SB-1 Denied, Green Card Expired - Entry Help

[mnoo111 2]

Hi, my wife and I applied for SB-1 (I didn't realise at the time, but I now know I shouldnt have done this) form after having been out of the US as an LPR for over 2 yrs due to covid, but we were both denied in December 2022. We are now looking to travel to the US in the next 1-2 months to visit family and have applied for an ESTA, my wife was approved but I was not.

 

Some questions I have that I would greatly appreciate some advice on:

 

1) why was my wife approved her ESTA but not me? seeing as SB-1 was denied in 12/22, I would have thought that means our LPR is no longer linked to our passports and are therefore eligible for ESTA, as evident in my wife getting it approved. FWIW we applied together and answered 'no' to all security related questions.

 

2) my greencard expired in 07/22 whilst being overseas, is it worth taking the risk to travel to the US on my expired greencard and subsequently go through the process of filing/not filing an I-407 once there even though my SB-1 was denied? Based on this document, expired green card holders can board a flight to the US however I've seen conflicting reports on whether this is applicable to a GC holder who's card expired whilst being outside of the US for over a year.

 

Thanks in advance for your help.

[Dashinka 23,397]

Do you have 10 yr GCs or 2 yr GCs?  If you haven’t signed the I407, not really sure why an ESTA was issued as technically you are still LPRs.  If you have 10 yr GCs, file an I90, and when you get the receipt come to Canada and enter the US at a land border.

[mnoo111 2]

13 minutes ago, Dashinka said:

Do you have 10 yr GCs or 2 yr GCs?  If you haven’t signed the I407, not really sure why an ESTA was issued as technically you are still LPRs.  If you have 10 yr GCs, file an I90, and when you get the receipt come to Canada and enter the US at a land border.

Thanks for your response.

 

We have 10 yr GCs. With regards to I-90, my understanding is that it can take several months to process (up to a year in some cases). Seeing as we need to travel very soon, can I just board the plane with my expired GC and try my luck with CPB? I have not signed I-407 as yet.

[Lemonslice 4,606]

1 hour ago, mnoo111 said:

Thanks for your response.

 

We have 10 yr GCs. With regards to I-90, my understanding is that it can take several months to process (up to a year in some cases). Seeing as we need to travel very soon, can I just board the plane with my expired GC and try my luck with CPB? I have not signed I-407 as yet.

What makes you think the airline will accept your expired document?  Where are you currently?

[mnoo111 2]

9 minutes ago, Lemonslice said:

What makes you think the airline will accept your expired document?  Where are you currently?

I'm just going based off this document: https://www.cbp.gov/sites/default/files/assets/documents/2021-Dec/Reminder- LPR Boarding 20210305.pdf

 

Currently located in Australia.

[powerpuff 6,007]

Right, that’s a CBP document. Airlines will not risk boarding someone with an expired GC due to the fear of being fined. They sometimes don’t even board those LPRs who have an expired 2 year GC and a valid extension letter. 
 

If that’s the plan, then I advise you to book a ticket to Mexico or Canada and walk through the land border POE.

Edited June 20, 2023 by powerpuff

[Dashinka 23,397]

1 hour ago, mnoo111 said:

Thanks for your response.

 

We have 10 yr GCs. With regards to I-90, my understanding is that it can take several months to process (up to a year in some cases). Seeing as we need to travel very soon, can I just board the plane with my expired GC and try my luck with CPB? I have not signed I-407 as yet.

Yes, but with the I90 receipt you can show this to CBP at a land border with Canada to show you have applied to replace your expired GC.  I agree with @Lemonslice, and @powerpuff, airlines will not board you to a flight to the US with an expired GC even with an I90 receipt (see page 10 of the link).  Maybe @Mike E can explain it better, but if you present your expired GC with an I90 application receipt (NOA) at a land border, you have a better chance of getting in.  You have almost no chance of getting on a flight to the US with an expired GC.

 

Good Luck!

 

https://www.cbp.gov/sites/default/files/assets/documents/2019-Mar/2019 Carrier Information Guide - ENGLISH.pdf

[mnoo111 2]

Thanks all for the advice. Will having had the SB-1 application denied have any impact on the I-90 application?

 

Any explanation/thoughts on why my wife got her ESTA approved whilst I was denied?

Edited June 20, 2023 by mnoo111

[Dashinka 23,397]

2 minutes ago, mnoo111 said:

Thanks all for the advice.

 

Any explanation/thoughts on why my wife got her ESTA approved whilst I was denied?

That is interesting as I would think an LPR would not be granted ESTA, but I am not familiar with that process, so maybe just a fluke of the bureaucracy.

[Mike E 11,727]

The I-90 receipt plus expired gc will let OP board a flight to the U.S. on most airlines. 
 

Failure to file I-90 means that OP is subject to an I-193 fee. 

 

 

[Dashinka 23,397]

17 minutes ago, Mike E said:

The I-90 receipt plus expired gc will let OP board a flight to the U.S. on most airlines. 
 

Failure to file I-90 means that OP is subject to an I-193 fee. 

 

 

Ok, I will bite, how does or would the I-193 apply here?  Are you saying since the husband (I think it was the husband) was denied ESTA they can apply to enter the US on an expired GC and no visa, or are you equating an expired GC the same a no visa?   

[Mike E 11,727]

7 minutes ago, Dashinka said:

Ok, I will bite, how does or would the I-193 apply here?

I-193 is filed when an alien arrives at the U.S. without the correct travel document. An LPR is an alien. An LPR’s required travel document is a valid I-551. An expired 10 year gc is a valid boarding document. It is not a valid travel document. 
 

CBP can waive filling of I-193 or the fee for I-193. 

 

7 minutes ago, Dashinka said:

 

  Are you saying since the husband (I think it was the husband) was denied ESTA

The fact OP was denied ESTA is not material.

 

Both OP and the wife need to identify themselves as LPRs at the port of entry. If her gc is also expired, she is also subject to I-193.

7 minutes ago, Dashinka said:

they can apply to enter the US on an expired GC and no visa, or are you equating an expired GC the same a no visa?   

It is CBP that equates it, at times, not me.

 

A CBPO can also reason that due to 2.5 year absence, OP should have presented a boarding foil or SB-1 visa, and use that as a pretext for assessing an I-193 fee.

 

There is no reason to not file I-90 if the gc is expired. It should have been filed January 2022.

[Dashinka 23,397]

3 hours ago, Mike E said:

I-193 is filed when an alien arrives at the U.S. without the correct travel document. An LPR is an alien. An LPR’s required travel document is a valid I-551. An expired 10 year gc is a valid boarding document. It is not a valid travel document. 
 

CBP can waive filling of I-193 or the fee for I-193. 

 

The fact OP was denied ESTA is not material.

 

Both OP and the wife need to identify themselves as LPRs at the port of entry. If her gc is also expired, she is also subject to I-193.

It is CBP that equates it, at times, not me.

 

A CBPO can also reason that due to 2.5 year absence, OP should have presented a boarding foil or SB-1 visa, and use that as a pretext for assessing an I-193 fee.

 

There is no reason to not file I-90 if the gc is expired. It should have been filed January 2022.

Thanks for the explanation as I was not entirely familiar with the I-193.  Of course that all depends on the carrier actually boarding them or at least him with an expired GC.  I suppose the OP can claim they will cover the cost of the I-193, but a carrier may not take that chance.  I would think the land crossing with an I-90 NOA would be a better option.

[Mike E 11,727]

@Dashinka

CBP will not charge the airline for the cost of I-193 because OP has a valid boarding document per CBP’s memos written to the airlines. 

 

OP has an expired gc. The remedy is file I-90. Most airlines will board an LPR who has a gc with I-90 receipt. There hundreds of success stories of LPRs with expired GCs and valid extension letters being boarded: 

 

 

[Boiler 43,788]

The original post is confusing, SB1 suggests they wish to resume permanent residency but everything else suggests visiting.

 

Covid impacted travel for a few months max.