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ILW.COM Homepage    discuss.ilw.com    discuss.ilw.com    Immigration Discussion    Travelling with the Notice of Action and an expired greencard.
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Associate Member
Posted
Hi,

I have a question to everybody who knows or travelled abroad with an expired green card and the Notice of Action that extends green card for another year.
I have an emergency situation. My grandmother died and I REALLY need to travel abroad. My I-751 is pending. I have an expired conditional greencard and the Notice of Action, where it is stated that work and travel authorized untill 05/01/2004.
So, the questions are: "Is it ok if I travel with my greencard and Notice of Action plus passport? Will I encounter any difficulties on the way back to US due to an expired greencard? My passport is not stamped. Should I go to the local INS office and get my passport stamped? Is there any additional documents that I need?
Is it okay (advisable) to travel while I-751 is pending?"
By the way, I only need to be out of country for 1 week.
Thank you all in advance for your advices in such a difficult time for me. Any comments and shared experiences on travelling in a situation like this one would be greatly appreciated!
 
Posts: 8 | Registered: 11-19-2003Reply With QuoteReport This Post
Power Member
Picture of Pasha Patel
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If u come back to usa before NOA expires ... no problem ... if not then there is no harm to go to local BCIS office and request to put stamp in ur passport and extend ur Conditional resident status...good luck...
 
Posts: 3164 | Location: USA | Registered: 08-30-2003Reply With QuoteReport This Post
Frequent Member
Picture of sab34
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Pasha Patel: She can travel, on her return the Airline will not allow her to board the Aircraft, Airline will ask her to get the letter from the Embassy/Consulate stating that she is allowed to travel on that NOA.
How are you doing:
 
Posts: 258 | Location: khobar, saudi arabia | Registered: 09-16-2003Reply With QuoteReport This Post
Regular Member
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After I got the NOA, I went to the local office for the passport stamp, but they did not want to apply it, saying the NOA is enough. I traveled to Canada with the NOA and unstamped passport without probles.
 
Posts: 22 | Location: DC | Registered: 01-03-2004Reply With QuoteReport This Post
Power Member
Picture of Pasha Patel
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Hi sab34,

I m doing good. Thank you. Actually I don't have personal experience with NOA and expired GC but wherever I read ... and other peoples' experiences ... that person can travel anywhere with expired GC and NOA as long as NOA is not expired ... I even heard that some local BCIS offices don't put stamp in passport unless NOA is expired .... So I guess there shouldn't be a problem in traveling with expired GC and NOA... howz everything going on with you ? are u currently in Saudi Arabia ? just waiting if ajnabi brings Chiki ...
Smile
 
Posts: 3164 | Location: USA | Registered: 08-30-2003Reply With QuoteReport This Post
Frequent Member
Picture of sab34
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Hi Pasha: let me ask chris: I think you cross the border, was you stop? or you just walked in.
You are lucky to get into US.
( NOA=Notice of Action) it clearly say that it will take 300 to 700 days for this type of case) BCIS do not say that they will mail your GC on or about in 6 months. This NOA is not a travel document. Inspector at the POE may refuse the entery to any one who arrived at the POE. Even if you travel out of US and your GC expires during your stay you can apply for Returning resident, under sec 101(a)(27)(A) Fee $ 75.00 you will submit your passport GC and 3photos, time involvs is 3 weeks.
Young Pakistani travel on emergency while his case was pending, he had letters from INS, his attorney, passport all documents, He had a flight at 2:20am Airline aske for his passport and visa, he said I dont need a visa I have a permission from INS to travel back. They refused him to board the plan. If Airlines carry this type of passengers they are fined $5000.00 per person, and they have to take them back, and ask him to go and get the visa.
It takes about 5 weeks to get this straight with ins. People dont think what will happen to them when you are standered at any place.
Why they dont stamped your passports: due to NOA Action has not yet completed you still has a time on that.
How can you tavel with the expeired passport, when you apply for visa at any emabssy they inform you that your passport should be valid for six month at the time of your entery in to the country. GC is the same.
If any one know that INS started changing GC from the old one issued until 1989. INS had put the deed line to get that change or you will not allowed entry into US.

so far so good, Yes I am in the fools paradis, I will be traveling to night from here for good. first I will go to Mumbai,Pune, Lonavala,
then back to us. by end of april/may.
I dont think ajnabi will bring chiki, I will get. hope his/her case went smoothly. see you later. thanks for asking
 
Posts: 258 | Location: khobar, saudi arabia | Registered: 09-16-2003Reply With QuoteReport This Post
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Pasha Patel, sab34, Chri,
Thank you all for your valuable answers.
I will take all of them into consideration before I travel.
Thanks again.
 
Posts: 8 | Registered: 11-19-2003Reply With QuoteReport This Post
Power Member
Picture of Pasha Patel
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Hi sab34...

Now I got you ... actually we misunderstood each others ... if I understand you correctly ... your previous post is for person who is outside USA with expired GC ... right ? and that's why they will have to apply as returning resident ...

And I was talking about if someone is here in USA with expired GC and extended NOA then he/she shouldn't have a problem traveling outside USA and returning back before that NOA expires ...

Have a great day ... Pasha
Smile
 
Posts: 3164 | Location: USA | Registered: 08-30-2003Reply With QuoteReport This Post
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If I understand correctly, the poster has a I-751 pending and has received a NOA basically extending his/her conditional resident status for 1 additional year, allowing employment and travel. I have the same NOA (as my I-751 is pending too). When traveling, you should carry your expired GC, the NOA and your valid passport. You should not have any problems. However, you may also want to go to your local USCIS office with the NOA, your expired GC and the passport to have them stamp your passport showing that your conditional resident status has been extended.
 
Posts: 280 | Location: Manhattan, NY | Registered: 10-08-2003Reply With QuoteReport This Post
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I did travel 3 times with expired green card and my extension letter, while my I-751 was pending.
They never did ask to see the expired green card with the extension letter was enough.
 
Posts: 166 | Location: Belleville, Michigan USA | Registered: 08-25-2003Reply With QuoteReport This Post
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Thanks NYCImmParalegal.

Yoly&Wayne,
What was your port of entry in the United States?
Off: Does anybody know if grandmother is considered to be direct family member? I need to take Family Leave of Absense at work if I qualify.
THanks
 
Posts: 8 | Registered: 11-19-2003Reply With QuoteReport This Post
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Dani:
2 different ports of entry. Houston and Newark.
About the family leave of absence at work, I don't really know. But it should be in your Personnel Manual.
In mine grandparents are under Paid Leaves but only for Funeral (Bereavement) Leave.
Good luck I hope your grandma gets better.
 
Posts: 166 | Location: Belleville, Michigan USA | Registered: 08-25-2003Reply With QuoteReport This Post
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Thanks,Yoly, for the information.
Unfortunately my grandma passed away and my mom is in hospital. I will look in my employee manual.
 
Posts: 8 | Registered: 11-19-2003Reply With QuoteReport This Post
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I'm sorry to hear that Dani.
Be strong and pray.
 
Posts: 166 | Location: Belleville, Michigan USA | Registered: 08-25-2003Reply With QuoteReport This Post
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Yoly & Wayne: Intresting to note that you travel on NOA three times and Re-enter US as well, thats good.

Would you please see on your NOA if any section of the is mentioned.
Thanks
 
Posts: 850 | Registered: 03-02-2004Reply With QuoteReport This Post
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Pasha Patel: Namasty:

In 1980's I thing dos/ins used INA Sec 258, the owner, agent, consignee,master, shall pay to the commissioner the sum of $5,000, and such fine shall be a lien against the vessel/aircraft, and will return the person to the country of departure. Notifications were send to all Airlines to check the visas.

I am not sure under what section of the law an Alien can travel on NOA, unless this NOA has any Section of the law printed on it.

Any one who had travel on NOA may please see if any of the regulations are printed on NOA.
 
Posts: 258 | Location: khobar, saudi arabia | Registered: 09-16-2003Reply With QuoteReport This Post
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Picture of Pasha Patel
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Hi sab34 Smile ...

Namaste Smile ... I m really confused here Confused ... well people with conditional expired GC ... I read everywhere there is no problem in traveling with expired GC and NOA ... may be I am not getting your point here Frown ... my sincere apologies Smile.... But I guess they can travel with expired GC and valid NOA ... Smile
 
Posts: 3164 | Location: USA | Registered: 08-30-2003Reply With QuoteReport This Post
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