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-   -   Green card renewal... (https://britishexpats.com/forum/us-immigration-citizenship-visas-34/green-card-renewal-729425/)

tropicalrains Aug 21st 2011 1:49 pm

Green card renewal...
 
Hi there, would be grateful for your feedback...

I missed the deadline for renewing my (two year) green card. My reasons are being worried as my mother who is abroad was readmitted into hospital for treatment as well as looking after my 1 year old and 2 year old...(it's very hectic).

We are now going through a congressman to try and expedite the renewal so I can travel next week to visit my mum...

Obviously time is very limited so I wondered (through your experiences) what chances I have of receiving a receipt notice by the end of next week so I can travel? Many thanks...

S Folinsky Aug 21st 2011 4:54 pm

Re: Green card renewal...
 
As an observer of these forums, I have often noted that people are unaware of the regulations. Many people do not know, for example that 8 CFR 211.1 must be read in conjunction with 8 CFR 211.3.

8 CFR 211.1(a)(2) makes reference to "a valid, unexpired I-551" while 8 CFR 211.3 describes a situation where an I-551 "shall be considered as unexpired."

meauxna Aug 21st 2011 4:58 pm

Re: Green card renewal...
 
Is your green card a "two year one" because you got it through marriage to a US citizen?

If so, "renewal" is not what you need to do. Please let us know.

tropicalrains Aug 21st 2011 5:11 pm

Re: Green card renewal...
 
Yes, it was through marriage to an American citizen...?

Noorah101 Aug 21st 2011 5:17 pm

Re: Green card renewal...
 

Originally Posted by tropicalrains (Post 9573097)
Yes, it was through marriage to an American citizen...?

Then you are not "renewing" your green card. You are applying to remove conditions via form I-751.

If you've submitted form I-751 correctly, and have contacted a congressman for getting it expedited, I doubt anyone here can tell you when things will happen. You didn't even say when you submitted the I-751 package, so how can we guess if you'll hear something by the end of next week?

My layman's opinion is that if you filed the I-751 a few weeks ago, you might get the 1-year extension letter by the end of next week. Keep in mind that you will also have to appear in person in the USA for your biometrics appointment, that cannot be done overseas, and your I-751 cannot be adjudicated without it. So don't leave the USA until you've completed your biometrics.

If you've just filed the I-751 package a few days ago, I highly doubt you'll have the extension letter by the end of next week.

Rene

ian-mstm Aug 21st 2011 6:34 pm

Re: Green card renewal...
 

Originally Posted by tropicalrains (Post 9572814)
I missed the deadline for renewing my (two year) green card.

My understanding is that if you did not submit an I-751 within 90 days of the expiry date on your 2-year GC, your status as a US permanent resident ended.



My reasons are being worried as my mother who is abroad was readmitted into hospital for treatment as well as looking after my 1 year old and 2 year old...(it's very hectic).
You are permitted, however, to submit a late application if the circumstances for the delay were beyond your control. TBH, I'm not 100% sure who it is who determines whether circumstances are beyond your control.



We are now going through a congressman to try and expedite the renewal so I can travel next week to visit my mum...
You are free to leave the US at any time... so visiting your mum probably shouldn't deter you... especially if she's been ill. The issue, of course, will be your return to the US... and I suspect that it's the return that concerns you more than the leaving.

Ian

S Folinsky Aug 21st 2011 11:43 pm

Re: Green card renewal...
 

Originally Posted by ian-mstm (Post 9573174)
My understanding is that if you did not submit an I-751 within 90 days of the expiry date on your 2-year GC, your status as a US permanent resident ended.

You are entitled to understand anything you want. It happens to be wrong, but you are entitled. :D

tropicalrains Aug 22nd 2011 12:49 am

Re: Green card renewal...
 
Thank you for your views. We sent the paperwork on Friday so let's see. Unfortunately I'm feelingpretty miserable about missing the deadline and the obvious tensions it has caused... (to add to the existing tensions I guess)..
I was told a receipt notice would be sufficient to allow me back into the country...? Thanks

Noorah101 Aug 22nd 2011 1:18 am

Re: Green card renewal...
 

Originally Posted by tropicalrains (Post 9573605)
I was told a receipt notice would be sufficient to allow me back into the country...? Thanks

If that receipt notice says that it extends your PR status for 1 year, then yes, that's the one. It takes a few weeks to get that in hand after filing the I-751. If you get any other kind of receipt that does NOT say it extends your PR status for 1 year, then that receipt won't get you back into the USA.

And, as I said, you have to stay at least long enough to get your biometrics done. I believe the biometrics appointment letter comes separately from the 1-year extension letter. Not sure which one you'll receive first.

Rene

S Folinsky Aug 22nd 2011 2:59 pm

Re: Green card renewal...
 
Sigh. Read post #2 in this thread.

fatbrit Aug 22nd 2011 3:12 pm

Re: Green card renewal...
 

Originally Posted by S Folinsky (Post 9574913)
Sigh. Read post #2 in this thread.

It's very useful.

But....how's it going to play out with the airlines and CBP?

S Folinsky Aug 22nd 2011 4:17 pm

Re: Green card renewal...
 

Originally Posted by fatbrit (Post 9574944)
It's very useful.

But....how's it going to play out with the airlines and CBP?

Precisely. We are in total agreement.:D

tropicalrains Aug 23rd 2011 5:58 pm

Re: Green card renewal...
 
Is there anyway of finding out if my I751 application has been accepted late before receiving the receipt notice through the post? Many thanks...

tropicalrains Aug 23rd 2011 6:44 pm

Re: Green card renewal...
 

Originally Posted by tropicalrains (Post 9577505)
Is there anyway of finding out if my I751 application has been accepted late before receiving the receipt notice through the post? Many thanks...

Does anyone know about Infopass? Is it possible to make an appointment with an USCIS officer to get a stamp (of some sort) which will allow me to travel (i.e return to the US) while my I751 is being processed? Thank you....

Noorah101 Aug 23rd 2011 7:33 pm

Re: Green card renewal...
 

Originally Posted by tropicalrains (Post 9577505)
Is there anyway of finding out if my I751 application has been accepted late before receiving the receipt notice through the post? Many thanks...

Not to my knowledge.

Rene

Noorah101 Aug 23rd 2011 7:35 pm

Re: Green card renewal...
 

Originally Posted by tropicalrains (Post 9577575)
Does anyone know about Infopass? Is it possible to make an appointment with an USCIS officer to get a stamp (of some sort) which will allow me to travel (i.e return to the US) while my I751 is being processed? Thank you....

Go to www.uscis.gov to find out how to make an InfoPass appointment. You won't know what answer you'll get from them until you go talk to them. You can certainly give it a try. Bring proof that you've filed your I-751, and proof that it's arrived at its destination. Keep in mind that even if they give you travel permission right now, you will need to be back in the USA to do your biometrics. Make sure someone is checking your mailbox at home and can let you know your appointment date.

Rene

tropicalrains Aug 24th 2011 2:51 pm

Re: Green card renewal...
 
Hi there, looks like they've deposited our check - is it safe to assume a receipt notice might be issued? (don't want to raise my hopes unnecessarily)...thanks

S Folinsky Aug 25th 2011 12:21 am

Re: Green card renewal...
 

Originally Posted by tropicalrains (Post 9579392)
Hi there, looks like they've deposited our check - is it safe to assume a receipt notice might be issued? (don't want to raise my hopes unnecessarily)...thanks

How sick is you mum really? I'm scratching my head wondering.

tropicalrains Aug 25th 2011 12:34 am

Re: Green card renewal...
 
Unfortunately, not a very helpful comment but I do think you actually must be rather knowledgable in the general area and people could benefit from your responses...

ian-mstm Aug 25th 2011 1:09 pm

Re: Green card renewal...
 

Originally Posted by tropicalrains (Post 9580398)
Unfortunately, not a very helpful comment but I do think you actually must be rather knowledgable in the general area and people could benefit from your responses...

At the risk of interpreting his comment, I believe Mr. Folinsky was trying to gauge your risk tolerance. If your mum is very sick, you will simply travel - because you are allowed to leave the US, and then worry about getting back until afterwards. If your mum is less sick, you can spend the time waiting until you have permission to return prior to leaving.

In other words, family concerns must come before immigration concerns. It's always been that way... always will be!

Ian

tropicalrains Aug 25th 2011 1:23 pm

Re: Green card renewal...
 
I naturally did weigh up these considerations against her current status. The risk of not being able to enter the country again was also a concern for me especially as I would be travelling with my 1 yr old and 2 yr old. If I did not have any small children, I would probably think differently. In any case, we provided all medical docs etc... so we'll see. Thanks for your views...

S Folinsky Aug 25th 2011 1:28 pm

Re: Green card renewal...
 

Originally Posted by ian-mstm (Post 9581290)
At the risk of interpreting his comment, I believe Mr. Folinsky was trying to gauge your risk tolerance. If your mum is very sick, you will simply travel - because you are allowed to leave the US, and then worry about getting back until afterwards. If your mum is less sick, you can spend the time waiting until you have permission to return prior to leaving.

In other words, family concerns must come before immigration concerns. It's always been that way... always will be!

Ian

Well taken. That said, there are often many varying emotional factors at work and I won't begin to get into OP's mind. However, perceived necessity for immediate travel is a fairly common situation in my experience. It turns out on occasion that the surface necessity is not really that deep at all. I'm not a psychologist.

I don't know here -- I wonder.


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