about form I-797 please contact the RCLG prior to boarding”.

 

Did the employee contact the RCLG (which stands for Regional Carrier Liaison Groups) to verify? They would have given an answer of cleared to travel if they had indeed contacted them, which is what they should have done.

That guide is specifically designed for and in possession of any airline that flies to the US, and they should have been aware of, and referenced, it.

 

 

 

Some light reading for you:

 

https://www.aircanada.com/content/dam/aircanada/portal/documents/PDF/en/International_Tariff_en.pdf

 

"Rule 75

A - carrier will refuse to transport, or remove from the carrier at any point for any of the following reasons:

 

4) Immigration, administrative, or other requirements.

When the passenger is to travel across any international boundary, if:

a) The travel documents of such passenger is not in order;

b) For any reason, such passenger embarkation from, transit through, or entry into any country from, through, or to which sucj passenger desires transportation would be unlawful.

c) Passenger fails to comply with the requirements of Rule 65 - administrative formalities - passports, visas and tourist cards.

d) Such passenger  fails or refuses to comply with this rules and regulations of the carrier, including check in or boarding time-limits"

 

 

Rule 65:

A - Compliance with Regulations

 

The passenger shall comply with all laws, regulations, orders, demands, or travel requirements of countries to be flown from, into, or over, and with all rules, regulations and instructions of carrier. Carrier shall not be liable for any aid or information give by any agent or employee of carrier to any passenger in connection with obtaining necessary documents or complying with such laws, regulations orders, demands, requirements, or instructions, whether given orally, in writing, or otherwise, or for the consequences to any passenger resulting from his failure to obtain such documents or to comply with such laws, regulations, orders, demands, requirements, or instructions.

 

B - Passports and Visas

1) Each passenger desiring transportation across any international boundary will be responsible for obtaining all neccessary documents and for complying with all government travel regulations.

 

The passenger must present all exit, entry and other documents required by the laws, and unless applicable laws provide otherwise, shall indemnify the carrier for any loss, damage or expense suffered or incurred by such carrier by reason of such passenger's failure to do so. Carrier is not liable to the passenger for loss or expense suffered or incurred by such carrier by reason of such passenger's failure to comply with this provision.

Carrier reserves the right to refuse carriage to any passenger who has not complied with the applicable laws, regulations, orders, demands, or requirements, or whose documents are not complete.

No carrier shall be liable for any aid or information given by any agent or employee of such carrier to any passenger in connection with obtaining such documents or complying with such laws, whether given orally or otherwise. 

In addition, carrier reserves the right to hold, photocopy or otherwise reproduce a travel document presented by any passenger and accepted as a condition of boarding.

 

2) Subject to applicable laws and regulations, the passenger agrees to pay the applicable fare whenever carrier, on government order, is required to return a passenger to his point of origin or elsewhere due to the passenger's inadmissibility into or deportation from a country, whether of transit or of destination.

The fare applicable will be the fare that would have been applicable had the original ticket designated the revised destination on the new ticket. Any difference  between the fare so applicable and the fare paid by the passenger will be collected from or refunded to the passenger as the may be.

Carrier may apply to the payment of such fares any funds paid by the passenger to carrier for unused carriage, or any funds of the passenger in the possession of carrier. The fare collected for carriage to the point of refusal or deportation will not be refunded by the carrier, unless the law of such country requires that such fare be refunded.

 

D) Government Regulation:

 

No liability shall attach to carrier if carrier in good faith determines that what it understands to be applicable law, government regulation, demand, order or requirement, requires that it refuse and it does refuse to carry a passenger.

Edited August 9, 2017 by mindthegap

[broppy 204]

On 2017-08-08 at 6:03 PM, kimbaljl said:

Update:  My husband tried to go back the next night with some more documentation, including what was linked above, to show that his documents were valid.  Air Canada still refused to let him on the plane.  They would not consider the I-797 as a valid document, and therefore, they considered him to have an expired green card.  They said since his green card was "expired" he needed a transit visa to travel through Canada.  He experienced very poor customer service and the manager didn't help any more than the normal agents.  He was forced to buy another ticket that went straight to the US (Orlando).  He went through Latam Airlines and had no problems at all.  

 

I am going to see what I can do as far as contacting someone at Air Canada about getting all their employees trained on what an I-797 is to hopefully avoid this happening to someone else in the future.  If anyone else has other suggestions about how to report this problem, I'm open to any ideas.

As they claimed he needed a visa to transit Canada, it might be an idea to point them to CBSA's Guide for Transporters rather than the US equivalent - it clearly states that "I-797 Notice of Action accompanied by the passenger's expired U.S. PR card" is proof of U.S. permanent residence and that a transit visa is not required.

[kimbaljl 10]

7 hours ago, broppy said:

As they claimed he needed a visa to transit Canada, it might be an idea to point them to CBSA's Guide for Transporters rather than the US equivalent - it clearly states that "I-797 Notice of Action accompanied by the passenger's expired U.S. PR card" is proof of U.S. permanent residence and that a transit visa is not required.

I just finished drafting my letter, and I definitely appreciate the link to the Canadian document since so far I only had proof regarding the I-797 from US documents.  I am including the applicable pages from the CBSA document, the US Customs and Border Protection document, and Air Canada's International Tariff.  I am requesting compensation for the unused Air Canada ticket, the new Latam/United ticket, my husband's missed day at work, travel costs to and from the airport, and compensation for IDB.  I am also requesting that they train or re-train all their employees regarding the I-797.  The only address I could find to write to was their Customer Relations department.  I'm worried it will not be taken seriously there.  Does anyone happen to know a better address for Air Canada?  I will let you know when I hear back from them.

[Going through 5,668]

9 minutes ago, kimbaljl said:

I just finished drafting my letter, and I definitely appreciate the link to the Canadian document since so far I only had proof regarding the I-797 from US documents.  I am including the applicable pages from the CBSA document, the US Customs and Border Protection document, and Air Canada's International Tariff.  I am requesting compensation for the unused Air Canada ticket, the new Latam/United ticket, my husband's missed day at work, travel costs to and from the airport, and compensation for IDB.  I am also requesting that they train or re-train all their employees regarding the I-797.  The only address I could find to write to was their Customer Relations department.  I'm worried it will not be taken seriously there.  Does anyone happen to know a better address for Air Canada?  I will let you know when I hear back from them.

Who did you book the Air Canada flight with?  Them directly or a travel agent?  Was it a refundable or non-refundable ticket you purchased?

Edited August 12, 2017 by Going through

[kimbaljl 10]

Just now, Going through said:

Who did you book the Air Canada flight with?  Them directly or a travel agent?

It was through a company called Vayama.

[Going through 5,668]

3 minutes ago, kimbaljl said:

It was through a company called Vayama.

They are the ones who you would have to go through for a refund, then, they are the ones whom you booked the flight with and paid through.

 

The only way you could get compensation through Air Canada was if they were the ones who sold you the flight at the airport or through their website.

 

Hopefully you purchased a refundable ticket, and not a non-refundable ticket.

Edited August 12, 2017 by Going through