Greencard expired

[LuckyJones 0]

Due to a family medical issue, I am preparing to leave the US rather rapidly. As I was packing I made sure I had my greencard for reentry. It was then I found that it had expired in 2021. I leave tomorrow but I am hoping to be able to return to the US in about a month's time.

I quickly applied for an N400 citizenship but the wait is 9 months. What else should I be doing to make sure I can get back into the country? I also saw that my driver's licence was expiring while I was out of the country. I spoke to the DMV and they are also not able to renew my drivers licence until my greencard issue is resolved. Even though applying for the N400 extends the green card for 2 years, it doesn't help as my greencard is more than 2 years expired, is there anything else I need to file?

 

[Timona 3,959]

What's that validity og your green card? 10 or 2 years?

[OldUser 4,978]

I'm sorry about your family situation @LuckyJones

 

You may need to change your travel plans for the return flight.

 

You will likely be denied boarding the plane on your way back to the US.

 

You may need to fly to Mexico or Canada and cross by land.

 

There's nothing you can do now other than postponing your trip, filing I-90 and waiting for extension. Or visiting field office to get ADIT stamp before you depart.

 

All of this assuming you had a 10 year GC and didn't need to file I-751. If you have expired 2 year GC, you're in much bigger trouble.

Edited September 15, 2023 by OldUser

[K1visaHopeful 2,679]

Please fill out your VJ timeline as reciprocated to membership on VJ. Your explanation is not detailed. 

We have no info of your current status as your timeline is blank and guessing what yours is would be a disservice to others perusing your thread for info in future and those of us that help now's, time.

[LuckyJones 0]

1 hour ago, Timona said:

What's that validity og your green card? 10 or 2 years?

I had a 10 year greencard

[jackiegringa 357]

1 hour ago, OldUser said:

You will likely be denied boarding the plane on your way back to the US.

Agreed, but don't we see cases of people getting in after a while outside of the US and an expired GC?

[OldUser 4,978]

3 minutes ago, jackiegringa said:

Agreed, but don't we see cases of people getting in after a while outside of the US and an expired GC?

Do we see? I see a lot of cases of people getting back after long absense, but while their 10 year GC is still valid. Airline won't be happy to board a passenger with expired GC and no extension letter.

Edited September 15, 2023 by OldUser

[jackiegringa 357]

1 minute ago, OldUser said:

Do we see? I see a lot of cases of people getting back after long absense, but while their 10 year GC is still valid. Airline won't be happy to board such passenger.

Ah, you're right. They only have big absences...

 

OP - maybe there was a chance to leave and have someone send you the extension letter but now that both would be expired anyway I don't see you being accepted to board a plane to the US.

 

Since you are planning on staying at another country for a month or so I would try to get a boarding foil and going through the process at the local embassy/consulate. That would maybe give you a way to fly back to the US.

[jackiegringa 357]

2 hours ago, LuckyJones said:

Due to a family medical issue, I am preparing to leave the US rather rapidly. As I was packing I made sure I had my greencard for reentry. It was then I found that it had expired in 2021. I leave tomorrow but I am hoping to be able to return to the US in about a month's time.

I quickly applied for an N400 citizenship but the wait is 9 months. What else should I be doing to make sure I can get back into the country? I also saw that my driver's licence was expiring while I was out of the country. I spoke to the DMV and they are also not able to renew my drivers licence until my greencard issue is resolved. Even though applying for the N400 extends the green card for 2 years, it doesn't help as my greencard is more than 2 years expired, is there anything else I need to file?

 

From the boarding foil page (form I-131A):

 

"If you are an LPR with an expired Green Card

If you have an expired Green Card, you may not need to file Form I-131A. Although regulations generally require an LPR to travel with a valid Green Card, U.S. Customs and Border Protection (CBP) policy allows a transportation carrier bound for the United States to let you board without carrier documentation if you are:

-An LPR with an expired Green Card that was issued with a 10-year expiration date, and you have been outside the United States for less than 1 year;"

 

So it seems like regular procedure are in place when you have an expired 10 year green card AND wasn't outside of the US for longer than a year. Learned something new everyday!

[OldUser 4,978]

7 minutes ago, jackiegringa said:

So it seems like regular procedure are in place when you have an expired 10 year green card AND wasn't outside of the US for longer than a year. Learned something new everyday!

I think OP may have hard time convincing airline, but they can try. Not sure if the wording also implies the GC should have expired less than a year, which isn't the case with OP. Otherwise, why would you ever renew a GC? You'd travel outside for few weeks with expired GC (cause every time you're out of the US for less than a year!)

[jackiegringa 357]

@LuckyJones Please read this page explaining how to get a boarding foil, it seems like it would either let you come back with your expired GC or inform you how to get a boarding foil to return without issues by air. It mentions you should check with your airline to see if they accept your expired or not GC, all info from Special Instructions section.

 

https://www.uscis.gov/i-131a

[LuckyJones 0]

Thanks for the information.

Even if I get on the plane, wouldn't I have issues at immigration once I arrive back in the US with the foil?

[jackiegringa 357]

9 minutes ago, LuckyJones said:

Thanks for the information.

Even if I get on the plane, wouldn't I have issues at immigration once I arrive back in the US with the foil?

If you have a boarding foil you will be boarded even if the airline complains a bit. It's in the CBP carrier guide. 

 

Once in the US you will be admitted because you are a permanent resident. Big chance of going to secondary inspection but you cannot be denied entry once in US soil, so don't worry about it too much.

Edited September 16, 2023 by jackiegringa

[little immigrant 800]

6 hours ago, LuckyJones said:

Due to a family medical issue, I am preparing to leave the US rather rapidly. As I was packing I made sure I had my greencard for reentry. It was then I found that it had expired in 2021. I leave tomorrow but I am hoping to be able to return to the US in about a month's time.

I quickly applied for an N400 citizenship but the wait is 9 months. What else should I be doing to make sure I can get back into the country? I also saw that my driver's licence was expiring while I was out of the country. I spoke to the DMV and they are also not able to renew my drivers licence until my greencard issue is resolved. Even though applying for the N400 extends the green card for 2 years, it doesn't help as my greencard is more than 2 years expired, is there anything else I need to file?

 

File I-90 online and print out your extension letter directly from the Documents tab after payment. Good luck

[OldUser 4,978]

7 minutes ago, little immigrant said:

File I-90 online and print out your extension letter directly from the Documents tab after payment. Good luck

Agree, this is the best bet, though printed copy may not be accepted by all airlines. Many require original watermarked extension.