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10 year GC renewarl

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  • 10 year GC renewarl

    Hello, my mom’s GC expired July 2021 and she applied for a renewal in January 2021. USCIS sent an extension letter stating her GC is valid for 1 year after it expires. That period also ended a few days ago. We have a trip to India coming up in October. We tried to get an info pass appointment but USCIS sent an email stating an appointment is not available right now. Will she be allowed to enter the country if we travel to India? Is anyone else facing a similar situation?

    Thanks!

  • #2
    Call USCIS, and try to talk to a real person and get an emergency appointment to get an I-551 stamp because she has no valid proof of permanent residency right now and she has upcoming travel.

    If she has no I-551 stamp or green card, technically, if she makes it to a US port of entry, she will almost certainly be allowed in. In fact, the US government technically allows airlines to board people for travel to the US with an expired 10-year green card. See the 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.
    However, in practice, most airlines would refuse to board her with no valid proof of permanent residency. I am not sure if the Indian exit checks will even let her leave with no valid proof of permanent residency. In that case, she would need to file I-131A with a US consulate to get a transportation letter, and that costs $575. 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.
    I am not sure how easy it is to get an appointment at a US consulate in India. Given the extra cost and hassle, it is better for her to try to get an I-551 stamp while in the US.

    This is my personal opinion and is not to be construed as legal advice.

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    • #3
      Thank you for your valuable reply. It helped a lot and she got a I-551 stamp on her passport with a one year extension

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