GC Renewal Delay and automatic extension may expire next month

[SJ_]

My Permanent Resident Card is under renewal processing, I filed for renewal in June 2021,
by way of I-797, I got an automatic extension to Green Card, which however expires Mid September 2022.

I tried to reach out to USCIS however they said , these are normal processing times and I cannot message them till Jan2023 for updates. My question is Do i need to fill any other form or do something to keep my status valid? I read something about getting an ADIT stamp but it was not clear. Anyone has gone through similar situation?

 

[newacct]

First, your permanent resident status does not expire. You remain in lawful permanent resident status forever, as long as you maintain residence, even if you do not renew the card and do not get an I-551 stamp. You just have no proof of your status. But not having proof of your status probably won't affect most things in your daily life as long as you do not need to travel abroad or get some benefit that requires you to prove your status (e.g. unemployment benefits, and maybe driver's license renewal in some states).

On the other hand, you are legally required to have proof of permanent residency on you at all times (although you are unlikely to run into anyone who can ask for it). So if possible, you should get an I-551 stamp. But if you don't have proof of permanent residency for a while (until the application is processed), it's not a big deal either.

 

[SJ_]

Hello @

First, your permanent resident status does not expire. You remain in lawful permanent resident status forever, as long as you maintain residence, even if you do not renew the card and do not get an I-551 stamp. You just have no proof of your status. But not having proof of your status probably won't affect most things in your daily life as long as you do not need to travel abroad or get some benefit that requires you to prove your status (e.g. unemployment benefits, and maybe driver's license renewal in some states).

On the other hand, you are legally required to have proof of permanent residency on you at all times (although you are unlikely to run into anyone who can ask for it). So if possible, you should get an I-551 stamp. But if you don't have proof of permanent residency for a while (until the application is processed), it's not a big deal either.

Newacct , thank you the quick reply, I left out a detail, I am currently out of country since February 2022, and plan to stay here for few more months. What should I be doing in that case?

 

[newacct]

Since you are outside the US, it's too late to get an I-551 stamp. You should have tried to get an I-551 stamp before you left when you saw that your extension letter would expire during your planned stay abroad.

How long is "a few more months"? You should return to the US before you have been out for 12 months, if you don't have a Re-entry Permit. So the main issue is how you are going to return to the US. If you are in Canada or Mexico, you can go to a US land port of entry with your expired green card and they will almost certainly let you in. If you must fly to the US, it is more complicated. Technically, the US government allows airlines to board people for travel to the US on an expired 10-year green card. 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.

But many airlines will probably refuse to board you anyway. In that case (other than hoping that your new green card will be produced in time and getting someone in the US to mail it to you), you would need to file I-131A (paying a $575 fee) with a US consulate to get a transportation letter to get the airline to board you. See the I-131A page, under Special Instructions:

Although regulations generally require an LPR to travel with a valid Green Card, U.S. Customs and Border Protection (CBP) policy allows a transportation carrier bound for the United States to let 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);
• [...]

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.

 

[SJ_]

Thank you, to your question I had plans to stay in India for another 5 months. My extension expires in September, If I travel to US before that (using my expired GC and 797C receipt of application to renew GC for entry) , my question is how do I request for I-551 stamp? I looked up on USCIS.gov website multiple times but I could not find a way to fill any form to request for the stamp.

 

[newacct]

You have to call the call center to ask for an appointment. Appointments are hard to come by these days so you need to explain to them why you need the I-551 stamp (ADIT stamp) urgently.

 

[SJ_]

@newacct Update: I called the USCIS call center (Aug 18) and asked for an appointment for ADIT Stamp, and they said they will call back to give an appointment and it might take upto 30 days for USCIS to callback with an appointment date. Last night I got a email from them saying there is no available appointment as yet and I just need to wait for them to call me back