I-751 processing and urgent travel (SPLIT & merged)

[zeusgt 17]

I’ve recently submitted my I-751 application with a divorce waiver. and just seen today that they cashed my money order.
 

Assuming that it means they accepted my application, I was wondering if there would be any issues if I were to travel internationally within the next few weeks.

 

My greencard expires on March 10, and I was planning on spending a week in Brazil in late January, so I would be back in the US early February. 
 

Do I need to wait until I get the extension letter and should I take the extension letter with me, even though the greencard won’t expire until March? 
 

I haven’t traveled internationally since moving here in 2018, and was just wondering how the process was upon arrival back into the United States, and what documents I need to have with me. Thanks im advance!

[Rearviewmirror 380]

10 minutes ago, zeusteixeira said:

I’ve recently submitted my I-751 application with a divorce waiver. and just seen today that they cashed my money order.
 

Assuming that it means they accepted my application, I was wondering if there would be any issues if I were to travel internationally within the next few weeks.

 

My greencard expires on March 10, and I was planning on spending a week in Brazil in late January, so I would be back in the US early February. 
 

Do I need to wait until I get the extension letter and should I take the extension letter with me, even though the greencard won’t expire until March? 
 

I haven’t traveled internationally since moving here in 2018, and was just wondering how the process was upon arrival back into the United States, and what documents I need to have with me. Thanks im advance!

It's up to you on what level of risk you're comfortable with. You still have an unexpired GC until March 10, and so travel delays are the only issue that would be of concern. However, if you wait until you have the letter, there is no risk at all as you'll have a letter granting you status for a further 24 months. I would likely wait.

[Dashinka 23,446]

I think you should be fine as I doubt you would see a month's travel delay.  That being said, hopefully you will get your NOA extending your LPR proof of status, or at the very least (not a preferred strategy) have someone collecting your mail and have the ability to express the letter to you if in fact you run into an issue.

[Mike E 11,730]

1 hour ago, zeusteixeira said:

I’ve recently submitted my I-751 application with a divorce waiver. and just seen today that they cashed my money order.

When did you file?

[zeusgt 17]

5 minutes ago, Mike E said:

When did you file?

I sent my application on December 27th, they got it on December 28th, and they just cashed my money order today, January 6th.

[zeusgt 17]

1 hour ago, Dashinka said:

I think you should be fine as I doubt you would see a month's travel delay.  That being said, hopefully you will get your NOA extending your LPR proof of status, or at the very least (not a preferred strategy) have someone collecting your mail and have the ability to express the letter to you if in fact you run into an issue.

Thank you for your reply. This will be my first time traveling back home since getting the greencard, so I’ve been pretty worried about it. Hopefully my NOA gets here before the 28th, which is when I’m flying to Brazil. If not and it comes to it, I do have someone who could express the letter to me. 

[zeusgt 17]

1 hour ago, Rearviewmirror said:

It's up to you on what level of risk you're comfortable with. You still have an unexpired GC until March 10, and so travel delays are the only issue that would be of concern. However, if you wait until you have the letter, there is no risk at all as you'll have a letter granting you status for a further 24 months. I would likely wait.

Thank you for your reply. Ideally I would like to have the letter in hand before I go. Hopefully I get it before the 28th which is when I leave for Brazil. Better safe than sorry.

[Mike E 11,730]

29 minutes ago, zeusteixeira said:

I sent my application on December 27th, they got it on December 28th, and they just cashed my money order today, January 6th.

I think you will get your extension letter before your leave the USA, assuming “late January” means the last 7 days of January. I expect it next week.  
 

If you leave without a letter, pay attention to the fluid rules on Covid.  If a Covid test requirement is added for return to the USA, these requirements are usually not applied immediately. So if a requirement is announced, come home immediately.

 

So far “biometrics” haven’t been mentioned.  If biometrics are scheduled while you are gone, you can reschedule. So ensure you have a way to call USCIS from abroad. 

[zeusgt 17]

3 minutes ago, Mike E said:

I think you will get your extension letter before your leave the USA, assuming “late January” means the last 7 days of January. I expect it next week.  
 

If you leave without a letter, pay attention to the fluid rules on Covid.  If a Covid test requirement is added for return to the USA, these requirements are usually not applied immediately. So if a requirement is announced, come home immediately.

 

So far “biometrics” haven’t been mentioned.  If biometrics are scheduled while you are gone, you can reschedule. So ensure you have a way to call USCIS from abroad. 

Thank you again. Yes, my flight to Brazil is on January 28th, so hopefully I have my extension letter in hand by then. 
 

I hadn’t considered the covid rules, glad you mentioned it, I will keep an eye on it.

 

My return flight to the US will be on February 04, so I should be gone for only 7 days. Hopefully they don’t send anything biometrics related until I make it back here. 

[Dashinka 23,446]

1 hour ago, zeusteixeira said:

Thank you again. Yes, my flight to Brazil is on January 28th, so hopefully I have my extension letter in hand by then. 
 

I hadn’t considered the covid rules, glad you mentioned it, I will keep an eye on it.

 

My return flight to the US will be on February 04, so I should be gone for only 7 days. Hopefully they don’t send anything biometrics related until I make it back here. 

You should be fine with your GC expiring in March.

 

Enjoy your trip.

[zeusgt 17]

On 4/16/2021 at 7:07 AM, mindthegap said:

Yeah it is useless, so you need an I-551 stamp. Make an infopass for this.

It will be annotated ‘TC-1’ showing any CBP/USCIS official that you are a spouse with a denied/re-opened case. 

 

This is the correct thing to do. 
Despite what the denial letter says, you remain a LPR until an immigration judge says otherwise with a final order of removal.
So yes the stamp is sufficient. However, you will have to have a visit to secondary, while they verify your status - this will take a few minutes. You will be stamped in as a LPR/ARC as normal, not paroled in.

 

 

Nope.

I would also recommend periodically checking the automated line to see if any court proceedings have been scheduled or completed in abstentia (mail went missing for example).

You can do that here:

https://portal.eoir.justice.gov/InfoSystem/Form?Language=EN

 

and here :

1-800-898-7180

 

 

Possible. However, as above you remain a LPR until an immigration judge says so and a LPR - even one with a denial notice - is entitled to a hearing with an immigration judge. Period. 

If you revived a NOID (notice of intention to deny) this sets out the reasons they are thinking of denying you and gives you an opportunity to respond in a set time.

If you get no NOID, but a straight denial, it gets a 45 day ‘hold’ before being sent on to the NRC or NTA (which may not happen for years, as you have noticed) so nothing would happen in that time. 
It is also held for 33 days for you to file an I-290B motion to re-open/ motion to reconsider, so nothing would happen within that time. 
Again, despite the denial letter saying so, you have the right as a LPR to a hearing with an immigration judge and remain a LPR until such time, so you would be admitted. 
 

I just experienced this very thing myself with my second I-751. Multiple breaches of policy, and denied without RFE, NOID, or interview, amongst other f*** ups. 
But, the Trump thing (Search for PM-602-0163 if you want to read it) was only supposed to apply to filings after sept 11 2018, which according to your dates, yours wasn’t (and neither was mine).

I cited this very thing (amongst others) on my complaint & service motion request about my denial, as mine was filed well before this date  - a perfect example of someone not doing their damn job at USCIS again. 
Eithet way, you have legal options should it happen to you again so don’t stress about until it happens.
 

 

You seem to have done your homework, which is a good thing, and you are partially in a similar position to me, so please keep us updated. I’ve got loads of this stuff on this subject given the hell I’m going through with this so happy to help. 

 

Hijacking this post because I have a question for the guru of I-751's himself. Did not feel the need to make a new post just for this. I have recently submitted my I-751 with a divorce waiver, and just got my extension letter in the mail last week. Due to a family emergency, I have to leave the country and go see my family in Brazil for a week. I'm leaving on January 28th, and will return on February 4th. I was wondering if, due to the fact that my greencard was issued to me by marriage, but now I am divorced and have a pending removal of conditions with a divorce waiver. Could this lead to problems with CBP upon returning to the country? I have never travelled internationally since obtaining my greencard, and have been really stressed about this upcoming trip due to the fact of me divorcing. Worth mentioning that my greencard will be valid when I return on Feb 4th. In fact it wont't expire until March 10th, but I am still planning on taking the extension letter with me to Brazil just in case. Thank you!

[OldUser 5,208]

7 minutes ago, zeusteixeira said:

Hijacking this post because I have a question for the guru of I-751's himself. Did not feel the need to make a new post just for this. I have recently submitted my I-751 with a divorce waiver, and just got my extension letter in the mail last week. Due to a family emergency, I have to leave the country and go see my family in Brazil for a week. I'm leaving on January 28th, and will return on February 4th. I was wondering if, due to the fact that my greencard was issued to me by marriage, but now I am divorced and have a pending removal of conditions with a divorce waiver. Could this lead to problems with CBP upon returning to the country? I have never travelled internationally since obtaining my greencard, and have been really stressed about this upcoming trip due to the fact of me divorcing. Worth mentioning that my greencard will be valid when I return on Feb 4th. In fact it wont't expire until March 10th, but I am still planning on taking the extension letter with me to Brazil just in case. Thank you!

You should have started your own thread instead of hijacking existing thread.

As long as you have a GC and valid extension letter, you will be OK to travel overseas. It shouldn't be different to travelling on extension letter if you were to file I-751 jointly.

 

[Unlockable 7,309]

*** Hijacked posts split from another thread.

 

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[Ontarkie 13,995]

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