dear sir / madam
i have the 2 years green card and it is expired in November /2015 i have an application to renew and to remove the condition , can i go to visit overseas and come back here to usa while my application is pending
Robert L. SmithImmigration AttorneySan Francisco, CA ·
Yes, you may travel on your current Conditional Green Card. It is too early to file for the Removal of Condition, if your Green Card is valid until November. You would either need to travel now and be back before your current expiration, or wait until you file for the Removal of Condition and you receive your I-751 receipt notice. The issuance of the I-751 receipt automatically extends your work and travel authorization for one year. You may wish to consult with an immigration attorney to be certain you have your timelines straight before making any travel plans.
A little more clarification is needed. Have you already filed a self petition due to a final order of divorce? If so, then the I-797 can be used to seek an I-551 extension stamp after your card expires in November. In the interim, you should be allowed to travel whether you filed or not as long as your return before the card expires. However, if you are traveling without a spouse, then this may look questionable to CBP, which may ask questions and make notations to the record.
In general, the process of "jointly" removing the condition on your permanent resident status should be filed during the 90 day period 'before' the expiration of the Conditional Resident card. Good luck.
You should be able to travel if you either travel according to your valid conditioanl residence card and have valid passport, or if you have filed the I751 and have already received the original I797 Notice of Action for the I751 filing receipt notice. However, depending on your personal history, there may be other issues of inadmissibility not gleaned from your brief description that would prohibit admission. It is always best to seek the direct and individual consultation of an experienced attorney when you have questions of ability to remain or return to the US, since this forum is not meant as legal advice and cannot possibly review your circumstances without a discussion of your personal history.
