Green Card expiring soon, stuck in India

[chj8970]

Hi, My mothers Green card is expiring by July 15th 2020 and she is stuck in the lockdown in India. she traveled to India in December of last year - her return ticket was for March 25 2020. Since the lockdown was imposed she is stuck in India.

What is the best course of action for her? We have not yet filed for her green card renewal online. we can do online this asap if needed.

- I am trying to contact the embassy to see if they will give a temporary extension stamp in her passport or some other document that will allow her to travel back when flights resume. she lives in a city far away from any embassy/cpnsulate and traveling right now to any US consulate is not possible especially for an elderly person.

 

 

[cap-gap]

There’s no such thing as green card ‘expiry’.. just the validity of the physical card iOS limited... but the PR status can be considered A abandoned if she stays beyond 1 year..
she can visit the embassy if they reopen at all to get a 551 stamp so that she can travel..

on the other hand, there are plenty of Airindia flights from India to USA now if she really wants to come here.. so don’t expect any concessions if she stays beyond one year..

[PKH]

Same case with my parents too. They went back to India in September 2019. We were planning to get them here in March, but my father had some health issues, so he could not travel. I contacted USCIS and they suggested to file form I-131A  (Travel Document). However this form is to be filed in person by them in India which is not possible in this situation. Also both are 75+, so it's difficult for them to travel from Pune to Mumbai. My question is I can pay the required fees online but is it allowed to file the form online or through an agent?  I know the flights are open but still it's risky for them to travel at this age with COVID situation.

Thanks, Poonam

[kp999]

My parents are Legal permanent residents. They went to India in October 2019. Their green cards (10 year validity) were set to expire in April 2020. They planned to return before that date, but couldn't return in time due surgeries + travel ban. Since their green cards expired, they filed for renewal online based on an attorney's suggestion (they could not travel to embassy given their health situation + covid scare). Acknowledgement letters have arrived to my address in the US. I have sent them to India. Renewal is currently under processing. Current wait time is 11-12 months.

How can they return to US?  USCIS site suggests getting a boarding foil (stamp on passport) at the nearest local embassy. Has anyone been in this situation? What is the procedure?

Any suggestions are greatly appreciated.

[newacct]

5 hours ago, kp999 said:

My parents are Legal permanent residents. They went to India in October 2019. Their green cards (10 year validity) were set to expire in April 2020. They planned to return before that date, but couldn't return in time due surgeries + travel ban. Since their green cards expired, they filed for renewal online based on an attorney's suggestion (they could not travel to embassy given their health situation + covid scare). Acknowledgement letters have arrived to my address in the US. I have sent them to India. Renewal is currently under processing. Current wait time is 11-12 months.

How can they return to US?  USCIS site suggests getting a boarding foil (stamp on passport) at the nearest local embassy. Has anyone been in this situation? What is the procedure?

Any suggestions are greatly appreciated.

First, they can try to see if the airline will board them with an expired green card. Technically, the airline is allowed to board someone for travel to the US with an expired 10-year green card. See the CBP carrier information guide, page 28:

Quote

Cards with expired I-551s may be boarded without penalty if the card was issued with a 10-year expiration date.

And the I-131A page, under "Special Instructions":

Quote

 

Although regulations generally require an LPR to travel with a valid Green Card, U.S. Customs and Border Protection (CBP) policy permits a transportation carrier bound for the United States to allow 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.

 

If the airline won't board them with expired green cards (and the airline probably won't), they will have to file I-131A with a US consulate to get a transportation letter (boarding foil), which costs $575.

[kp999]

Hello there (newacct)

Thank you so much. This is immensely helpful. There is one confusion on this point though. 
 

Quote

 

If the airline won't board them with expired green cards (and the airline probably won't), they will have to file I-131A with a US consulate to get a transportation letter (boarding foil), which costs $575.

 

I am going through I-131A instructions. Page 2 states that:

Quote

If you have an expired 1) Permanent Resident Card (with a 10-year expiration date) or 2) Permanent Resident Card (with a two-year expiration date) and valid Form I-797, Notice of Action, indicating that status is extended, you may use these documents to return to the United States, and you do not need to file Form I-131A

 https://www.uscis.gov/sites/default/files/document/forms/i-131ainstr.pdf

So, looks like my parents are not eligible to file Form 131-A.  How can we ensure that Air India allows my parents to board in Hyderabad and New Delhi? I tried calling AirIndia, and there is no proper response.

Has anyone been in this situation? Were you able to board with an expired Green card (10 year expiration date) and I-797?

Thank you in advance!