SB1 - returning resident determination DS-117

#21
Was marriage the basis for the conditional GC?
Though unlikely, is the i-551 stamp still valid? Any chance the original, watermarked i-797 receipt not past it's 12-mo/18-mo expiration date?
What were the reasons given to deny you boarding?

In a majority of cases, the i-751 is adjudicated within two years. Either approved, denied, or an RFE issued. You could check the status on USCIS' site using the case number found on the i751 receipt.
Received the conditional GC through marriage . Then got divorced so filed an I-751 on joint filing waiver which is still pending . I-551 stamp received on 03/2017 expired on 03/2018 . Original I-797 receipt- received dated 07/2018 - Says valid for 18 months . I Left US on Aug 2017 .

Did not provide specific reasons to deny boarding . They claimed to have contacted CPB / Embassy and were told not to allow boarding . Due to an expired G.C and the lack of a straight forward printed sticker visa on the passport or a transportation letter or a reentry permit , they were not too sure about a I-797 . Also looked at the travel dates and mentioned that I have been out of the country for more than 1 yr . Upon checking the status of the I-751 through USCIS it is still pending .
 
#22
To clarify - you filed i751 from India almost a year after you left the US? After your i551 stamp expired even?

I’m not surprised you are not being allowed to board, it’s obvious from your documentation you’ve been out of the US longer than a year and the airlines know what that means, I personally have now been asked and know of others who are asked how long they have been out the US. They are definitely following the presumption of abandonment. Also afaik the i551 stamp still needs to be valid with i797 too? But I stand corrected on that one.
Yes , that's correct and airlines are definitely looking at travel dates . What do you suggest is the solution to this . I have legal status right now its just the lack of a proper document to travel .
 

1AurCitizen

Registered Users (C)
#23
Received the conditional GC through marriage . Then got divorced so filed an I-751 on joint filing waiver which is still pending . I-551 stamp received on 03/2017 expired on 03/2018 . Original I-797 receipt- received dated 07/2018 - Says valid for 18 months . I Left US on Aug 2017 .

Did not provide specific reasons to deny boarding . They claimed to have contacted CPB / Embassy and were told not to allow boarding . Due to an expired G.C and the lack of a straight forward printed sticker visa on the passport or a transportation letter or a reentry permit , they were not too sure about a I-797 . Also looked at the travel dates and mentioned that I have been out of the country for more than 1 yr . Upon checking the status of the I-751 through USCIS it is still pending .
You filed the i751 in July 2018? And have the original, watermarked i797 receipt valid until January 2020?
 

1AurCitizen

Registered Users (C)
#24
To clarify - you filed i751 from India almost a year after you left the US?

Also afaik the i551 stamp still needs to be valid with i797 too? But I stand corrected on that one.
Pakistan, I presume based on the sub-forum posted in.

An ROC-pending traveler has to either present a valid i551 stamp in the passport, OR both the expired green card AND an unexpired i797 letter.
 
#25
Currently possess the original I-797 which states -
Received Date - 07/09/2018
"Your conditional resident status has been extended for 18 months from the expiration date of the form I-551 / G. Card …….. "

Expiration date of my I-551 passport stamp is - 03/16/2018
 

SusieQQQ

Well-Known Member
#26
Pakistan, I presume based on the sub-forum posted in.

An ROC-pending traveler has to either present a valid i551 stamp in the passport, OR both the expired green card AND an unexpired i797 letter.
Ah sorry, I picked it up on the what’s new page without checking. Thanks for clarification.



Did not provide specific reasons to deny boarding . They claimed to have contacted CPB / Embassy and were told not to allow boarding . Due to an expired G.C and the lack of a straight forward printed sticker visa on the passport or a transportation letter or a reentry permit , they were not too sure about a I-797 . Also looked at the travel dates and mentioned that I have been out of the country for more than 1 yr . Upon checking the status of the I-751 through USCIS it is still pending .
Why would you doubt their claim to have contacted US authorities? I believe that is exactly what they do when they are unsure of a case. Remember they bear the cost and get fined if they allow you to board unauthorized.
 

SusieQQQ

Well-Known Member
#27
Yes , that's correct and airlines are definitely looking at travel dates . What do you suggest is the solution to this . I have legal status right now its just the lack of a proper document to travel .
I would dispute you have legal status personally, you have been out of the US longer than 12 months without a re-entry permit. The presumption is that you have abandoned your green card. If you strongly feel you have legal status then you should feel comfortable applying for SB1.
 

SusieQQQ

Well-Known Member
#30
The original G.C expired a while long and it took extremely long for them to process the I-751 . Do you think you can suggest any thing in my case other than an SB1 visa ?
I don't understand why you are being so cagey about dates. Was the i751 filed within the required timeframe? It doesn't seem to be so from what you posted but you haven't given the dates.

Out of interest, have you been filing tax returns every year since you got your initial GC all the way till now?
 

1AurCitizen

Registered Users (C)
#31
The original G.C expired a while long and it took extremely long for them to process the I-751 . Do you think you can suggest any thing in my case other than an SB1 visa ?
What is a long while?

You want answers? Try being cooperative on this forum for the most relevant advice!

What is the conditional GC expiration date?
 
#32
What is a long while?

You want answers? Try being cooperative on this forum for the most relevant advice!

What is the conditional GC expiration date?
Please explain to me first what does any of this have to do with the expiration date ? An I-751 is filed after the expiration of a green card and since the card is expired that's why an I-751 is issued . And since USCIS has accepted an I-751 application and issued a valid I-797 receipt that means it has been filed properly and in a timely manner . All taxes have been filed right from the beginning .
 

SusieQQQ

Well-Known Member
#35
Actually, @user1212 is correct that the dates are meaningless, but not for the reasons he thinks. The crux of the issue is that LPR status has been abandoned by remaining out of the US longer than a year without a re-entry permit. Waving the i797's expiration date does no more good than waving a technically unexpired green card around after more than a year's absence. An expiry date on a document does not automatically confer legal status. I guess CBP wised up to all the various forum advice to people about "come anyway and force an IJ to make the decision", especially when everyone knows it's basically a free pass with the IJ courts so backlogged, and that's why they are now checking length of time out, as this user confirmed too. So basically it's SB1 or stay home.
 
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