Was refused to board on plane Because of delta/airfrance/klm poor communication to customers

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Dec 24, 2018
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#1
On Friday 14th of December 2018. I was scheduled to fly through air France to paris from lagos nigerian (los)my final destination was Indianapolis Indiana United states.

When i got to the airport for boarding in los ,Nigeria. Delta/airfrance officials that do check Refused me to check in Because i have an expired green card with an extension document I797C . The DOCUMENT EXTENDED my greencard for the next 18 months.

I requested to see the supervisor, a white slim French man came up and refused me to check in. THEY SAID i can not fly through france Because of the nature of my document.
I was like my ticket has not been completely used! Can you change my itenery through ATL ..they said NO..i went to delta office..they also refused so
I had to call delta in United states to change my itenery for $900.
*i believe its delta/airfrance responsibility to reschedule my flight accordingly Because i have a complete travel document.

This is so annoying,fraustrating and unfair.
I paid for this service ,if you can't get me on board to fly through france due to whatever reason i believe its the company s responsiblity to change my itenery with me asked to make another payment.
Because this unfortunate situation, i had to miss my job on the 15th of December *checked in an hotel* paid $900 by myself to change my flight.

I need to be REFUNDED
 

Neil Maley

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#2
If you didn’t have the proper documents for your connecting airports, you aren’t due a refund. Every passenger is responsible for checking what documents are required to fly. No airline will advise you in what got require and all their contracts and terms tell you that.
 
Mar 17, 2015
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#3
Proper travel documentation is always the responsibility of the traveler. I do not know what the requirements are to transfer through France, as I am sure it differs depending on nationality. Some countries require visas or certain documents just for transferring there. If you can find where they should have let you on with your documentation, then you can write asking for a refund of the flight change. Otherwise, it is not their fault.
 
Likes: Neil Maley
Dec 24, 2018
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#5
Proper travel documentation is always the responsibility of the traveler. I do not know what the requirements are to transfer through France, as I am sure it differs depending on nationality. Some countries require visas or certain documents just for transferring there. If you can find where they should have let you on with your documentation, then you can write asking for a refund of the flight change. Otherwise, it is not their fault.
This is delta's fault ..i was not properly informed
Its the airline RESPONSIBILITY to inform travelers about any new development Because ...I INFORMED THE TYPE OF DOCUMENT I HAVE BEFORE PURCHASING MY TICKET.
I have the proper document to fly ..but i bought the tickets through delta and i informed the type of document i have .
***the document was an extension of green card ..(meaning the green card is expired but here is the the document showing that i have renewed or im processing the new green card all together with the expired green card...it was also written boldly that I CAN WORK AND TRAVEL for the next 18months.
***
***why did delta refused to change my ticket at no cost ? I believe they should have informed me about this ..They know i can not go through france and intentionally routed me through france because i told them te type of document got! Thats unfair ..
***why do i have to pay $900 extra
****why was i not REFUNDED of my excess luggage fees
 
Sep 19, 2015
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#6
What may be problematic is the transfer in Paris and the question of needing a transit visa with an expired Green card even though it has an extension

From Air France:

"Air France announces that transit visa is no longer required for Nigerian, Ghanaian, Liberian, Sierra Leonean and Indian Nationals if directly transiting in Paris (Charles de Gaulle only) to any destination if holding a valid resident permit or visa for the U.K, the U.S.A., Canada, Ireland, Japan, Bulgaria, Romania or the European Economic Area (EEA). In addition, he /she should hold a valid visa for the final destination..

From CPD, saying that the extension is valid for travel to the US

https://www.cbp.gov/sites/default/f...017-Nov/carrier-information-guide-english.pdf

The uncertainty may be whether the extension document is recognized for visa free transit at CDG and that is something I cannot answer.
 

weihlac

Verified Member
Jun 30, 2017
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#7
According to uscis.gov, the form I-797C is a notification only form and does not confer any greencard extension: "USCIS reminds those agencies that Form I-797C is only a receipt proving an applicant has submitted a benefit request; USCIS has not determined whether that applicant is eligible for an immigration benefit. " Without the correct document then AF has no option but to deny boarding.
 
Sep 19, 2015
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#8
According to uscis.gov, the form I-797C is a notification only form and does not confer any greencard extension: "USCIS reminds those agencies that Form I-797C is only a receipt proving an applicant has submitted a benefit request; USCIS has not determined whether that applicant is eligible for an immigration benefit. " Without the correct document then AF has no option but to deny boarding.
There is an I-&(&C Notice of Action form which extends the Green Card and is a legal document for returning to the US -- from the pdf I linked to above,

Notice of Action
A Conditional Resident with an expired Resident card (with a two-year expiration
date) may be boarded if also in possession of a Notice of Action (Form I-797). The
Notice of Action extends the validity of the card for a specified length of time,
generally one year. The “Receipt Date” of the form has no effect on the validity of the
card.
 

weihlac

Verified Member
Jun 30, 2017
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#9
There is an I-&(&C Notice of Action form which extends the Green Card and is a legal document for returning to the US -- from the pdf I linked to above,

Notice of Action
A Conditional Resident with an expired Resident card (with a two-year expiration
date) may be boarded if also in possession of a Notice of Action (Form I-797). The
Notice of Action extends the validity of the card for a specified length of time,
generally one year. The “Receipt Date” of the form has no effect on the validity of the
card.
Yes, there is a form, but it is not form I-797C. I-797C is a notification only form. If the OP really had only the I-797C form, they would not be eligible for entry into the US. Form I-797A appears to be the necessary document.
 

Barry Graham

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Jan 7, 2015
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#10
There is an I-&(&C Notice of Action form which extends the Green Card and is a legal document for returning to the US -- from the pdf I linked to above,

Notice of Action
A Conditional Resident with an expired Resident card (with a two-year expiration
date) may be boarded if also in possession of a Notice of Action (Form I-797). The
Notice of Action extends the validity of the card for a specified length of time,
generally one year. The “Receipt Date” of the form has no effect on the validity of the
card.
As you pointed out it seems like the I797C is not a notice of extension and that's what caused the problem.
 
Sep 19, 2015
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#11
As you pointed out it seems like the I797C is not a notice of extension and that's what caused the problem.
Barry and Weilac I am taking the OP at this word that the I-797C Notice of Action gave the information that the Action was the Extension of the Green Card. The PDF that I linked to from CBP specifically show that the I-797C Notice of Action can be used with an expired Green Card if the Action is the granting of an Extension.

I suspect the lack of clarity on the types of forms and what they mean may be one of the reasons that the CBP had to make a printed PDF with illustrations -- ie a picture book.

Here is a screenshot of the page with the illustration:
 

Attachments

Barry Graham

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Jan 7, 2015
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#12
Barry and Weilac I am taking the OP at this word that the I-797C Notice of Action gave the information that the Action was the Extension of the Green Card. The PDF that I linked to from CBP specifically show that the I-797C Notice of Action can be used with an expired Green Card if the Action is the granting of an Extension.

I suspect the lack of clarity on the types of forms and what they mean may be one of the reasons that the CBP had to make a printed PDF with illustrations -- ie a picture book.

Here is a screenshot of the page with the illustration:
In that case he should write to Delta using our contacts and include a copy of the Green Card and the I797C that proves he was still a permanent resident. I am puzzled why connecting through France was a problem if flying directly to the USA wasn't.
 
Likes: Neil Maley
Mar 14, 2018
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#13
Barry and Weilac I am taking the OP at this word that the I-797C Notice of Action gave the information that the Action was the Extension of the Green Card. The PDF that I linked to from CBP specifically show that the I-797C Notice of Action can be used with an expired Green Card if the Action is the granting of an Extension.

I suspect the lack of clarity on the types of forms and what they mean may be one of the reasons that the CBP had to make a printed PDF with illustrations -- ie a picture book.

Here is a screenshot of the page with the illustration:

There's definitely a conflict. USCIS is very clear that a I-797C can not be used for immigration purposes and is not used to inform an applicant of an extension. https://www.uscis.gov/forms/form-i-797c-notice-action

That's consistent with the text in your PDF but not with the image. That image appears to be out of date, as the USCIS site says that format has not been used since 2012.

In fact, the current I-797C has a header that says “THIS NOTICE DOES NOT GRANT ANY IMMIGRATION STATUS OR BENEFIT.”

If the OP was actually using a I-797C rather than an I-797, it appears Air France acted correctly.
 
Likes: Neil Maley
Sep 19, 2015
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#14
There's definitely a conflict. USCIS is very clear that a I-797C can not be used for immigration purposes and is not used to inform an applicant of an extension. https://www.uscis.gov/forms/form-i-797c-notice-action

That's consistent with the text in your PDF but not with the image. That image appears to be out of date, as the USCIS site says that format has not been used since 2012.

In fact, the current I-797C has a header that says “THIS NOTICE DOES NOT GRANT ANY IMMIGRATION STATUS OR BENEFIT.”

If the OP was actually using a I-797C rather than an I-797, it appears Air France acted correctly.
This is why people have to hire immigration lawyers, as the information is difficult to understand.

I am only doing this on memory from when a friend immigrated to the US and had to get status changed. One has the green card which is valid for X amount of years. One files to renew it. Filing of course means filing out form correctly and paying a fee. One gets the C form acknowledging the correct payment and properly filled out form and the Green Card is extended to allow for the processing time. The Form you are referring to says that the renewal has been permanently granted. But since the renewal time can take up to a year one gets 18 months extension before getting a permanent Form which is the one you are referencing. Green cards used to not expire, now one has to renew them every 10 years and one cannot renew more than 6 months in advance, yet the government can take a year or so to process, so there is the extension.

I think of this sort of confusion when I renewed my Global Entry -- the process of renewing, ie filing out the form, paying the fee, got my GE extended for 6 months-- even though I was not permanently approved for the full 5 years, so I could have used the GE kiosk although I had not been permanently granted the 5 years. Luckily my renewal was fast, less than two weeks and no need for another interview, which is done with some renewals.

But I believe if the documents said what the OP said, they are in accordance with what the CBP has published with their picture book -- but one can see how there is so much confusion. The picture book is for airlines to use.

Now AF may not think that the conditional extension is enough to grant visa free transfer at CDG, and that may be another problem......

But what a mess for the OP.
 

Dwayne Coward

Administrator
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Apr 13, 2016
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#16
This is delta's fault ..i was not properly informed
Its the airline RESPONSIBILITY to inform travelers about any new development Because ...I INFORMED THE TYPE OF DOCUMENT I HAVE BEFORE PURCHASING MY TICKET.
I have the proper document to fly ..but i bought the tickets through delta and i informed the type of document i have .
***the document was an extension of green card ..(meaning the green card is expired but here is the the document showing that i have renewed or im processing the new green card all together with the expired green card...it was also written boldly that I CAN WORK AND TRAVEL for the next 18months.
***
***why did delta refused to change my ticket at no cost ? I believe they should have informed me about this ..They know i can not go through france and intentionally routed me through france because i told them te type of document got! Thats unfair ..
***why do i have to pay $900 extra
****why was i not REFUNDED of my excess luggage fees
Saheed,

Unfortunately, all the airlines place the responsibility on the traveler for having the required international documentation to travel. They will only check on the actual date of the flight to ensure you have what is needed so they avoid any fines. We have written many stories on this in the past including the following:

https://www.elliott.org/case-dismissed-2/schengen-visa-requirements/

I'm afraid in most cases the airline probably won't refund the tickets, but that doesn't mean you can't try to appeal to the company. In some cases, a polite and concise email to the right company executives may provide credit to use towards a future flight as a goodwill gesture. You can write the airline using our company contacts:

https://www.elliott.org/company-contacts/delta-airlines/

I would also recommend reviewing the following post on how best to address your appeal to the company.

https://forum.elliott.org/threads/resolving-consumer-complaints-and-developing-a-paper-trail.8903/

Best of luck.
 

Neil Maley

Moderator
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Dec 27, 2014
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#18
In other words this has nothing to do with the US document?
Yes- he said he was refused boarding in Nigeria for his flight through Paris:

“When i got to the airport for boarding in los ,Nigeria. Delta/airfrance officials that do check Refused me to check in Because i have an expired green card with an extension document
. The DOCUMENT EXTENDED my greencard for the next 18 months.”

He didn’t have the proper documents to transit through France, had nothing to do with US requirements. A US resident with a passport valid for at least three months after return date is exempt from a transit visa. If you are a permanent resident you need a French Schengen Visa;

France Schengen Visa requirements
A valid passport or Travel document. Please make sure: your passport has been issued within the previous 10 years, your passport will be valid for at least three (3) months after the date you exit France or the Schengen Area.

A valid U.S. permanent residence card (“green card”) or a valid US visa with valid I-94 and/or valid I-20 or I-797 + 1 photocopy, or an Advance Parole document. (The B1/B2 visa holders must apply in their country of residence).

https://www.schengenvisainfo.com/france-visa/us-citizenship-passport-holders/
 

weihlac

Verified Member
Jun 30, 2017
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#19
This isn't entry in the US -- it is transit through France. Nigerians are required to get transit visas: https://www.schengenvisainfo.com/france-visa/airport-transit-visa/
If you read further on this site:

Foreigners who DO NOT NEED an Airport Transit French Visa, regardless their nationality are the following cases:

  • Holders of a diplomatic, or, service passport;
  • holders of green card,
  • French re-entry permit holders,
  • residency permit in one of the countries of the European Union, Iceland, Liechtenstein, Norway, Switzerland, Monaco, Andorra, Holy See, San Marino, Canada, Japan or the United States of America,
  • holders of the valid US visa;
  • spouse or minor child of an EU national;
  • as well as flight crew members.
It appears AF/Delta did not accept the green card validity.
 

Barry Graham

Administrator
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#20
Yes- he said he was refused boarding in Nigeria for his flight through Paris:

“When i got to the airport for boarding in los ,Nigeria. Delta/airfrance officials that do check Refused me to check in Because i have an expired green card with an extension document
. The DOCUMENT EXTENDED my greencard for the next 18 months.”

He didn’t have the proper documents to transit through France, had nothing to do with US requirements. A US resident with a passport valid for at least three months after return date is exempt from a transit visa. If you are a permanent resident you need a French Schengen Visa;

France Schengen Visa requirements
A valid passport or Travel document. Please make sure: your passport has been issued within the previous 10 years, your passport will be valid for at least three (3) months after the date you exit France or the Schengen Area.

A valid U.S. permanent residence card (“green card”) or a valid US visa with valid I-94 and/or valid I-20 or I-797 + 1 photocopy, or an Advance Parole document. (The B1/B2 visa holders must apply in their country of residence).

https://www.schengenvisainfo.com/france-visa/us-citizenship-passport-holders/
Indeed. That was what I was alluding to earlier when I said I was surprised it was only an issue when going through France. Having said that, @weihlac said it shouldn't be an issue in this case. Either this particular I797C is not adequate or the airline was wrong. I wish I could see a copy of the document but I wouldn't recommend posting it here.