Traveling with an Expired Green Card: What You Need to Know Before You Fly
In the previous blog we had discussed what documents a lawful permanent resident needs to carry when traveling abroad. In this blog we will discuss how traveling abroad can raise concerns when it comes to your documentation—especially if your Green Card has expired. It’s crucial to understand the requirements and steps you need to take to ensure a smooth re-entry into the U.S. when traveling with an expired green card. This article breaks down what you need to know if you hold either a 10-year permanent resident card (I-551) or a two-year conditional resident card and are traveling with an expired card.
Traveling with an Expired 10-Year Green Card (I-551)
If you’re a lawful permanent resident with a 10-year Green Card that has expired, you’re still recognized as a U.S. resident. Your permanent residency status remains valid even after your card expires. However, traveling with an expired Green Card can be tricky. Here’s what you need to know:
- Proof of Renewal Is Essential: If your 10-year Green Card is expired and you’re traveling internationally, you should carry proof that you have applied for a Green Card renewal. This proof comes in the form of a Form I-797 Notice of Action, which confirms that you’ve submitted your renewal application (Form I-90) and that USCIS has extended the validity of your Green Card while your new one is being processed.
- Risks of Traveling Without Proof of Renewal: If you don’t have this proof, you may face issues when trying to board your flight back to the U.S. Airlines are instructed not to board passengers with expired Green Cards unless they can show proof of renewal. This is because U.S. immigration officials at the port of entry might refuse to allow you entry if you cannot prove that your permanent resident status is still valid. To avoid being stranded abroad, always make sure to carry your I-797 extension notice if your card is expired.
Traveling with an Expired Conditional Resident Card (Two-Year Green Card)
If you’re a conditional resident, your Green Card has a two-year expiration date. Conditional residency applies to individuals who obtained their Green Card through marriage or certain business investments. Before your card expires, you must file a petition to remove the conditions on your residency, usually through Form I-751.
Here’s what you need to know if your conditional Green Card has expired:
- Form I-797 Notice of Action Extends Your Status: Once you file Form I-751 (Petition to Remove Conditions on Residence), USCIS will issue you a Form I-797, which extends the validity of your conditional Green Card for an additional 18 months while your petition is being processed. This means that even though your physical Green Card may be expired, your residency status remains valid as long as you have this extension notice.
- Make Sure to Travel with Form I-797: When traveling internationally, you must carry your expired two-year Green Card and your Form I-797 Notice of Action. Airlines are instructed to board conditional residents with an expired Green Card only if they have this document. Without it, you could face significant difficulties, including being denied boarding or entry into the U.S. upon your return.
- What Happens If You Don’t Have Form I-797?: If you don’t have your I-797 extension notice with you, airlines are likely to refuse to board you for your return flight to the U.S. This could leave you stuck in a foreign country until you can provide proof of your legal status. Therefore, make sure to have both your expired Green Card and the I-797 extension with you to avoid unnecessary complications.
Conclusion: Be Prepared for Travel
Traveling with an expired Green Card doesn’t have to be stressful, as long as you have the proper documentation. Whether you hold a 10-year Green Card or a two-year conditional Green Card, ensuring you have proof of renewal (Form I-797) can save you from potential travel disruptions. Before you leave, double-check that all your documents are in order so you can travel with peace of mind.
If you need assistance with renewing your Green Card, filing Form I-751, or ensuring you have the correct travel documentation, contact Sharma Law Offices, LLC for expert immigration advice.