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Boarding US-bound Flight with Expired Green Card

Boarding US-bound Flight with Expired Green Card

Old Jul 23rd, 2016, 08:25 AM
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Boarding US-bound Flight with Expired Green Card

Hi, I am worry sick about this and the research online I have done show very conflicting opinions. Therefore, I am hoping that someone with Real Life Experience may give me some advice.

My Green Card (GC) is expired and I submitted my I-90 renewal application online a few days ago. However, before I realize my GC is expired I had already booked my trip (air and hotel) to Spain leaving the US on 09-18-2016. It is highly unlikely that I will receive my new GC before the trip.

From my research it looks like I shouldn’t have any problem re-entering the US with the expired GC along with the Receipt for my renewal application. However, the problem seems to lie with not US Customs and Border Protection (CBP) but with the airline.

On their website CBP says that

“Please be aware that if your travel plans include air travel, many airlines will not board passengers with an expired green card. To be considered for boarding with an expired Green Card, you must have Notice of Action (Form I-797) verifying that you applied to replace it.”

However, some people say that it is not enough and that the airline will not let you board an US-bound with an expired GC, period, regardless of what BCP says.

If you have any Recent Real Life Experience in a situation like mine, I would really appreciate it if you may share it with me.

Also from my research, it is indicated that the safest way to ensure a trouble-free trip is to get a I-551 stamp on my passport from the USCIS. However, every time I check (that’s multiple times daily) USCIS says there is no appointment available for the coming 14-day period. I am trying to prepare for the worst case scenario because I worry that I can’t get an appointment in time to get the I-551 stamp. I don't want to be stuck in Spain.

Thanks.
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Old Jul 23rd, 2016, 10:06 AM
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Contact the office of your local congressional representative (member of the US House) and ask for help in getting the new C expedited.
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Old Jul 23rd, 2016, 10:06 AM
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...new GC expedited...
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Old Jul 23rd, 2016, 10:18 AM
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The problem with getting "any Recent Real Life Experience in a situation like mine" is that it is at best anecdotal and very dependent on the whim of the airline ticketing/gate agents who will be on duty the day you fly. If the airline agent denies you boarding telling him/her that the responders on Fodor's Airline Forum told you it would be OK won't amount to a hill of beans.

You already know you need an I-551 Stamp so do whatever you can to get that stamp BEFORE you fly. as cdc suggested, call your congressional representative and ask for help.
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Old Jul 23rd, 2016, 10:46 AM
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Upon more research, I see some people saying that USCIS now only gives out the I-551 stamp for emergency situations but business or leisure travel is not considered emergency. But I will try to get an appointment anyway.

Also, there are people saying that I should be able to get a Boarding Foil (Transportation Letter) from the US Embassy in Madrid. So I will try that if I can't get an appointment for or they don't give me the I-551 stamps before I leave.

In regard to talking to my elected Representative ... I have seeked help from them before for other matters. Suffice it to say that they aren't that helpful at all.
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Old Jul 23rd, 2016, 03:51 PM
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>>If you have any Recent Real Life Experience in a situation like mine, I would really appreciate it if you may share it with me.>Also, there are people saying that I should be able to get a Boarding Foil (Transportation Letter) from the US Embassy in Madrid. So I will try that if I can't get an appointment for or they don't give me the I-551 stamps before I leave.entirely up to the airline ground staff. If someone has been successful -- doesn't mean you will be, and if someone has been unsuccessful -- doesn't mean you won't be. But in the departure lounge is too late to find out.

In fact, the airline might not even allow you to board your flight out of the States --- or they might.

If it was me - I'd pay a change fee and re-book for several months out.
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Old Jul 23rd, 2016, 08:20 PM
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janisj,

<quote>: "In fact, the airline might not even allow you to board your flight out of the States --- or they might."<quote>

I can understand why for flight COMING IN to the U.S., but why wouldn't the airline let me board a flight LEAVING the U.S. with an expired Green Card? It is not a crime to have an expired Green Card. So what reason / logic would they have to not allowing me to LEAVE the U.S.? I honestly don't understand why you say that. Besides, unless things have changed recently, I don't recall the airline requiring any document beside my passport (maybe my driver's license additionally) for flight LEAVING the U.S. Have things changed recently?
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Old Jul 23rd, 2016, 09:50 PM
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>>I can understand why for flight COMING IN to the U.S., but why wouldn't the airline let me board a flight LEAVING the U.S. with an expired Green Card? > It is not a crime to have an expired Green Card.
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Old Jul 24th, 2016, 07:18 AM
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>> It is not a crime to have an expired Green Card.
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Old Jul 24th, 2016, 09:49 AM
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"I have seeked help from them before for other matters. Suffice it to say that they aren't that helpful at al"

Obviously will depend on the Rep. I used to advise foreign students and the Rep. was a godsend. When I moved to another city, suggested the same thing to friends who needed help (similar - had Green Card but some complex stuff) and they had a good experience. Then other friends in another city had a lousy experience. If you ask me to predict which Congressional districts have good Reps., I couldn't possibly. But that doesn't mean it isn't worth trying.

I suspect some will be mindful that they have potential voters making the inquiry, or people who will spread word-of-mouth praise. I've known of situations, too, where a local political leader (e.g., party leader or community figure) places the call on behalf of the person needing help.

Lots of ways to try to solve the problem. Plan prudently and don't rule out anything that might help.
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Old Jul 24th, 2016, 09:59 AM
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<quote> You sure about that? If your card has expired your permission to be in the country has expired. <quote>

Absolutely. It is a well known FACT. Unless your status is the "Conditional Permanent Resident" class, like when you are granted the status via marriage. In that case, your status is only for 2 years and before the 2-year period comes, you need to apply to remove the "Conditional" status in order to grain the "Lawful Permanent Resident" status for which your status will never expired or be taken away unless you commit any offense that is worthy of a legal removal of your status.

janisj, I understand there are a lot of unknown factors ... like the particular mood the airline clerk is in at the moment I check in ... even though the CBP website says that I should be OK. I understand that. Sure. But my goal here is to gain info, not to argue. I just like to hear people's real life experience, that is to say, beyond just "theory", that's all. Do you have any personal experience or do you know anyone who dose?
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Old Jul 24th, 2016, 10:04 AM
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<quote> Absolutely. It is a well known FACT. <quote> Edit to Add: What I say above refers to the fact that the Lawful Permanent Resident status does NOT expired even the Green Card itself expires. Just want to clarify.
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Old Jul 24th, 2016, 10:06 AM
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Can't be bothered to look up the details again (did so a couple of weeks ago), but if you stay out of the country too long your status WILL expire.
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Old Jul 24th, 2016, 10:10 AM
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And there is this, from alllaw.com:

"The key thing to understand, however, is that one of your obligations under U.S. immigration laws is to carry a valid green card with you at all times. If you are caught with an expired green card, or an old-style green card with no expiration date, you could be prosecuted for a misdemeanor. Having a crime on your record can lead to other problems, for example when you apply for U.S. citizenship."
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Old Jul 26th, 2016, 07:29 PM
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>>But my goal here is to gain info, not to argue. I just like to hear people's real life experience,may need to find yourself a new forum -- I doubt many Fodorites have any experience traveling w/ expired Green Cards . . . just sayin'

And it does seem you do want to argue just a bit . . .
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Old Jul 29th, 2016, 06:23 PM
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To be honest, asking your congressional representative to help you get your green card extended really won't help all that much. Your best and safest bet is to find your local Citizenship and Immigration Services office, take your passport, your green card and proof of filing of your I-90, and they should actually stamp your passport. To also be on the safe side take your travel itinerary with you. Because processing times for green cards are around 9 months, you won't get it in time. I've stamped plenty of passports, and that will actually be faster than contacting your representative.
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Old Jul 29th, 2016, 06:30 PM
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Please understand, just because your card is expired it does not mean your permission to be in the country has expired. It just means you have no current proof of your legal status. But you are still a permanent resident. I do agree that an airline may not let you board to leave, but they most likely will not let you board coming back. And even if they do let you board, it's up to customs to actually allow you in. I don't know where you heard or read about stamps only being given for emergency purposes, that is not true. The only changes that have occurred in regards to the stamps has to deal with filing for naturalization. If you're not leaving until September, check online at least twice a day for available appointments. And if you're close enough to an office try to see if they will take walk-ins. And I have yet to hear of anybody being charged with a misdemeanor for not caring of valid green card with them. It sure will not give you a hassle when you apply for naturalization
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Old Jul 29th, 2016, 07:02 PM
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>>And even if they do let you board, it's up to customs to actually allow you in.
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Old Jul 29th, 2016, 07:34 PM
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And a new poster with no profile doesn't carry much authority even without obvious errors.
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Old Jul 30th, 2016, 04:29 AM
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Immigration gives the person the benefits, however, it is Customs that has final say as to who is and is not allowed into this country. They have the right to refuse admission into this country. Who do you thinks stamps passports and admits people? Immigration is not found at US ports of entry, that would be Customs and Border Patrol. But just ignore the person who actually works for the agency, because obviously people who don't work immigration and have never held a green card but have a profile here have much more power and knowledge.
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