PetrifiedExPat

My conditional GC expires ~November (specifics with held) and I intend to apply to remove in ~August. Once I apply, do I have to mail off my current GC? We would like to travel to Italy in September and would therefore req. my GC in tow.

H

civilservant

No you don't

PetrifiedExPat

Tx!

Rete

When you have applied for the removal of conditions via form I-751 you will receive a notice from USCIS proving that your green card status and privileges have been extended for one year from the date it expires while you wait for adjudication of the I-751. Since this petition takes up to a year or more to adjudicate, you might need to get an I-551 in your passport just before the extension expires. Since your green card is based on marriage to a US Citizen, you will become eligible to petition for naturalization before the extension notice expires. (90 days before the third anniversary of your residency but a full 3 years of marriage to the same US Citizen). This act usually prompts a quicker adjudication of the I-751 as it must be done before the N-400 can be approved.

When traveling, be sure to carry the expired green card and the paper extension. Make copies to be kept in a safe place in case they are lost or stolen or damaged.

Noorah101

If you are filing the I-751 in August, you could be faced with a biometrics appointment in September. You might want to postpone filing the I-751 until you return from Italy, assuming that is still within the 90-day filing window.

Rene

S Folinsky

Recent change - the extension period is now 18 months.

zzrmark

I am going to hope that the 'paper extension' is nothing more than the I-797c that is sent in receipt of I-751 and which doubles up as a biometrics appointment notice and is then date stamped once you attend the biometrics appointment, 17th November 2017 in my case. The reason I'm hoping is because I have had no other paperwork from USCIS and there is absolutely no mention of extensions on this I-797c...

Rete

You're hoping correctly.

ellie_gbr

Just FYI - I filed my I751 in February and got a letter in late May/early June that said I would not need new biometrics but they would still keep the $85 biometrics fee (of course). Not sure how standard this is, but you might not have to re-do biometrics.

PetrifiedExPat

Thank you, and everyone!

I heard on Facebook (groan) that someone was asked for their extension letter, with a current GC that was about to expire. No more details were given. Even if 1 day is left on my conditional GC, I can still re-enter, correct?

Rete

You can enter the US with your EXPIRED green card and your valid extension letter.

PetrifiedExPat

How about if I try and enter with two months left, having not yet applied for the removal of conditions (aka no extension letter), some other posts on other mediums were suggesting this could be a problem. Is this false?

Noorah101

this should not be a problem. Your unexpired green card is valid for travel right up until the day it expires.

Rene

Rete

If you are really doubtful about the validity of the extension to allow you to return to the US after having applied for removal of conditions and with an expired green card, I feel that you should have a one time appointment with an immigration attorney. In the 20 years I've been around US immigration, have never heard of anyone refused re-entry with an expired green card and an extension letter.

Does it happen, most likely but then you have to know the full reasons why they're refused. A criminal history, an irregularity their status, etc.

An appointment with an immigration professional seems to be the best way for you to go for your own peace of mind.