traveling with expired green card

[markndannie]

Dannie and I will be going to China in Dec thru early Jan 2008. We have to file for the 10 year resident card end of sept (90 days before expiration). Will the card be sent right away (hahaha), can we travel and return to usa with an expired 2 year resident card? Or what do we need to bring with us? Dannies son will be getting married and so we have to travel then. Hope someone can help answer. thanks

Mark

Edited June 1, 2007 by markndannie (see edit history)

[dnoblett]

The NOA1 letter for the I-751 that you file to lift the conditions on the conditional card will have a notation that the NOA extends the green card for 1 year, so if you don't have the 10 year card, you can use the letter in it's place to travel.

 

You will receive a notice of receipt for the form stating that "Your alien card is extended one year - employment and travel authorized". Keep the receipt with your green card. If by some chance you are not approved within a year you will want to make an InfoPass appointment to go to your Local Office to request an I-551 stamp in your passport.

Edited June 1, 2007 by dnoblett (see edit history)

[markndannie]

Thanks Dan, greatly releived

mark

[warpedbored]

Bing just got her 10 year card. It took seven months from the time we filed. CSC processing time is about a month faster right now. Expect about 6 months. The NOA you receive right after you file will be the only document you have that shows you are legal in this country. Hopefully they won't screw up something like they do in most cases. In our case they had Bing's name wrong.

[jbray]

Well... This stinks... I am in the same boat. Does anyone know if they can send the 10 year green card to a foreign consulate? I will probably be moving to Hong Kong this winter. We will file the I-751 in september... Can we file for a 2 year "re-entry permit" while going through all this mess?

 

Question, my wife got her drivers license in February. It's only good until November 30th (when her 2 year green card expires). They said that she needs to come back when she gets her new green card. Well, if it takes 6 months to get a new one, she will be without a drivers license for 3 months. Can she just take the letter that was mentioned and get a 1 year license?

[dnoblett]

Well... This stinks... I am in the same boat. Does anyone know if they can send the 10 year green card to a foreign consulate? I will probably be moving to Hong Kong this winter. We will file the I-751 in september... Can we file for a 2 year "re-entry permit" while going through all this mess?

 

Question, my wife got her drivers license in February. It's only good until November 30th (when her 2 year green card expires). They said that she needs to come back when she gets her new green card. Well, if it takes 6 months to get a new one, she will be without a drivers license for 3 months. Can she just take the letter that was mentioned and get a 1 year license?

Keep in mind they can and do call people in for an interview at their local USCIS office for interviews to lift conditions, and can do so at any time before issuing the 10 year card.

[C4Racer]

Well... This stinks... I am in the same boat. Does anyone know if they can send the 10 year green card to a foreign consulate? I will probably be moving to Hong Kong this winter. We will file the I-751 in september... Can we file for a 2 year "re-entry permit" while going through all this mess?

 

Question, my wife got her drivers license in February. It's only good until November 30th (when her 2 year green card expires). They said that she needs to come back when she gets her new green card. Well, if it takes 6 months to get a new one, she will be without a drivers license for 3 months. Can she just take the letter that was mentioned and get a 1 year license?

 

No they will not send the card to a foreign address period.

 

Here is what they say about it:

 

What If I am Outside of the United States?

 

If you are outside the United States, and your permanent resident card will expire within six months, (but you will return within one year of your departure from the United States and before the card expires), you should file for your renewal card as soon as you return to the United States.

 

If you are outside of the United States at the time of the card¡¯s expiration, and you have not applied for the renewal card prior to your departure, you should contact the nearest American Consulate, USCIS office, or Port of Entry, before attempting to file Form I-90 for a renewal I-551 card.

 

For more information on USCIS office locations, see the Field Offices page. For information on filing fees, see filing fees, fee waiver request procedures, and the fee waiver policy memo.

 

Sounds like you might want to make an info pass appointment, go talk with an IO and see how this applies to your situation.

[warpedbored]

When they do interview someone at their local USCIS office it is only after they have processed the I-751 at the service center you file through. That would only add time. The letter basically extends the green card one year. Take it with you to the DMV and see what they say. As for picking up the Green card perhaps someone else can send it to you from the US. I presume you will maintain some sort of Domicile.

[LeeFisher3]

Well... This stinks... I am in the same boat. Does anyone know if they can send the 10 year green card to a foreign consulate? I will probably be moving to Hong Kong this winter. We will file the I-751 in september... Can we file for a 2 year "re-entry permit" while going through all this mess?

 

Question, my wife got her drivers license in February. It's only good until November 30th (when her 2 year green card expires). They said that she needs to come back when she gets her new green card. Well, if it takes 6 months to get a new one, she will be without a drivers license for 3 months. Can she just take the letter that was mentioned and get a 1 year license?

 

No they will not send the card to a foreign address period.

 

Here is what they say about it:

 

What If I am Outside of the United States?

 

If you are outside the United States, and your permanent resident card will expire within six months, (but you will return within one year of your departure from the United States and before the card expires), you should file for your renewal card as soon as you return to the United States.

 

If you are outside of the United States at the time of the card¡¯s expiration, and you have not applied for the renewal card prior to your departure, you should contact the nearest American Consulate, USCIS office, or Port of Entry, before attempting to file Form I-90 for a renewal I-551 card.

 

For more information on USCIS office locations, see the Field Offices page. For information on filing fees, see filing fees, fee waiver request procedures, and the fee waiver policy memo.

 

Sounds like you might want to make an info pass appointment, go talk with an IO and see how this applies to your situation.

The information concerning filing a renewal after expiration applies ONLY to holders of a 10 year green card. The expiration and filing for the removal of conditions is a hard date with very few exceptions for filing after the expiration date.

 

If the 2 year green card expires and the I-751 has not been received the USCIS, they will automatically send a deportation order to the card holder.

 

I am not positive, but it may be possible to file for removal of conditions via the DHS office in Hong Kong or Bangkok(the regional office), but I would check very carefully before assuming that is correct.

[jbray]

Sorry, I think my post was confusing... We would file the I-751 in September, and would probably move to Hong Kong in January/February. It sounds like 5 months is not enough time to get the new green card. So, it's not the filing I am worried about... I am mostly concerned about getting the 2 year re-entry permit, and being able to get a dependents visa for Hong Kong. This is going to be messy...

[dnoblett]

Sorry, I think my post was confusing... We would file the I-751 in September, and would probably move to Hong Kong in January/February. It sounds like 5 months is not enough time to get the new green card. So, it's not the filing I am worried about... I am mostly concerned about getting the 2 year re-entry permit, and being able to get a dependents visa for Hong Kong. This is going to be messy...

You should have the 10 year card by September, it is rare for it to take more than a year, if not then schedule an info pass appointment, and see if the letter can be extended.

[jbray]

so, you mean september 08? This is frustrating, I had thought it would take about 3 months (Why did I think that!!! Nothing with our government moves quickly!)... Oh well... I'll figure something out. I'm probably worrying for nothing. We'll probably just have to fly back at some point for the interview and/or biometrics...

 

I've heard that it's difficult for Chinese citizens to get dependents visa's for Hong Kong, unless they have foreign residency (like a US Green Card). I am just concerned that if I am trying to get her Hong Kong dependents visa that this will mess that up, if we are in the middle of removing conditions, and all she has in a letter extending her card.

[dnoblett]

so, you mean september 08? This is frustrating, I had thought it would take about 3 months (Why did I think that!!! Nothing with our government moves quickly!)... Oh well... I'll figure something out. I'm probably worrying for nothing. We'll probably just have to fly back at some point for the interview and/or biometrics...

 

I've heard that it's difficult for Chinese citizens to get dependents visa's for Hong Kong, unless they have foreign residency (like a US Green Card). I am just concerned that if I am trying to get her Hong Kong dependents visa that this will mess that up, if we are in the middle of removing conditions, and all she has in a letter extending her card.

Whe you apply to adjust status, you will receive a letter from USCIS (NOA1) that extends the conditional status green card for 1 year paste expiration in your case Sep 08, the letter allows travel, how-ever USCIS can and does do interviews to lift conditions and can schedule them at any time during that 1 year period. If USCIS approves without interview they will send the card only to a US address. NO need to apply for a travel document unless you plan on being out of country for more than a year. You have a tricky case on your hand because you plan on being out of country for an extended period while lifting conditions, and are in a state of limbo.

[jbray]

Oh, and did I mention that her passport expires this spring (spring of 08)?

[dnoblett]

Oh, and did I mention that her passport expires this spring (spring of 08)?

Now that one is not a problem, since you plan on being in China then, you can get it renewed while there. Edited June 1, 2007 by dnoblett (see edit history)