GC expiring after 2 days of reentry into US

M

mtillu

Registered Users (C)
One of my friends' is scheduled to go to India for a business trip in December and will be returning to Chicago on 26th December, 2011.
Unfortunately, his GC is expiring on 29th of December, 2011 (3 days after his return).

Does anyone know if he will encounter any immigration issues when boarding in India or after arriving in Chicago?

Note: He has applied for his citizenship but we are pretty sure he won't be getting that before he leaves.
 
He won't have a problem if he returns before the GC expires.

But he should still take other steps to ensure a smooth return in case there are flight cancellations or other circumstances that would delay his return flight beyond GC expiration.

Has he applied for GC renewal? If he filed I-751 to extend a 2-year GC, the extension letter would allow him to travel after GC expiration. If he filed I-90 for renewal of a 10-year GC, he should make an Infopass appointment and get an I-551 stamp in his passport.
 
Jackolantern said:
He won't have a problem if he returns before the GC expires.

But he should still take other steps to ensure a smooth return in case there are flight cancellations or other circumstances that would delay his return flight beyond GC expiration.

Has he applied for GC renewal? If he filed I-751 to extend a 2-year GC, the extension letter would allow him to travel after GC expiration. If he filed I-90 for renewal of a 10-year GC, he should make an Infopass appointment and get an I-551 stamp in his passport.
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I agree with Jackolantern--OP's friend is cutting it very close and should find a more secure solution. Indeed, is the airline even required to permit boarding in such a situation? Surely there is always a risk that the flight is diverted to, say, Canada (OP's friend is travelling to a cold weather city in the dead of winter, and at a very busy travel time) and the delay takes a few days to sort out. Then the airline might be on the hook for flying them into the USA after the GC expires.

OP's friend has applied for citizenship so this is not an I-751 situation. I believe if OP's friend filed N-400 before 6/26/2011, then they could simply make an InfoPass and get a I-551 stamp. If N-400 was not applied for until after 6/26/2011, then the I-90 should also be filed and then an I-551 stamp should be obtained at an InfoPass appointment.

Certainly I think OP's friend is cutting it too close. There was a rather "colorful character", shall we say, who posted a lot on immigration boards in the early 2000's. He made a trip to India with a planned return just a few days before an I-551 stamp expired. He became ill in India and couldn't make his flight. When he recovered his I-551 had expired. Eventually after a lot of drama involving his congressman, he eventually got a returning resident visa (IIRC) from the consulate and was able to re-enter the USA, eventually becoming a citizen. This guy seemed to thrive on endless drama, but if OP's friend wants to avoid similar drama, I'd recommend being a bit more pro-active before leaving for India.
 
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