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Lawful Permanent Residents (Green Card holders)
 

 

My spouse was granted conditional resident status (a green card that is valid for 2 years). What do we do to have the status removed?

You and your spouse are required to file a petition, form I-751, with the office of the United States Citizenship and Immigration Services (USCIS) to have the conditional resident status removed. The petition must be filed 90 days before the second anniversary of your husband/wife being admitted into the United States on an immigrant visa, or adjustment of status, if he or she entered on a fiancé(e) visa. Form I-751 can be obtained from the USCIS website www.uscis.gov . Please note that you cannot file the I-751 with the U.S. Embassy.

I was granted conditional resident status, but never filed to have the status removed. I've been outside the United States for longer than 12 months, how can I return?

Conditional residents of the United States who failed to file an application to have their conditional resident status removed are required to reapply for immigrant status by having their American citizen or Lawful Permanent Resident relative file an immigrant visa petition, form I-130, on their behalf.

How long can I remain outside the United States with my Permanent Resident Card (green card)?

You will maintain status, provided you do not remain outside the United States for longer than one calendar year and you maintain a bona fide domicile in the United States. Failure to return to the United States within one calendar year will jeopardize permanent resident status. If you are in possession of a valid re-entry permit ( form I-131) issued by the, United States Citizenship and Immigration Services (USCIS) you must return to the United States before the permit expires. You should be aware, however, that the final determination on your eligibility for admission into the United States rests with the USCIS at the port of entry.

How do I apply for a Re-Entry permit?

If you intend to stay outside the United States for more than one year, you are required to apply for a Re-Entry Permit, form I-131, Application for travel document. Generally, a Re-Entry Permit issued to a permanent resident is valid for 2 years from the date of issuance.

Important note: You must be physically present in the United States when you file the Reentry permit application.

Please also note that all applicants between 14 and 79 must also be fingerprinted as part of USCIS biometric services requirements. If the applicant departs the United States before the biometrics are collected, the application may be denied. The Embassy cannot assist you with the biometrics and will need to refer you to your local Application Support Center in the U.S.

Departure from the United States before a decision is made on an application for a Re-Entry Permit usually does not affect the application. The decision on form I-131 involves a determination of whether you have established eligibility for the requested benefit. USCIS will notify you of the decision in writing. An approved Re-Entry Permit may be sent to the U.S. Embassy for you to pick up, if you request it when you file your application.

The application for travel document, form I-131 and instruction, can be found on USCIS website

What if I have been outside the United States for longer than twelve months?

If you are not in possession of a valid re-entry permit, or your re-entry permit has expired, you will require a new immigrant visa to re-enter the United States to resume your residence there.

I've lost my Permanent Resident Card (green card); what do I do?

If you have been outside the United States for less than twelve months, you should contact Immigrant Visa Unit in order to inquire whether or not you are eligible to apply for a letter of transportation or visit our website for instructions on lost or misplaced green cards.

I'm a Lawful Permanent Resident of the United States. I have recently given birth to a child. What type of visa does he/she require to return with me to the United States?

You will not require a visa for your child if:

  • he/she is under two years of age; it is his/her first entry into the United States since birth;
  • and he/she is being accompanied by the parent who is applying for readmission as a permanent resident upon the parent's first return to the United States after the child's birth.

Your child will require his/her own passport, if not included on the accompanying parent's passport, and his/her long form birth certificate, listing both parents names. In the event that one parent is a citizen of the United States, the foregoing information should be disregarded and an application must be made for a U.S. passport.

I have a green card, but I'm only going back to the United States for a short visit. What do I do?

If you were a Lawful Permanent Resident (green card holder) and you have been outside the United States for longer than twelve months, or two years, if holding a re-entry permit, you will be required to either apply for a visitor visa, or if eligible, travel visa free under the Visa Waiver Program. It is recommended that you return your Permanent Resident Card, see below.

I have a Permanent Resident Card (green card) and I no longer wish to live in the United States; what do I do?

If you no longer wish to reside in the United States you may formally abandon your status by completing the form I-407. (PDF 622 KB) Mail the form I-407, with your Permanent Resident Card (green card) to the Immigrant Visa Unit. We request that you also send a self addressed stamped envelope, so that we can return a copy of the I-407.

My green card has expired, what do I do?

The United States Citizenship and Immigration Services (USCIS) informed us that persons who have an expired ten year Permanent Resident Card, commonly known as a Green Card, (I-551), who are at this time outside the U.S. can enter the U.S. without the issuance of a transportation letter, as long as the individual has not been outside the U.S. for more than six months.

The Transportation Companies, received a notification letter, issued September 13, 1999, informing them that they should permit boarding of any bona fide Lawful Permanent Resident (LPR) in possession of an expired Permanent Resident Card with a ten year expiration date, if the expiration date on the card is the only reason that the LPR would otherwise not be boarded. Airlines are to permit boarding without any penalty to the LPR.

Carriers were also informed that this policy does not affect Conditional Permanent Resident card holders with a two year expiration date. The Conditional Permanent Resident in possession of an expired Alien Registration Card must continue to have evidence that the Alien Registration Card expiration date has been extended.

Applications (I-90) for new Permanent Resident Card (Green Card) must be made with the United States Citizenship and Immigration Services (USCIS) in the U.S. as soon as possible.

For further instructions on how to renew your Green Card (form I-90), please review USCIS website: www.uscis.gov