I-797 is expiring and no stamp but French passport/ESTA to re-enter

[Fleurdesiles 2]

Hi, I spoke with USCIS several times this past week and with conflicted messages although the last one seemed to be a bit better and clear. 

I have an expired green card and a I-797 that is expiring in 3 months. 

I am travelling this week overseas for 4 months 

I requested the USCIS to give me the I-551 stamp on my French passport that will allow me to re-enter the States in 4 months but they said that they can only give the I-551 stamp 30 months prior to the expiration date of the I-797. 

🤔

However, the last officer said that I can ask for a travel note from the US consular in the country (Indonesia) where I will be joining my husband who is posted there. 

 

Now I cannot find any information about that "travel note". I emailed the US consular in Jakarta 3 days ago who has not responded yet. 

 

One thing though: I know as a French citizen, I can enter the US through ESTA for 90 days. 

 

Any advice from someone who experienced a similar situation or an expert? 

 

Thanks 

Fleurdesiles.

Edited May 23, 2022 by Fleurdesiles

[mushroomspore 3,044]

13 minutes ago, Fleurdesiles said:

Hi, I spoke with USCIS several times this past week and with conflicted messages although the last one seemed to be a bit better and clear. 

I have an expired green card and a I-797 that is expiring in 3 months. 

I am travelling this week overseas for 4 months 

I requested the USCIS to give me the I-551 stamp on my French passport that will allow me to re-enter the States in 4 months but they said that they can only give the I-551 stamp 30 months prior to the expiration date of the I-797. 

🤔

However, the last officer said that I can ask for a travel note from the US consular in the country (Indonesia) where I will be joining my husband who is posted there. 

 

Now I cannot find any information about that "travel note". I emailed the US consular in Jakarta 3 days ago who has not responded yet. 

 

One thing though: I know as a French citizen, I can enter the US through ESTA for 90 days. 

 

Any advice from someone who experienced a similar situation or an expert? 

 

Thanks 

Fleurdesiles.

How did you get that info about the stamp being issued 30 months prior to the I-979 expiration? Was that via the phone hotline? Also you can't enter on ESTA as an LPR...ESTA is for tourism/short visit purposes only...it's not the same as being admitted with your green card. 

[Boiler 45,663]

If you want to use the VWP again you would need to first file a I 407 abandoning your Green Card

[mindthegap 2,590]

Don’t do this.

You cannot use an ESTA so forget that plan immediately. 
 

If you leave without a stamp, at best (unless you are really lucky and encounter a check in agent who doesn’t check the dates on your extension letter) you will have an expensive trip (in the region of $600) to the US embassy to obtain an I-131A- which is boarding foil to be able to return to the US for people who have lost their permanent resident card or similar. This is the ‘travel document’ referred to by that clown…it’s a pain to get, not instant as it takes at least a couple of weeks of lots of checks, and I bet they didnt tell you about the cost. 
For the avoidance of doubt before you ask, an i-551 stamp cannot be issued by an embassy or consulate overseas. 
 

Call back, state the travel is imminent (so you get a quicker callback same or next day, and an appointment the next day,  otherwise you will be waiting 30 days for a callback), and you need a stamp that you are LEGALLY entitled to have as continued proof of status. 

There is no hard and fast 30 day rule for the issuance of a stamp, it’s a loose policy but not a hard and fast rule per se. In your case that’s obviously not applicable since you will be out of the country at that time and you require the stamp to return so it perfectly normal to obtain one so long before expiry of your letter. 
I’ve done exactly this several times, in among the 12(?) stamps I’ve now had. It shouldn’t be an issue. 
Don’t leave until you get that stamp. 
 

Edited May 23, 2022 by mindthegap

[Fleurdesiles 2]

23 minutes ago, mindthegap said:

 

 

Don’t do this.

You cannot use an ESTA so forget that plan immediately. 
 

If you leave without a stamp, at best (unless you are really lucky and encounter a check in agent who doesn’t check the dates on your extension letter) you will have an expensive trip (in the region of $600) to the US embassy to obtain an I-131A- which is boarding foil to be able to return to the US for people who have lost their permanent resident card or similar. This is the ‘travel document’ referred to by that clown…it’s a pain to get, not instant as it takes at least a couple of weeks of lots of checks, and I bet they didnt tell you about the cost. 
For the avoidance of doubt before you ask, an i-551 stamp cannot be issued by an embassy or consulate overseas. 
 

Call back, state the travel is imminent (so you get a quicker callback same or next day, and an appointment the next day,  otherwise you will be waiting 30 days for a callback), and you need a stamp that you are LEGALLY entitled to have as continued proof of status. 

There is no hard and fast 30 day rule for the issuance of a stamp, it’s a loose policy but not a hard and fast rule per se. In your case that’s obviously not applicable since you will be out of the country at that time and you require the stamp to return so it perfectly normal to obtain one so long before expiry of your letter. 
I’ve done exactly this several times, in among the 12(?) stamps I’ve now had. It shouldn’t be an issue. 
Don’t leave until you get that stamp. 

 

------

Thanks! these answers are really helpful. With all the calls I had with USCIS, these officers on the phone are clueless sometimes. I know about the travel document as I used to have it while leaving as expat overseas with my Green card. She was saying "travel note". If she had said "travel document" I would have known right away. 

But back to the USCIS, they really do not want to provide the I-551 stamp (and I spoke with them 5 times) unless it's 30 days prior to the expiration date on my I-797 letter. It's their rule. 

I am very interested to know how you got your I-551 stamp - My other option is to come back before the expiration date of my I-797. 

 

Quote

Thanks

 

 

Edited May 23, 2022 by Fleurdesiles

[Fleurdesiles 2]

Thanks! these answers are really helpful. With all the calls I had with USCIS, these officers on the phone are clueless sometimes. I know about the travel document as I used to have it while leaving as expat overseas with my Green card. She was saying "travel note". If she had said "travel document" I would have known right away. 

But back to the USCIS, they really do not want to provide the I-551 stamp (and I spoke with them 5 times) unless it's 30 days prior to the expiration date on my I-797 letter. It's their rule. 

I am very interested to know how you got your I-551 stamp - My other option is to come back before the expiration date of my I-797. Thanks

[Family 4,025]

1 hour ago, Fleurdesiles said:

However, the last officer said that I can ask for a travel note from the US consular in the country (Indonesia) where I will be joining my husband who is posted there. 

Is your US Citizen spouse who is “ posted “ in Indonesia either military or working on contract with DOS? Asking to see if you would qualify for “ expeditious naturalization “ and could do it while you are abroad…

[mindthegap 2,590]

7 minutes ago, Fleurdesiles said:

I am very interested to know how you got your I-551 stamp - My other option is to come back before the expiration date of my I-797. Thanks

I said I would be out of the US over the period that the current stamp expired. As simple as that. I've had to do that if i remember correctly on three occasions. 

Even the thickest USCIS agent can't really argue with the fact that a) you can't re-enter with an expired stamp or letter, and b) you won't physically be present in the US at that 30 day period, and c) you can't obtain the stamp overseas.... therefore it's pretty easy for them to do, even without having to remove their socks to count past ten. 

 

In fact, i've just got a new passport and my current unexpired (6 months left) stamp is still in my old one so I have to do this myself...thanks for the reminder. 

 

Also, you say your spouse is 'posted'. Are they on military or offical govt. orders? If so, look into expedited citizenship as you may qualify. 

Edited May 23, 2022 by mindthegap

[Family 4,025]

7 minutes ago, Fleurdesiles said:

But back to the USCIS, they really do not want to provide the I-551 stamp (and I spoke with them 5 times) unless it's 30 days prior to the expiration date on my I-797 letter. It's their rule. 

I am very interested to know how you got your I-551 stamp - My other option is to come back before the expiration date of my I-797. Thanks

If you have only spoken on the phone w USCIS, I would also insist and get InfoPass ( tell interactive online syst something like “ lost card” to get live agent and schedule)…go in person, meet a human and many times discretion allows them to make exceptions to the rules.

[mindthegap 2,590]

1 hour ago, Family said:

If you have only spoken on the phone w USCIS, I would also insist and get InfoPass ( tell interactive online syst something like “ lost card” to get live agent and schedule)…go in person, meet a human and many times discretion allows them to make exceptions to the rules.

Yes, this. If you haven't specifically been saying 'infopass' on the voice recognition, then you have been doing it wrong and possibly speaking to the wrong people. 

When you get through to a human, make sure you specify the urgency and the imminent travel, or they won't mark it as such and you won't get a call back from a tier 2 in time for your travel. 

Edited May 23, 2022 by mindthegap

[Fleurdesiles 2]

1 hour ago, Family said:

If you have only spoken on the phone w USCIS, I would also insist and get InfoPass ( tell interactive online syst something like “ lost card” to get live agent and schedule)…go in person, meet a human and many times discretion allows them to make exceptions to the rules.

I did mention infopass- But they stick to their "30 days prior to the expiration day of my I-797" and how urgent is my inquiry. Even if I mention "urgent travel" or "need to renew my work contract".

Even if I have a letter from my employer requesting a one year proof of work permit". So Yes, I'll go there in person in the morning with my returning ticket. 

My husband is a European diplomat with a G4 visa. The thing with the USCIS officers is that one is saying one thing and the other one another thing...Very confusing. Better to go there in person

Edited May 24, 2022 by Fleurdesiles

[Family 4,025]

You indicated expired LPR card and extension, so am assuming I-751  ( removal of conditions extension ). What is the I-797 for ? Family or EB-5 conditions ?

[Fleurdesiles 2]

I-797 is the notice of action or an extension of my Green card that is valid for 12 months and allows me to travel and work. 

[Family 4,025]

17 minutes ago, Fleurdesiles said:

Even if I have a letter from my employer requesting a one year proof of work permit". So Yes, I'll go there in person in the morning with my returning ticket. 

You cannot go “there” to USCIS Field Office in person WITHOUT an InfoPass. So you will need the patience to GET AN INFOPASS , keep trying .

Also Google your Congressman , download their authorization form or file online request for help. Present the urgency and they will try w Congressional Liason . 
 

[Timona 4,207]

6 hours ago, Fleurdesiles said:

Thanks! these answers are really helpful. With all the calls I had with USCIS, these officers on the phone are clueless sometimes. I know about the travel document as I used to have it while leaving as expat overseas with my Green card. She was saying "travel note". If she had said "travel document" I would have known right away. 

But back to the USCIS, they really do not want to provide the I-551 stamp (and I spoke with them 5 times) unless it's 30 days prior to the expiration date on my I-797 letter. It's their rule. 

I am very interested to know how you got your I-551 stamp - My other option is to come back before the expiration date of my I-797. Thanks

 

You're talking to Tier 1. They are just basic call recipients and reverberate sane info as that that you can easily find online yourself. 

Listen to @mindthegap

 

Edited May 24, 2022 by Timona