Traveling with GC Extension, expired passport (with I-551 stamp) and a passport from another country.

[DamianB 11]

Hi everyone, 

 

First of all, Happy Friday! Since my situation involves GC extension (removing CR1 condition), I thought this will be a good place to post it. 

 

We are planning vacations in Mexico later this year but in the meantime: 1) My Polish passport (where I have my CR1 stamp) will expire, 2) My 2 year Conditional Green Card will expire and I will apply to remove the condition. 

 

My understanding is that upon applying to remove the condition, a receipt is sent which serves as a 1 year (or similar) extension of the green card. 

 

Question: Since I have a dual citizenship (Polish and Irish), will I be able to travel on my Irish passport (since the Polish one will be expired) and return back to the US with the Irish passport and GC + extension? In short, does it matter which passport has the initial I-551 stamp and if I can travel on another passport + GC (+ extension).

 

Perhaps some has had a similar experience - I will appreciate any information

 

 

 

[Crazy Cat 39,135]

Your extension letter (which you will receive after filing the I-751) will extend the expiration date on your conditional green card for two years.

Edited June 24, 2022 by Crazy Cat

[Mike E 11,722]

15 minutes ago, DamianB said:

Question: Since I have a dual citizenship (Polish and Irish), will I be able to travel on my Irish passport (since the Polish one will be expired) and return back to the US with the Irish passport and GC + extension? In short, does it matter which passport has the initial I-551 stamp and if I can travel on another passport + GC (+ extension).

 

What country is listed in your green card?

[DamianB 11]

3 minutes ago, Mike E said:

What country is listed in your green card?

Poland (Country of birth). Irish passport also states country of birth (in case that would help?).

[Lil bear 3,830]

1 minute ago, DamianB said:

Poland (Country of birth). Irish passport also states country of birth (in case that would help?).

Carry both 

[Mike E 11,722]

15 minutes ago, DamianB said:

Poland (Country of birth). Irish passport also states country of birth (in case that would help?).

Some CBP officers are unhappy when the only valid passport you have does not match the country noted on the green card.  Legally these officers have no basis to deny you entry or fine you, but they will grumble / threaten you. 
 

Generally the remedy is to just present a valid I-551 and not present a passport.  IME when I had a 10 year gc, 75 percent of the time the CBP officer didn’t ask for my passport (because the sole entry document for LPRs is a valid I-551). However, my experience traveling with my wife by commercial air is that the CBP officer has always asked to see her passport when we’ve presented her gc + extension letter. 
 

So in summary, you can use your Irish passport, but expect grumbling,  barking, and/or screaming at the border check point.  Enough of these incidents might prod you to renew your Polish passport.  

[DamianB 11]

31 minutes ago, Mike E said:

Some CBP officers are unhappy when the only valid passport you have does not match the country noted on the green card.  Legally these officers have no basis to deny you entry or fine you, but they will grumble / threaten you. 
 

Generally the remedy is to just present a valid I-551 and not present a passport.  IME when I had a 10 year gc, 75 percent of the time the CBP officer didn’t ask for my passport (because the sole entry document for LPRs is a valid I-551). However, my experience traveling with my wife by commercial air is that the CBP officer has always asked to see her passport when we’ve presented her gc + extension letter. 
 

So in summary, you can use your Irish passport, but expect grumbling,  barking, and/or screaming at the border check point.  Enough of these incidents might prod you to renew your Polish passport.  

Thanks Mike! This is very helpful. As long as there's no legal basis to deny entry, I don't mind their grumble  

 

Renewing my Polish passport defo on my radar - some serious logistics involved to get it done in the US. 

[DamianB 11]

In case this is useful for anyone else. I've done more research and LPRs don't need a passport to enter the US (absence for less than 1 year): https://www.govinfo.gov/content/pkg/CFR-2011-title8-vol1/pdf/CFR-2011-title8-vol1-part211.pdf
GC + Extension is specifically mentioned in CFR 211.1(a)(5)

 

Quote

(5) An expired Form I–551, Permanent Resident Card, accompanied by a filing receipt issued within the previous 6 months for either a Form I–751, Petition to Remove the Conditions on Residence, or Form I–829, Petition by Entrepreneur to Remove Conditions, if seeking admission or readmission after a temporary absence of less than 1 year;

 

[Mike E 11,722]

55 minutes ago, DamianB said:

In case this is useful for anyone else. I've done more research and LPRs don't need a passport to enter the US (absence for less than 1 year): https://www.govinfo.gov/content/pkg/CFR-2011-title8-vol1/pdf/CFR-2011-title8-vol1-part211.pdf
GC + Extension is specifically mentioned in CFR 211.1(a)(5)

 

 

Yes that’s what I told you.  Best of luck insisting that CBP comply with that regulation all the time.  Especially at preclearance stations.