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I am American and my husband has an expired Conditional Permanent Resident card.
We had to leave the US abruptly due to a family emergency overseas and were unfortunately too caught up in a difficult and demanding situation to submit the I-751 form on time. We are still overseas but things have finally settled and we are planning to submit it now (several months after CPR card expiration).
We'd like to return to the US as soon as possible; not only because we have personal commitments and ties back home in the US, but also because we'll need to be there for the I-751 biometrics appointment, which can only be attended stateside.
I contacted USCIS and was informed that a receipt (I-797 Notice of Action) is issued during the I-751 application, and that when presented with the expired Green Card, it can be used for travel in and out of the United States.
Another USCIS officer I spoke with, however, said that the I-797 and expired Green Card may not be enough to get my husband through CBP (due to late I-751 filing) and that he could potentially be sent back at the US border.
I also came across an immigration attorney's website which warns against traveling with an I-797 receipt if you're a late applicant. This is because the I-797 receipt states: “This extension and authorization for employment and travel does not apply to you if your conditional resident status has been terminated.”
Because of the above info, we're not confident that we can actually reside or even enter the US unless our I-751 is accepted. And our I-751 can't be accepted unless we are in the US and can attend the biometrics there.
Does anyone have information/insight about our issue, or have any immihelp members been through a similar experience?
All or any replies would be greatly appreciated. Thanks so much for reading!
We had to leave the US abruptly due to a family emergency overseas and were unfortunately too caught up in a difficult and demanding situation to submit the I-751 form on time. We are still overseas but things have finally settled and we are planning to submit it now (several months after CPR card expiration).
We'd like to return to the US as soon as possible; not only because we have personal commitments and ties back home in the US, but also because we'll need to be there for the I-751 biometrics appointment, which can only be attended stateside.
I contacted USCIS and was informed that a receipt (I-797 Notice of Action) is issued during the I-751 application, and that when presented with the expired Green Card, it can be used for travel in and out of the United States.
Another USCIS officer I spoke with, however, said that the I-797 and expired Green Card may not be enough to get my husband through CBP (due to late I-751 filing) and that he could potentially be sent back at the US border.
I also came across an immigration attorney's website which warns against traveling with an I-797 receipt if you're a late applicant. This is because the I-797 receipt states: “This extension and authorization for employment and travel does not apply to you if your conditional resident status has been terminated.”
Because of the above info, we're not confident that we can actually reside or even enter the US unless our I-751 is accepted. And our I-751 can't be accepted unless we are in the US and can attend the biometrics there.
Does anyone have information/insight about our issue, or have any immihelp members been through a similar experience?
All or any replies would be greatly appreciated. Thanks so much for reading!
