In this article, we will cover important information about Form I-751, Petition to Remove Conditions on Residence, including what it is and when it needs to be filed. We will also address whether it’s possible to travel while an I-751 application is pending, what risks a permanent resident might face, and what documents they need to carry. By the end of this article, we hope to provide a better understanding of how to protect an immigration status while traveling with a pending I-751 application.
Disclaimer: The information provided here is for general informational purposes only and should not be construed as legal advice. The immigration process and requirements can be complex and may vary depending on individual circumstances. It is highly recommended to consult with an immigration attorney or qualified professional for personalized guidance regarding a specific situation. The decision to travel while an application is pending is ultimately the responsibility of the traveler.
What is an I-751?
Having conditional permanent resident status means that the green card that was granted is valid for only two years. Eventually, the conditional resident or two-year green card holder will need to file Form I-751 to remove the conditions on their green card and obtain a standard 10-year green card. This form is also known as the Petition to Remove Conditions on Residence.
Typically, individuals who receive a two-year conditional green card have been married to their US citizen or permanent resident spouse for two years or less when they applied for their green card and will need to file an I-751 to remove conditions.
When does Form I-751 Need to be Filed
USCIS requires that Form I-751 be filed within the 90-day period leading up to the expiration of the conditional resident’s two-year green card. The processing time for an I-751 varies, but it can take months or even years in some cases. It is important to note that the processing times may change due to various factors, such as USCIS workload, the complexity of the case, and other external factors. While these timelines may seem long, USCIS does grant extensions for expired green card holders who file the I-751 on time. We will go over this in more depth later in this article.
For more information on Form I-751, please see the following articles:
Can You Travel While Your I-751 is Pending?
When it comes to traveling with a pending I-751 application, it’s important to understand the unique circumstances surrounding the validity of a two-year green card. Typically, individuals file their I-751 petition within the 90 days before their conditional green card is set to expire. This means that during the I-751 processing period, individuals have an expired green card that cannot be used for work or travel.
To address this situation, USCIS sends an extension notice to the applicant upon receiving the I-751 application. This notice, when combined with the expired green card, serves as proof of extension and extends the validity of the green card for a period of 12-48 months, depending on the length of extension granted. This extended validity works as proof of holding Permanent Resident status and can be used for things such as traveling outside the US and continuing to work.
It’s important to note that both the extension notice and the expired green card must be presented when entering the US or seeking employment. Together, these documents serve as valid proof of Lawful Permanent Resident (LPR) status. Presenting one without the other will not be considered sufficient proof.
Additionally, applicants have the option to visit a USCIS field office and obtain an I-551 stamp in their passport as additional proof of the green card extension once they have the I-751 extension notice. While obtaining the I-551 stamp is optional, it can provide further assurance when traveling or seeking employment.
Before Departing
Before departing, permanent residents should ensure that their application is still pending and does not have any important updates pending, such as appointment scheduling, requests for evidence, approvals, and/or denials. They should also make sure that their current green card and other documents, such as their passport or any necessary visas, are up-to-date and valid. Additionally, when traveling with a green card extension, it is important to return to the US before the extension expires.
It is also important to note that traveling with a pending I-751 application can come with risks.
The permanent resident with a pending I-751 will potentially be scheduled for both biometrics and interview appointments and will need to attend those appointments if scheduled. Also, remember to follow USCIS guidelines (discussed below, in part) to not abandon status by spending too much time outside the US or taking up residence in another country.
Length of the Trip
A legal permanent resident is expected to live in the US. A permanent resident can travel outside the US, but there are a few things to keep in mind when doing so. The trip must be temporary, and typically, the traveler cannot remain outside the United States for more than 1 year.
Absences of more than 180 Consecutive Days
Trips of 180 days or more can invite additional questions about the nature of a trip outside the US. When returning from a trip abroad, the Customs and Border Patrol (CBP) officer may ask a traveler with a pending green card application or extended green card additional questions about their trip like:
- Where have they been outside the U.S.?
- How long were they there?
- What were they doing there?
- Why are they coming to the U.S. now?
- What ties to the U.S. did they keep while they were away?
Generally, the CBP officer asking these questions is trying to determine the reasons for the immigrant’s overseas trip and their intent to maintain the U.S. as their principal place of residence. At the port of entry after their travel abroad, they may be asked to provide evidence that the intending immigrant has continuing ties to the United States and that they intend to continue living here. For example, documentation of ongoing employment in the United States may be requested.
Absences of more than 365 Consecutive Days
A green card can become invalid for reentry if the permanent resident has been outside the United States for one year or more. Additionally, a US permanent residence may be considered abandoned for absences shorter than 1 year if the permanent resident takes up residence in another country.
Permanent residents of the US who plan on being outside the country for more than one year can apply for a reentry permit, which ensures that the resident did not intend to abandon their status. A reentry permit is obtained by filing Form I-131, Application for Travel Document, which should be filed and approved prior to leaving the US
Eligibility for US Citizenship
It’s crucial for permanent residents to be mindful of their travel duration to ensure they maintain eligibility for US citizenship. Prolonged absences may disrupt a green card holder’s continuous residence requirement and could impact their eligibility for naturalization.
Documents to Carry While Traveling with a Pending I-751
Permanent residents should carry both their expired green card and the I-797 receipt notice, which has the extension on it. In addition to these documents, permanent residents should carry other identification documents, such as their passports and driver’s licenses. It’s also a good idea to have a copy of a travel itinerary.
As a reminder, border entry requirements can change depending on current national or global circumstances, so travelers should be sure to check the CBP website before traveling outside the US so that they can be aware of any travel restrictions or special rules that may be in effect temporarily.
It is also important to note that Green Cards serve as proof of permanent residency in the United States and do not impact an individual’s status as a passport holder for their home country. When planning travel to other countries, such as Canada for example, it is important to review the specific travel requirements based on the passport held rather than relying on the US Green Card. Each country has its own entry requirements, visa regulations, and passport validity rules that should be consulted to ensure a smooth and hassle-free travel experience. Travelers should remember to check with the relevant authorities and consulate of the country they plan to visit to stay informed about the specific travel requirements based on their passports.
It’s important to carry the required documents to avoid any complications at the border. If a permanent resident doesn’t have the necessary documents, they may be denied entry or face additional questioning. However, if they have the required documents, they can help prove their identity and immigration status, making it easier to enter the US.
Entry into the United States is at the discretion of the Border Patrol officer. Avoiding doing things like breaking laws, lying, or failing to follow customs or entry requirements can reduce the risk of problems at the border.
Loss of Critical Documents While Abroad
If a permanent resident loses any of their documents while abroad, they should take immediate action to replace them. Contact the nearest US consulate or embassy to report the loss and apply for replacement documents. It is also a good idea to always keep high-resolution digital copies of the documents as well.
The US embassy or consulate may be able to issue a boarding foil, also known as a transportation letter or boarding letter, which is a temporary travel document issued by a US embassy or consulate to individuals who are permanent residents of the United States but have lost or do not have a valid green card. It allows them to travel back to the US and serves as proof of their immigration status. The boarding foil is typically issued in urgent or emergency situations when the individual cannot obtain a replacement green card before their planned travel. It is important to note that a boarding foil is only valid for a single entry and should be used in conjunction with other identification documents, such as a passport, to facilitate re-entry into the United States.
Conclusion
When a permanent resident has a pending I-751 application and plans to travel, it’s crucial to stay informed about the rules and regulations. Entry requirements can change depending on current national or global circumstances, so be sure to check the CBP website. To ensure a successful trip, make sure to carry the expired green card, the I-797 receipt notice, and other identification documents. These documents are essential for re-entering the United States.
In case any of these documents are lost, don’t panic! Contact the nearest US embassy or consulate immediately. Seeking professional advice can also help clarify any questions or concerns about the process. Having high-quality scans of all documents stored in a safe digital location can be helpful in situations such as this.
Remember, protecting immigration status is crucial when traveling with a pending I-751 application. Taking the necessary steps can help ensure a smooth trip and prevent any issues with immigration status. We hope this article has been helpful in providing the information needed to travel with confidence. Stay informed and take the necessary steps to protect your immigration status.
We encourage you to stay informed and take the necessary steps to safeguard your immigration status while traveling. Remember, this article provides general information and is not a substitute for personalized legal advice. If you have specific questions or concerns, consult with an immigration attorney or qualified professional who can provide guidance tailored to your situation.
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