GC about to expire,help

Ridhima

New Member
My sister and I have our greencards. It is getting expired on 5 January 2021.
We are currently in India and unable to travel back to US due to the pandemic and are stuck here.
Please advise what should we do?
How can we get our green card renewed or apply for extension or any forms we can fill so that we can enter the country if we are to travel post our green card gets expired.
Please advise what should we do so thay we don't lose our GC and can still preserve our residency status.
Thank you, Ridhima
 

SusieQQQ

Well-Known Member
How long have you been outside the US? If longer than a year you are out of luck.

If less than a year, see the following, you may be ok as is or you may need to file form i131a to return. The one year will be counted either to when you return or when you file form i131a (if you need to file look at the link below not just the extract I have posted)

https://www.uscis.gov/i-131a

If you are an LPR with an expired Green Card

If you have an expired Green Card, you may not need to file Form I-131A. Although regulations generally require an LPR to travel with a valid Green Card, 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);
  • Are an LPR who has an expired Green Card with a two-year expiration date and you also have Form I-797, Notice of Action, showing that you filed a Form I-751, Petition to Remove Conditions on Residence, or Form I-829, Petition by Entrepreneur to Remove Conditions on Permanent Resident Status (and you have been outside of the U.S. for less than a year). The Notice of Action extends the validity of the card for a specified length of time, generally one year; or
  • Are an LPR military service member or employee of the U.S. government (or an LPR dependent of such an individual) on official U.S. military or government travel orders, regardless of time outside of the United States.
Check with your airline or transportation carrier before you file Form I-131A because, in some situations, they may still refuse to let you board even if you are in one of the categories above. In that case, you will need to file a Form I-131A.
 
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newacct

Well-Known Member
Why are you unable to travel back? There are no flights out of India? There is nothing stopping you from returning to the US as far as the US is concerned.

Technically, airlines are allowed to board you for return to the US with an expired 10-year green card. However, most airlines will probably not allow it.

If you have been out for less than a year, you can apply for a transportation letter (boarding foil) to convince the airline to board you, by filing I-131A with a consulate.

Otherwise, you might have to apply for an SB-1 returning resident visa.
 

Ridhima

New Member
Thank you for the reply on the above problem.
I have arrived safely in the US last week.

My GC expires on January 5 and I am planning to file it this week.
I am having problem with few questions on the GC renewal form I-90. Would really need help on that -
Part 3 - Processing Information Section question 1 and 2
Question 1 - Location where you applied for an immigrant visa or adjustment of status
Question 2 - Location where your immigrant visa was issued or USCIS office where you were granted adjustment of status


I can share a little brief about how I got the GC.
My dad's sister had applied for the GC in NY for my dad, mom, my sister and I in the late 90s. We got our GC in 2010. My mom dad have surrendered it in 2015/2017. My sister and I have it. The immigrant visa stamped in our passport in 2010 has US EMBASSY NEW DELHI written under Issuing Post Name.
If any additional information is required from my end, please let me know.
Thank you
 

Ridhima

New Member
Also, we are planning to paper file and send the packet through certified mail. Should we make two different packets for me and my sister or can we make one packet and send both my form and my sister's form together? Please advise on both questions (This one and the one above in previous thread.)
Thank you so much.
 

Sm1smom

Super Moderator
1. US Embassy New Delhi
2. US Embassy New Delhi
3. Both applications (with the supporting applicable documents for each one) can be mailed in one package.
 

Ridhima

New Member
Thank you for the above answers.
I have few other questions
1. From which state if we apply, there is a chance to get it faster? NY/NJ/Long Island?
2. Approximately how much time will it take for the biometrics date to come and the GC to come?
3. Which is a better way to file? File online or File by paper?

Please advise on these above questions
Thank you so much.
 

Sm1smom

Super Moderator
1. The State you file from is irrelevant to the processing time.
2. USCIS is currently backlogged - there are reports of biometrics currently taking close 3 months to get scheduled. The GC itself will take several months after.
3. Filing online ensures you get the NOA faster, compared to paper filing where it has to be mailed, processed and uploaded into the system before the NOA gets generated.
 

Ridhima

New Member
Thank you for your advise on the previous questions.
We have sent our I-90 with supporting documents for renewal to USCIS via certified mail. The tracking number on the certified mail says that they have received the packet.
1. How do we track our application/filing now?
2. If we have to travel outside US due to some urgent reasons, what should be the process to obtain a temporary resident proof or what forms to fill? (Our GC expires on 5 January, 2021)
 

newacct

Well-Known Member
1. You can't until you get the I-90 receipt
2. Before you leave the US, make an appointment at a UCSIS office to get an I-551 stamp on your passport on the basis that you have a pending I-90
 

Ridhima

New Member
1. Can I work with an expired Green Card? If not, what can be done that allows me to go back to work?
2. If I have to travel out of country before my Green card arrives, I need to get I-551 stamp on my passport. How long does this process take?
 
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