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Immigration Issues/Travel with expired Green Card


Dear Mr. Hollander,

My wife is Dutch (so I am hoping you can help, based on your name...).   We have booked a trip to the British Virgin Islands for FEB 9th.   She just realized her Green Card expired in April 04.  She applied on line on 1/13/06, but it is apparent she will not have a new green card by 2/9.  She may not even have a biometrics appointment.   If we travel, will she be readmitted to the US?    She has lived here for over 20 years (except for a while in Germany  --I was in the Army).  We have 3 kids.  She has a receipt from DHS -- Form I-797C, Notice of Action --- acknowledging that she has filed for a replacement and paid her $190.   We went to Newark INS today to see if they could extend the expired card.  They said the don't do that anymore.   The lady suggested she might be able to travel with the expired card and the I-797C, but seemed unsure.
Thanks in advance.
Carl Tegen

There is no guarantee she will get in with the expired card and the I-797. If she gets the biometrics appt before she leaves, they will give her an extension strip on the card. Oterhwise she is taking a risk of not getting back in. If she does go with the expired card and I-797, she should also go to the U.S. embassy abroad when she is there and get a " transportation letter".



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Robert Hollander<B> Esq.</B>



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