Expired GC, late filing and travel with extension letter

[Albinjr26 12]

So for reasons in life I don't need to explain right now I filed I-751 5 years late (don't  judge, seen a case here that filed 10 yrs late and got approved) my case was accepted, finger prints were used again and I received a 24 month extension letter, still waiting for the 48 month one. In this time I had to come back to my country for a medical reason, now my question is how likely am I to go back and be admitted with this expired card and extension letter? @mindthegap would really appreciate your opinion and to the rest please don't judge, you don't know everything I have been through, I'm just looking for an opinion/advice.

[Mike E 11,740]

5 hours ago, Albinjr26 said:

In this time I had to come back to my country for a medical reason, now my question is how likely am I to go back and be admitted with this expired card and extension letter?

Less than a one percent chance any airline will board you onto a flight to the U.S.  

 

CBP regulations prohibit airlines from boarding LPRs whose 2 year green cards and extension letters have expired.

 

You should have got an I-551 stamp on your passport before leaving.

 

Once you arrive at a U.S. port of entry on U.S. soil, legally CBP must admit you into the U.S.  

 

So now your options are:

 

* get to a U.S. port of entry. So you need a visa to travel to Mexico or Canada, and from there walk into the U.S.  

 

* File I-131a to get a boarding foil from the U.S. embassy. The embassy might take a dim view of your late I-751 filing and determine you are not eligible.
 

* Use this process to have an I-551 mailed to your U.S. address ( https://www.uscis.gov/newsroom/alerts/uscis-announces-additional-mail-delivery-process-for-receiving-adit-stamp ). However if USCIS wants you to have biometrics, this will not work.

 

I have never heard of a conditional LPR in your situation getting back to the U.S.  Hopefully you can be the exception.

 

How long have you been outside the U.S.?

Edited June 15, 2023 by Mike E

[Albinjr26 12]

On 6/15/2023 at 8:19 AM, Mike E said:

Less than a one percent chance any airline will board you onto a flight to the U.S.  

 

CBP regulations prohibit airlines from boarding LPRs whose 2 year green cards and extension letters have expired.

 

You should have got an I-551 stamp on your passport before leaving.

 

Once you arrive at a U.S. port of entry on U.S. soil, legally CBP must admit you into the U.S.  

 

So now your options are:

 

* get to a U.S. port of entry. So you need a visa to travel to Mexico or Canada, and from there walk into the U.S.  

 

* File I-131a to get a boarding foil from the U.S. embassy. The embassy might take a dim view of your late I-751 filing and determine you are not eligible.
 

* Use this process to have an I-551 mailed to your U.S. address ( https://www.uscis.gov/newsroom/alerts/uscis-announces-additional-mail-delivery-process-for-receiving-adit-stamp ). However if USCIS wants you to have biometrics, this will not work.

 

I have never heard of a conditional LPR in your situation getting back to the U.S.  Hopefully you can be the exception.

 

How long have you been outside the U.S.?

Thanks for your suggestions, I've been out for a month

[Mike E 11,740]

1 hour ago, Albinjr26 said:

Thanks for your suggestions, I've been out for a month

That helps.

 

I would apply for the visa to Mexico, I-131a, and ADIT at the same time, and see which one wins the race

[mindthegap 2,590]

On 6/15/2023 at 2:37 AM, Albinjr26 said:

 now my question is how likely am I to go back and be admitted with this expired card and extension letter?

Slim to none, unless an agent makes a mistake or bends the rules. Big fines for airlines for boarding people to the US without the correct documentation. You could try it and have them speak to the RCLG to approve you, but thats not guaranteed and would require some rule breaking (not bending).

 

Your options:

Enter at a land border - Canada would be better, but Mexico will work. CBP will be most unhappy with you for doing this, but it will work. This is your best option IMHO. 

Embassy for an I-131a (circa $600, a wait of possibly weeks/months, and could be awkward)

A facility with pre-clearance *might* work