Traveling while waiting for I-751 approval

[mpepper 0]

My daughter in law received her two year green card, we filed the I-75 form which was received and waiting for processing. She decided to go to visit her family as she had not seen them in over two years. I thought that she could travel back using her passport, but wondering if I am wrong. How do we deal with the expired two year green card, waiting for the 10 year one? It makes no sense that the two year one expires, and they will not let us file earlier than 90 days before it expires, but it take sometimes 18 months or longer to get approved for the 10 year one. I am afraid that when she tries to re-enter the US now she will be denied. I know I should have thought about this BEFORE she left to visit her family. 

[NikLR 13,220]

To return to the USA she will need her passport, green card, and NOA1 which extends her green card for 1 year (or 18 months...)  She will be denied entry without the green card and NOA1 extension letter. 

[Crazy Cat 39,218]

29 minutes ago, mpepper said:

It makes no sense that the two year one expires, and they will not let us file earlier than 90 days before it expires, but it take sometimes 18 months or longer to get approved for the 10 year one.

It makes perfect sense.   That's why they extend the expired Green Card by 18 months......she should have taken the extension letter with her, or made a trip to a USCIS office to get a stamp.

 

Did she receive the extension letter?  If so, can you sent it to her?

[usmsbow 795]

1 hour ago, mpepper said:

My daughter in law received her two year green card, we filed the I-75 form which was received and waiting for processing. She decided to go to visit her family as she had not seen them in over two years. I thought that she could travel back using her passport, but wondering if I am wrong. How do we deal with the expired two year green card, waiting for the 10 year one? It makes no sense that the two year one expires, and they will not let us file earlier than 90 days before it expires, but it take sometimes 18 months or longer to get approved for the 10 year one. I am afraid that when she tries to re-enter the US now she will be denied. I know I should have thought about this BEFORE she left to visit her family. 

 

USCIS should have issued her an extension letter via the NOA1. That's what she needs to re-enter the USA. If the letter arrived after she left the USA and/or she didn't bring it along with her, you should mail it to her. 

[jay0101 0]

If you already applied for it. USCIS will mail you NOA paper saying greencard extended 18 months, while waiting for actual green card. Once you get it. mail it to her ASAP

She will need it with expired green card or else won't let her enter

[mindthegap 2,521]

She will need the original extension letter - not a copy - as it is watermarked.

[Dashinka 23,238]

20 hours ago, NikLR said:

To return to the USA she will need her passport, green card, and NOA1 which extends her green card for 1 year (or 18 months...)  She will be denied entry without the green card and NOA1 extension letter. 

Actually, most airlines will not even let someone board a US bound flight without the proper documentation, so she could be in trouble far before getting to CBP.

[Ksenia_O 695]

47 minutes ago, Bill & Katya said:

Actually, most airlines will not even let someone board a US bound flight without the proper documentation, so she could be in trouble far before getting to CBP.

You are right -  it's more about getting boarded, not about entering the US. 

 

I believe once you managed THAT part, and somehow was able to get out of another country -  even with an expired green card you would be let in to the US. After scrutiny, a secondary and etc - but as long as a LPR status is not terminated, an individual should be let in. Eventually.

[Ksenia_O 695]

OP, was your daughter in law on a parent's I-751, in Part.5 as a dependent OR she had her own ROC application?

 

If she was included in her parent's I-751 - then not always a child gets an Extension Letter, so called Verification of Inclusion of a Dependent in Filing of Form i-751. 

Even if a child gets one, it usually doesn't look so "official' as a parent's NOA1 - no watermarks and etc...

 

So, before leaving the US it's really a good idea to get a I-551 stamp in a child's passport. 

 

 

 

[mpepper 0]

Thanks for the info, I guess my son will have to go to get the original extension letter, thankfully we don't live too far away to go in and get it. She is supposed to be gone for four months, so this should give us time to get her that letter. Again thank you all for the advice.