Expired Extension letter Boarding a flight as a tourist

[AlephAlpha]

Hi guys Quick question , iv'e been outside the USA for a while (medical reasons) and i plan to come back soon , iam a lawful resident (GC Holder) which i lost the actual card(expired) but have the extension letter which expired few months ago , is it possible to book a flight as a tourist because i dont have any valid I551 form? so i m not really sure the flight company policies, and than enter the country as a resident?
thank you

[rkk09]

Hi,
As a GC holder, you will need to have a valid documents when you travel back to the USA. Expired GC card will make you to not enter the USA. At the time of port of entry, CBP Officer will surely raise a question about your expired documents and you will not have any positive at that time.
First you will have to take action to renew your GC.
Thanks

[newacct]

Were you a conditional permanent resident doing Removal of Conditions, and your I-751 receipt doubled as an 18-month extension letter? Or were you a non-conditional permanent resident renewing your green card, and your I-90 receipt doubled as a 12-month extension letter?

[AlephAlpha]

Conditional permanent resident with 18 months extension letter thats expired

[newacct]

Have you been out of the US for more than 1 year?

[AlephAlpha]

Yes

[longee94]

You should probably contact an attorney and then the nearest U.S. Embassy. They might be able to issue you a boarding foil that will allow you onto the plane. However, there is a real risk that because you have been out of the U.S for so long, they will deem that you abandoned your LPR status. If this is the case, you can expect difficulty re-entering the U.S or the prospect of a hearing at immigration court. Without the boarding foil, the chances that you will be allowed to board the flight are almost non-existent.

[Tibwa]

Hi guys Quick question , iv'e been outside the USA for a while (medical reasons) and i plan to come back soon , iam a lawful resident (GC Holder) which i lost the actual card(expired) but have the extension letter which expired few months ago , is it possible to book a flight as a tourist because i dont have any valid I551 form? so i m not really sure the flight company policies, and than enter the country as a resident?
thank you

Your story is pretty sad. I don't know your situation and why you let something like happen. ONE thing about immigration is that you need to fully understand your immigration status at all time to avoid such situation. No plane will allow you to board with expired documents. You need to contact a lawyer to help you because your LPR is likely deem abandoned. Because of COVID, there are a lot of consideration that might play in your favor but this need to be discuss with a skillful immigration lawyer and particularly because you were sick and if you can prove it.

[newacct]

Since you've been out for more than a year, the US consulate will not issue you a transportation letter / boarding foil. So unless you are in Mexico or Canada and can cross into the US by land, one of the only options you have to board a flight to the US is to apply for an SB-1 returning resident visa, and for that you would need to prove that you could not return any earlier due to circumstances beyond your control. This is pretty hard to do.

Another possibility is to wait for your I-751 to approve (hoping that there is no I-751 interview), and have someone mail you the new green card once it's sent to your address in the US, and use that to board the flight to the US. When you reach the US port of entry, you will be in the situation of someone with a green card who has been out for more than a year, where it will be up to the immigration officer at entry and/or immigration judge in removal proceedings to decide whether to let you in. Since your I-751 has been pending for more than 18 months, it is likely close to a decision.

Your idea of using some kind of visitor visa or ESTA to satisfy the airline to board the flight, and switch to entry as a permanent resident (with I-751 receipt) at the US port of entry, might also work. They can verify your pending I-751 in their system, and you would again be in the situation of a permanent resident who has been out for more than 1 year, and take your chances with the immigration officer and/or immigration judge.

Alternately, if your passport and visa can visit Canada or Mexico, you can travel to one of those first and try to enter the US by land (again, with I-751 receipt, and take your chances with the immigration officer and/or immigration judge).

[longee94]

Since you've been out for more than a year, the US consulate will not issue you a transportation letter / boarding foil. So unless you are in Mexico or Canada and can cross into the US by land, one of the only options you have to board a flight to the US is to apply for an SB-1 returning resident visa, and for that you would need to prove that you could not return any earlier due to circumstances beyond your control. This is pretty hard to do.
.

Yes, sorry. I meant to say SB-1.