Travel 1751 Divorce

[gunnygirl 2]

Hello! I filed in June 2023, and just recently got my 551 stamp in my passport as my extension letter expired. When receiving my stamp however they took my green card….
 

I was planning on traveling next year but after all of the horror stories I have been reading on this sub, I emailed my lawyer. He basically said do not travel unless it’s an emergency.

So… do we have the same rights as a permanent resident or don’t we? I have always read that no one can take away our status but an immigration judge, so why is traveling risky?

[Crazy Cat 44,815]

If you have no criminal convictions, you should have no issues.  The ADIT stamp is the same as a Green card.  You are a legal resident.

Edited 15 hours ago by Crazy Cat

[gunnygirl 2]

Unfortunately, at the moment it is not advisable to travel internationally in your situation – precisely because of the horror stories you mentioned.

I wish I could provide you with the peace of mind you're looking for, but I would not leave the country until your I-751 approval, unless it's critical.
 

^ this is the email I received .

 

I mentioned a story of someone getting denied while they were abroad and they were not allowed back in, / I am divorced so i wonder if that’s what’s worrying him. 
 

[OldUser 10,180]

25 minutes ago, gunnygirl said:

Hello! I filed in June 2023, and just recently got my 551 stamp in my passport as my extension letter expired. When receiving my stamp however they took my green card….
 

I was planning on traveling next year but after all of the horror stories I have been reading on this sub, I emailed my lawyer. He basically said do not travel unless it’s an emergency.

So… do we have the same rights as a permanent resident or don’t we? I have always read that no one can take away our status but an immigration judge, so why is traveling risky?

The lawyer doesn't want to take responsibility in case if you're detained or pressured to give up LPR status by CBP.

[Crazy Cat 44,815]

There are plenty of attorneys out there spreading fear based on outlier cases.  If this was common, we would see these horror stories of being denied entry reported by our members here.  Simply, I am not seeing members report these issues.  

Edited 14 hours ago by Crazy Cat

[OldUser 10,180]

12 minutes ago, gunnygirl said:

I mentioned a story of someone getting denied while they were abroad and they were not allowed back in, / I am divorced so i wonder if that’s what’s worrying him. 
 

Sure, divorce case is different to if you were still married and travelling together. Even in good times, during ROC, CBP asked me how do I usually travel - solo or with my spouse. Mind you, my spouse entered the US a minute earlier on that trip 😃

 

You're still LPR and should be able to enter the US on valid stamp. Unless you have other issues in your immigration history, you should be able to travel.

You may be briefly placed in secondary upon reentry.

 

It's up to you, lawyer is being overly cautions, it's their job.

Edited 14 hours ago by OldUser

[wildbug100420 291]

1 hour ago, gunnygirl said:

Hello! I filed in June 2023, and just recently got my 551 stamp in my passport as my extension letter expired. When receiving my stamp however they took my green card….
 

I was planning on traveling next year but after all of the horror stories I have been reading on this sub, I emailed my lawyer. He basically said do not travel unless it’s an emergency.

So… do we have the same rights as a permanent resident or don’t we? I have always read that no one can take away our status but an immigration judge, so why is traveling risky?

Did you divorce after the extension was granted? 

[gunnygirl 2]

52 minutes ago, wildbug100420 said:

Did you divorce after the extension was granted? 

Before, I filled with a divorce waiver 

[OldUser 10,180]

38 minutes ago, gunnygirl said:

Before, I filled with a divorce waiver 

Ok, filled and hopefully filed in June 2023.

The extension letter is for 48 months nowadays.

Why did you have to get ADIT stamp? What was resident since date?

[mindthegap 2,667]

Scaremongering.

You are - and remain - a lawful permanent resident, until you file an I-407 (which you won't) or an immigration judge issues you a final order of removal (which isn't going to happen while you are on vacation).

You have a valid I-551 stamp, as proof of that permanent residence, and which is sufficient for boarding a carrier to, and re-entering, the US. (note, with a stamp, you often have to have a quick visit to secondary, this is nothing to worry about). 

 

 

They took your card, because it has expired, and the extension letter doesn't extend it any more - my card expired ten years ago, so even though I got an(other) extension last year, it doesn't work with my expired card, because it's too old, which is why I also have to get a stamp every year. 

The retaining of expired cards when getting stamps is nothing new, nothing to do with the current administration and nothing to do with your status. Those of us who have been posting here a long  time, will know that retaining/shredding the card in front of you has been a common thing for years by many officers when getting a stamp. Not all officers, but many. 

 

The fearmongering by, frankly, idiots, is out of control, to the extent even I was/am getting spooked by it. If I believed half of my friends, family and the media, next time I visit a USCIS facility I'll be detained by masked ICE operatives, and deported to El Salvador as a suspected member of MS-13, despite being as white as 1980s UK dog poop. Funnily enough, when I visited for a stamp recently, that didn't happen, because I'm a lawful permanent resident.

 

Don't buy into the scaremongering or let it negatively. affect you or your life. And get a better lawyer. 

 

 

 

 

Edited 11 hours ago by mindthegap

[OldUser 10,180]

2 minutes ago, mindthegap said:

Scaremongering.

You are - and remain - a lawful permanent resident, until you file an I-407 (which you won't) or an immigration judge issues you a final order of removal (which isn't going to happen while you are on vacation.

You have a valid I-551 stamp, as proof of that permanent residence, and which is sufficient for boarding a carrier to, and re-entering, the US. (note, with a stamp, you often have to have a quick visit to secondary, this is nothing to worry about). 

 

 

They took your card, because it has expired, and the extension letter doesn't extend it any more.

This is nothing new, nothing to do with the current administration and nothing to do with your status. Those of us who have been posting here a long  time, will know that retaining/shredding the card in front of you has been a common thing for years by many officers when getting a stamp. Not all officers, but many. 

 

 

 

 

Agreed with all points above. Boarding flight with I-551 stamp may be a problem depending on incompetence of airline staff. At that point OP should be ready to articulate and support the claims with references to airline carrier guide.

[wildbug100420 291]

4 hours ago, gunnygirl said:

Hello! I filed in June 2023, and just recently got my 551 stamp in my passport as my extension letter expired. When receiving my stamp however they took my green card….
 

I was planning on traveling next year but after all of the horror stories I have been reading on this sub, I emailed my lawyer. He basically said do not travel unless it’s an emergency.

So… do we have the same rights as a permanent resident or don’t we? I have always read that no one can take away our status but an immigration judge, so why is traveling risky?

Your timelines are not complete. When are you eligible to apply for citizenship under 5 year rule?