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Greencard expiring in October 2020... stuck in India because of flight restrictions

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  • Greencard expiring in October 2020... stuck in India because of flight restrictions

    Hi so I have a US greencard that's expiring (like date on the card) on middle of October, 2020. I'm in India now since January 21st, 2020.

    What are my options? I can't apply for re-entry permit of 2 years as I have to be physically present in USA for the permit. Neither I can apply for new greencard as again for this I have to physically be in USA.

    Although I do plan on trying to fly out from India before the GC expires, are there any other options available for me? I'd rather not travel such long flights because of Corona Virus infection.

    I would appreciate any advice anyone can given this scenario. Thanks!

  • #2
    This is a 10-year green card?

    This is my personal opinion and is not to be construed as legal advice.

    Comment


    • #3
      That won't be an issue at all. An expired green card does not mean an expired status in the US. There are many factors that need to be determined first. You should consult with an immigration attorney as this could potentially lead to an issue if the restrictions are still not lifted. I am an Online Immigration consultant and we answer different questions related to immigration cases.

      Comment


      • #4
        Covid is here to stay for a while.
        I suggest you travel in the July / Aug timeframe (safest)
        SB1 (returning resident visa's) have stringent criteria. You need to prove your stay outside the US was beyons your control, which obviously isn't in your case, since more flights are being added as time goes by
        Opinion only. Cannot be construed as legal advice.

        Comment


        • #5
          Originally posted by newacct View Post
          This is a 10-year green card?
          Yes it’s a ten year greencard

          Comment


          • #6
            Originally posted by eugenepoma View Post
            That won't be an issue at all. An expired green card does not mean an expired status in the US. There are many factors that need to be determined first. You should consult with an immigration attorney as this could potentially lead to an issue if the restrictions are still not lifted. I am an Online Immigration consultant and we answer different questions related to immigration cases.
            Thanks so if I return after my gc expires on October 2020, say December 2020, but before an year spent abroad I will be permitted entry? Thanks again

            Comment


            • #7
              Originally posted by Shankar Chowk View Post

              Thanks so if I return after my gc expires on October 2020, say December 2020, but before an year spent abroad I will be permitted entry? Thanks again
              Yes. Technically, airlines are allowed to allow you to board with an expired 10-year GC. See CBP carrier information guide page 28 "Cards with expired I-551s may be boarded without penalty if the card was issued with a 10-year expiration date." And I-131A page, under "Special Instructions": "U.S. Customs and Border Protection (CBP) policy permits a transportation carrier bound for the United States to allow you to board without carrier documentation if you: Are an LPR with an expired Green Card that was issued with a 10-year expiration date (and you have been outside of the U.S. for less than a year);"
              However, most airlines will probably not board you with an expired green card, so you have to file I-131A with a US consulate to get a transportation letter if you have been out for less than 1 year, so the airline will board you.

              This is my personal opinion and is not to be construed as legal advice.

              Comment


              • #8
                Originally posted by newacct View Post

                Yes. Technically, airlines are allowed to allow you to board with an expired 10-year GC. See CBP carrier information guide page 28 "Cards with expired I-551s may be boarded without penalty if the card was issued with a 10-year expiration date." And I-131A page, under "Special Instructions": "U.S. Customs and Border Protection (CBP) policy permits a transportation carrier bound for the United States to allow you to board without carrier documentation if you: Are an LPR with an expired Green Card that was issued with a 10-year expiration date (and you have been outside of the U.S. for less than a year);"
                However, most airlines will probably not board you with an expired green card, so you have to file I-131A with a US consulate to get a transportation letter if you have been out for less than 1 year, so the airline will board you.
                Hi thanks ok i then plan on leaving For usa by end of july if Possible. Other thing is that when I submit application to renew my greencard would i have to stay in usa for 10-12 months till new gc arrives? This seems to be normal wait time. Can I leave usa after few months while my renewal app is being processed? I might need another travel document? Thanks

                Comment


                • #9
                  Originally posted by Shankar Chowk View Post

                  Hi thanks ok i then plan on leaving For usa by end of july if Possible. Other thing is that when I submit application to renew my greencard would i have to stay in usa for 10-12 months till new gc arrives? This seems to be normal wait time. Can I leave usa after few months while my renewal app is being processed? I might need another travel document? Thanks
                  You do not need to stay in the US while your I-90 is pending. You should get an I-551 stamp at a local USCIS office before you leave.

                  This is my personal opinion and is not to be construed as legal advice.

                  Comment


                  • #10
                    Originally posted by newacct View Post

                    You do not need to stay in the US while your I-90 is pending. You should get an I-551 stamp at a local USCIS office before you leave.
                    Ok understood so if I return back to usa in August before my greencard expires, and I apply for renewal in usa, in how much time does a letter arrive, notifying me of biometric appointment date? So if I apply for renewal on say August 1 2020 when can I expect biometrics to be taken in the local USCIS office? Thanks again!

                    Comment


                    • #11
                      Biometrics letter is usually issued within 2-3 weeks of application receipt. The date on the letter will usually be 2-4 weeks from when the letter was issued.
                      Opinion only. Cannot be construed as legal advice.

                      Comment

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