travel out of the US after N400 application while GC expired
- Thread starter oren200
- Start date
A valid Green Card...
yandresyuk
Registered Users (C)
Of course your permanent resident status can expire!
harvydonald
Registered Users (C)
When Green Card expires, permanent resident status does not expire.
Check out
http://www.foreignborn.com/visas_imm/immigrant_visas/green_cards/2faqs_expiring_green_cards.htm
I assume you are being sarcastic and neglected to include a smiley. If not, look up the definition of "permanent" in a dictionary. The physical card itself can expire, just like a passport or a driving licence, but the actually permanent residency is exactly what it says - permanent (unless it is revoked, but that is a different matter).
From that site, entering the US on an expired Green Card however, can be an issue...
What will happen if I do not renew my expiring Green Card?
If you fail to renew your expiring card, you may experience difficulties in obtaining employment, benefits and re-entry into the United States from abroad.
Certainly, there will be additional scrutinity and the OP may have to apply for a waiver under 8 USC 1182(k) (INA 212(k)).
I can't see how one would be able to enter the US with an expired GC.
All airlines check your visa status or GC when checking into a flight to the US.
Not to mention the problem I'd have with the officer at point of entry to US...
In general there seems to be some consensus that it is not advisable to leave the country without a proper document to come back. As said, if you want to travel during your N400 processing you will probably have to apply for a replacement of the Green Card and see if you can convince USCIS to stamp your passport. It seems USCIS is trying to avoid passport stamps as they are way more prone to fraud than the physical Green Cards. Anyway, I am not talking from personal experience, just what I remember reading in this forum.
harvydonald
Registered Users (C)
It is not impossible, but difficult.
See 8 U.S.C. § 1182(k) ( INA 212(k))
"Any alien, inadmissible from the United States under paragraph (5)(A) or (7)(A)(i) of subsection (a), who is in possession of an immigrant visa may, if otherwise admissible, be admitted in the discretion of the Attorney General if the Attorney General is satisfied that exclusion was not known to, and could not have been ascertained by the exercise of reasonable diligence by, the immigrant before the time of departure of the vessel or aircraft from the last port outside the United States and outside foreign contiguous territory or, in the case of an immigrant coming from foreign contiguous territory, before the time of the immigrant's application for admission."
Paragraph (7)(A)(i) covers expired green card case. So the law does provide a legal way to re-enter with expired card. I never heard of the case where the waiver was denied in such circumstances.
For whatever is worth, years ago I was helping a lady at USCIS San Jose office (impromptu translation help) that was trying to get away from paying $150 or so fine for having come back to the US without Green Card, or with a expired Green Card, I don't recall exactly which. I think it was without GC altogether. This was around seven years ago, so things might have changed. The risks I can see are that they don't let you board the plane at all, or that if they let you they take you to secondary inspection here and keep you waiting and perhaps give you a fine.
I would say it is not worth the risk, so if you need to travel be proactive and apply for the renewal and try to get a stamp on the passport while you wait for the GC. Otherwise, save the money and travel around the country to help the national economy
I would say it is not worth the risk, so if you need to travel be proactive and apply for the renewal and try to get a stamp on the passport while you wait for the GC. Otherwise, save the money and travel around the country to help the national economy
Get your greencard renewed. It's Form I-90. Once your application is in, make an Infopass appointment. Tell them you're traveling within the month and have them stamp your passport.
FYI from personal experience, the Notice of Action you get after filing the I-90 is NOT GOOD ENOUGH. I traveled to Canada for the day on business while my I-90 was pending and got stopped by US immigration on the way back. I had my original NOA for the replacement as well as the original police report for my stolen card (my application was for replacement, not renewal). While they eventually let me in, I almost missed my flight while the immigration officers dicked around then gave me a big ole lecture. Apparently, a renewal/replacement is not a done deal. USCIS takes fingerprints and runs it through the FBI's system for an I-90 application. They CAN deny your application if they have cause. Permanent is not so permanent if they can take it away.
FYI from personal experience, the Notice of Action you get after filing the I-90 is NOT GOOD ENOUGH. I traveled to Canada for the day on business while my I-90 was pending and got stopped by US immigration on the way back. I had my original NOA for the replacement as well as the original police report for my stolen card (my application was for replacement, not renewal). While they eventually let me in, I almost missed my flight while the immigration officers dicked around then gave me a big ole lecture. Apparently, a renewal/replacement is not a done deal. USCIS takes fingerprints and runs it through the FBI's system for an I-90 application. They CAN deny your application if they have cause. Permanent is not so permanent if they can take it away.
sh1996 is right. Many interactions with USCIS like the GC renewal involve running your name and fingerprints through FBI, so if they dig up some criminal background one might end up getting in trouble. Years ago there were forever Green Cards, USCIS was pushing to invalidate these cards and force everybody to apply for new cards and get background checks. Some people might think this is a great idea. I don't think it is so great, if it were such a great idea we should do it to every citizen of this country. Mandatory fingerprints and background checks for everyone, after all Jeffrey Dahmer was as white American as can be and that didn't make him less of a criminal. They should apply that old adage of "what is good for the goose is good for the gander".
I also find particularly upsetting that one is paying for all that background checking that can ultimately lead to oneself being denied a benefit or deported
I also find particularly upsetting that one is paying for all that background checking that can ultimately lead to oneself being denied a benefit or deported
hoping in 2009
Registered Users (C)
sh1996 is right. Many interactions with USCIS like the GC renewal involve running your name and fingerprints through FBI, so if they dig up some criminal background one might end up getting in trouble. Years ago there were forever Green Cards, USCIS was pushing to invalidate these cards and force everybody to apply for new cards and get background checks. Some people might think this is a great idea. I don't think it is so great, if it were such a great idea we should do it to every citizen of this country. Mandatory fingerprints and background checks for everyone, after all Jeffrey Dahmer was as white American as can be and that didn't make him less of a criminal. They should apply that old adage of "what is good for the goose is good for the gander".
I also find particularly upsetting that one is paying for all that background checking that can ultimately lead to oneself being denied a benefit or deported
On this note I was talking with someone about why they make us go through fingerprints, background checks etc etc etc,, basically I said the same thing you said "they should check every citizen"
The person then gave me an interesting analogy:: IF someone in your family does something wrong do you turn them in?" (maybe-- maybe not depending )
Now if a stranger does something wrong then its easier to turn them in.
I said geesh thanks for me making me feel so welcome in the US LOL but I guess there is some truth in that they want to get rid of the "bad guys" and its easier if they are just PLR.
cafeconleche
Registered Users (C)
Of course! A citizen has a right to be in the country!