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Green Card Renewal - Legally Cross to USA ?

By FriendlyHelper in General Immigration-Related Discussion

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FriendlyHelper Newbie

FriendlyHelper   1

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Thanks in advance - helping out a friend with next question.  Friend has  applied to renew his greencard 2/24/2025 and has received Notice of Action confirming receipt. His greencard expired 03/10/2025. Not informing himself, and thinking he could no longer be in USA, he moved back to Tijuana. ( He lived in San Diego Ca ). Could he legally cross back to San Diego ? I have read that if green card expired, it still has validity of 36 months. Thank you !

OldUser Grand Master

OldUser   10,829

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3 hours ago, FriendlyHelper said:

Thanks in advance - helping out a friend with next question.  Friend has  applied to renew his greencard 2/24/2025 and has received Notice of Action confirming receipt. His greencard expired 03/10/2025. Not informing himself, and thinking he could no longer be in USA, he moved back to Tijuana. ( He lived in San Diego Ca ). Could he legally cross back to San Diego ? I have read that if green card expired, it still has validity of 36 months. Thank you !

How long has he been living in Tijuana for?

 

When you mean renewal, do you mean I-90 to renew his 10 year green card? After I-90 is filed, applicant receives extension letter.

FriendlyHelper Newbie

FriendlyHelper   1

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17 minutes ago, OldUser said:

How long has he been living in Tijuana for?

 

When you mean renewal, do you mean I-90 to renew his 10 year green card? After I-90 is filed, applicant receives extension letter.

Yes, his 10 year green card. He hasn’t received any extension letter. The only thing he received was his notice of action I797C saying they are continuing to process his application, but that the notice isn’t an approval of his pending application, petition or request. He has been in Mexico since May of this year. Should he have received an extension letter after the 797 notice of action? He wants to know if he can cross the border with just this notice of action letter.

OldUser Grand Master

OldUser   10,829

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57 minutes ago, FriendlyHelper said:

Yes, his 10 year green card. He hasn’t received any extension letter. The only thing he received was his notice of action I797C saying they are continuing to process his application, but that the notice isn’t an approval of his pending application, petition or request. He has been in Mexico since May of this year. Should he have received an extension letter after the 797 notice of action? He wants to know if he can cross the border with just this notice of action letter.

The very first I-797 typically extends the validity of green card.

 

Read here https://www.uscis.gov/newsroom/alerts/uscis-extends-green-card-validity-extension-to-36-months-for-green-card-renewals

 

 

Dashinka Grand Master

Dashinka   26,240

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Filed: Citizen (apr) Country: Russia
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10 hours ago, FriendlyHelper said:

Yes, his 10 year green card. He hasn’t received any extension letter. The only thing he received was his notice of action I797C saying they are continuing to process his application, but that the notice isn’t an approval of his pending application, petition or request. He has been in Mexico since May of this year. Should he have received an extension letter after the 797 notice of action? He wants to know if he can cross the border with just this notice of action letter.

Have him read that NOA very carefully.  He is still an LPR, so if he wants, he can come back.

 

Good Luck!

Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

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TBoneTX Grand Master

TBoneTX   48,363

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Filed: Citizen (apr) Country: Ecuador
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18 hours ago, FriendlyHelper said:

has received Notice of Action confirming receipt

All else equal, he should definitely bring the original to present to CBP, if he tries to return.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

 
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