Re-entering US on expired I-797, pending adjudication

[Ksenia]

Hello all,

I am writing on behalf of my husband, a Chinese citizen. Here is a brief rundown of our most pressing question: 

 

“I got my 2- year conditional permanent resident card after coming to live in the US with my wife in 2017. I filed an I-751 to remove the conditions on my permanent residency in April 2019, and received an I-797 extension on my 2- year card until October 2020. Due to a family emergency, I had to come back to China in August 2020.  The issue is now resolved and I would like to go back to my wife where we live in California. My USCIS status is awaiting interview for removal of conditional status, my receipt number is recognized by the USCIS help line when I call in to check on my status.  I need to know if there are any additional documents I need to travel back to the US. 

 

Will they stop me from entering the United States with my current paperwork (an expired two year green card and an expired I-797, but which is still valid according to the USCIS until they judge my case)? I didn’t have time to file for a reentry permit when I left, so is my only option to go through the process to get a returning resident visa?”

thank very much to anyone who might have some insight!!

 

Edited March 16, 2021 by Ksenia (see edit history)

[Martin B]

The bigger issue he may have is with the airline. If he makes it to the US border, he'll probably be fine. 

The airline has no knowledge that he's still waiting for an interview and that he still has permanent resident status. He'd probably have to get a boarding letter/foil from the consulate in this situation. Or fly to another country that he can enter (Mexico?) and cross via land border.

As a first step, I'd call the airline and explain the situation.

Edited March 16, 2021 by Barfus (see edit history)

[Ksenia]

Thank you for your advice!!

[Randy W]

 

10 hours ago, Ksenia said:

Hello all,

I am writing on behalf of my husband, a Chinese citizen. Here is a brief rundown of our most pressing question: 

 

“I got my 2- year conditional permanent resident card after coming to live in the US with my wife in 2017. I filed an I-751 to remove the conditions on my permanent residency in April 2019, and received an I-797 extension on my 2- year card until October 2020. Due to a family emergency, I had to come back to China in August 2020.  The issue is now resolved and I would like to go back to my wife where we live in California. My USCIS status is awaiting interview for removal of conditional status, my receipt number is recognized by the USCIS help line when I call in to check on my status.  I need to know if there are any additional documents I need to travel back to the US. 

 

Will they stop me from entering the United States with my current paperwork (an expired two year green card and an expired I-797, but which is still valid according to the USCIS until they judge my case)? I didn’t have time to file for a reentry permit when I left, so is my only option to go through the process to get a returning resident visa?”

thank very much to anyone who might have some insight!!

 

He should bring whatever documentation he can to show that he LIVES in the U.S.