Forgot renewal of two year green card

[Pinksss 0]

Hi everyone plz help what to do next

My two year conditional green card expired on jan 30 2019. We were completely unaware of it.. I came to pakistan on Feb 21 2019 for 3 weeks only and have a return flight on March 14 2019. It is here when I saw my green card it was already expired. Now how do I travel back to USA? My husband is there and I am here with my 15 month old baby and also I am six month pregnant too. We didn't apply for I-751 form yet for the removal of conditions.. as my husband says once I get back to US we need to fill up that form together .. plz help me what options do I have to get back to my husband in US. The US embassy appointment is a big hassle here and can't be given in such a short time.. 

[Loren Y 2,732]

You really only have one choice, and that is to get into the US embassy and get what they call a travel foil. It could be something different, but they usually call it a foil to allow you to travel back to the US. They usually aren't too friendly about it, and will be like how could you not know your green card was expired, etc. Etc. And it will cost around 200 dollars at the max I believe. For emergency passport services you don't need a appointment, you should be able to walk in. It may be a little difficult without a US passport, but I think your green card will get you in. Maybe there is another way, but options are limited. Even for a US citizen. Maybe someone else has a better plan or more experience and can give you more details as I have never done it, but a friend I was traveling with had to do it when he lost his passport.

[Villanelle 4,121]

I do not believe they will give her a travel foil because she did not apply for ROC. 

[cdneh 3,112]

2 minutes ago, username_taken said:

I do not believe they will give her a travel foil because she did not apply for ROC. 

Looks like having not done that, her green card been abandoned.

[GBOS 198]

Strictly by law, yes, not filing I-751 will result in the permanent resident status being terminated as of the expiration date.

 

A conditional resident card cannot be renewed.  The conditions must be removed by filing I-751 within 90 days prior to the expiration date.  That is the language of the law.

 

The best thing is to contact the lawyer.  Late filings are accepted all the time, but the tricky thing is that you have left the United States.

Edited March 2, 2019 by GBOS

[Villanelle 4,121]

Eh, technically according to USCIS if you fail to file ROC on time (or at all) you are voluntarily abandoning your GC. However it is not instant. At some point USCIS will close her file as abandoned but again, its not instantly. Many people file for ROC late with explanation and it is accepted and ultimately approved. 

 

The Embassy is not going to be able to give her a boarding foil because right now she has no proof of status, her card is expired. She needs to send in her ROC packet and get a NOA to extend her status. NOA can take 30 days or more to get, some people are even waiting longer for them right now. I suppose once the NOA is generated then she can go get a boarding foil but that seems silly because once its generated in the system it typically only takes a few days to arrive in the mail so he could just mail her the NOA and she would use that + the expired card to re-enter rather then paying for a boarding foil. 

 

 

[mindthegap 2,521]

File an I-751 immediately, as if you were in the US (as in, do not put an overseas address on it. You can mail it from overseas without issue).

As it is a late filing you MUST put a letter requesting a late filing waiver, with a valid and reasonable reason for it to be accepted.

Once it is accepted and the receipt is issued, get your husband to fedex it to you wherever you are, and use it to re-enter in conjunction with your expired card. You MUST have the original, as it is watermarked, and it MUST be used with the expired 2yr card for it to be valid.

The problem with this is that there are currently delays issuing the receipts and extension letter, so get it in ASAP. But you have few other options at this point. As Damara correctly asserts, a boarding foil is not appropriate in this situation.

 

Failing that, fly to Toronto and enter at a land border. However, that is also not without significant issues and delays for you.

Edited March 2, 2019 by mindthegap