Expired I-551 stamp and Conditional Green Card while Abroad

[PeiNYC]

Hello everyone,

I obtained conditional permanent residence card through a qualifying investment in the U.S. (EB-5). I have been a conditional permanent resident since January 30, 2011. I filed an I-829 petition to remove conditions on residence on January 13, 2013 and received my I-797C then. After that, I have been getting the I-551 stamp every year at USCIS. The last stamp I got before I left the US expired December, 2021, and I have been outside the US since end of January, 2021.

I left the US Jan 2021 when Covid was at its peak without vaccination, and I stayed with family until now. This week, I applied for a SB-1 Return Resident Visa at the local US Consulate, but I was rejected. The consular told me the bar for this visa is very high, and later I learned many people opt for simply enter the US versus getting a SB-1. The counselor told me there are other ways for me to go back to the US, but she could not advise me as a consular. She advised that I speak to an immigration attorney. I also did not apply for a re-entry permit before I left the US.

My major concern is that my I-551 stamp expired and planes wont let me board. I believe I have a good chance getting through CBP officers entering US, since it is only a little over a year my stamp is expired. I know CBP changed some of the rules for Boarding Lawful Permanent Residents on March 5, 2021. The rule states:

For Expired Conditional Resident: Two-year validity

• A Conditional Resident with an expired PRC (with a two-year expiration date) may be boarded if also in possession of a Notice of Action (Form I-797)
• The notice of Action extends the validity of the card for a specific length of time, generally 18 months
• Do not board the traveler if they are not in possession of Form I-797.

The rule above did not mention anything about any I-551 stamp. I do have an expired two year conditional resident card, and a Form I-797C (for I-829) which was received January 31, 2013. The I-797C form notes "your Permanent Resident Card (Form I-551), also known as "green card" is extended 1 year.

Am I OK to board and enter the US with my expired two-year Conditional Permanent Resident Card, the I-797C I received Jan 31, 2013, and an expired I-551 stamp (expired on December 1, 2021)? If not, how could I get back to the US? The airport says they will only call their US line the day of flight to confirm I can enter the US, and cannot give me any answers before the day of my flight.

I am quite worried. I'd like to ask all of you here before reaching out to an immigration attorney.

Thank you all so much.

[newacct]

So, as you already know, the problem is not so much with the US port of entry (you have some chance of being let in by the immigration officer or immigration judge if you make it to the port of entry); the problem is really with the airline letting you board. Airlines are allowed to board people with an expired 10-year green card, but you have an expired 2-year green card. Removal of conditions receipts are now 48-month extension letters, but that doesn't help you because your green card has been expired for way more than 48 months. And you cannot file I-131A with the consulate to get a transportation letter because you have been absent from the US for more than 1 year. SB-1 returning resident visa is the only other regular option left, but you have already tried that and failed.

The only other thing I can think of is, if you can get a visitor visa to Canada or Mexico (or if your passport can visit Canada or Mexico visa-free), you can go to Canada or Mexico, and then try to enter the US at a land port of entry. This way, you bypass the problem of airlines not letting you board.