Travel With Expired Green Card and Pending I-90

Can I travel abroad with an expired 10-year green card and an I-797C Notice of Action? My 10-year green card expired in August 2021, I already filed a renewal application, and just received my I-797 Notice of Action letter (application receipt confirmation) and a letter with my biometrics appointment. I have a trip planned to Germany in January 2022 and USCIS customer service told me that the processing of my application will take 6-8 months. If I do not get my new green card on time, can I travel with my expired green card and the I-797C letter? In that case, I should try to get an I-551 stamp into my passport? Thanks!
— Anonymous

The rules and procedures changed in January 2021.  Prior to that date, generally speaking, it would not be in your best interest to travel outside the United States with only your expired green card and a receipt notice indicating that you filed Form I-90, Application to Replace Permanent Resident Card.  You would sometimes receive a sticker on the back of your green card at your biometrics appointment that would extend the validity of the green card for a year.  But, if you had to travel outside of the United States and you had not received the new green card and/or did not have the sticker on the back of your card, you would have had to make an INFOPASS appointment to visit your local district office to have an I-551 stamp placed in your passport. That stamp was temporary evidence of your lawful permanent resident status.

Effective January 12, 2021, the receipt notice language has changed.  The expiring or already expired green card, together with the Form I-797C receipt notice for the Form I-90, is sufficient proof of lawful permanent resident status for twelve months from the date on the front of the green card.  The I-551 stamp would only be needed if more than twelve months has passed since the green card expired.  These two documents would replace the need to obtain the I-551 stamp.

Unfortunately, it is impossible to predict with any amount of certainty how long it will take the United States Citizenship and Immigration Service (USCIS) to make a decision on a pending application or petition. In our law firm’s history, we have received green card renewals, where there were no legal or factual impediments, anywhere from a few months to over a year from the date the Form I-90 was filed. It is important to note that every case is different and there are a lot of factors (some of which are out of the applicant’s control) that affect how long it will take USCIS to issue a decision on the application. Once you receive the green card and before you travel, you must verify that all of the information on the new green card is accurate. On occasion, USCIS will misspell the applicant’s name or print the wrong date of birth.

Overall, it appears that your Form I-90 is on the normal processing track and that you should receive a decision soon. If you have additional questions about the I-90 application process, it would be wise for you to consult with an experienced immigration attorney.

Michael Shane and Evan Shane, Immigration Attorneys

Last updated on 11/12/2021