Law & Legal & Attorney Immigration Law

Problems With Green Card Holder Reentering the U.S.

    Entry Denied

    • Any green card holder who intends to leave the United States for longer than a year must apply for a permit from the United States Customs and Immigration Service. The reentry permit is usually valid for two years and must be granted before the Green Card holder leaves the United States. This involves filing an I-131, Application for a Travel Document. Someone who is in the process of applying for a green card but has not yet received it must also file a I-131 if he needs to leave the United States for emergency reasons. Lawful permanent residents who stay outside for longer than a year without any permit may not be allowed to return to the United States.

    Stolen or Lost Green Card

    • A green card holder who has left the United States for less than a year can reenter the United States by showing her green card. If the traveler's passport has expired it is recommended that she keep it with her, but she does not need it to reenter the United States. However, if the green card has expired or was stolen while she was traveling, she must apply for a temporary document from the United States Consulate General or Embassy in the foreign country. Without it a traveler may be denied entry into the United States. The document, known as a Transportation Letter is only valid for a single entry into the United States. The traveler needs a valid passport, her green card number and passport photographs in order to apply for this letter. She must also fill out a form stating that she has lost her green card and report the theft or loss to the police. A notification is then be sent to the traveller advising her of when she can collect the transportation letter.

    Expired Green Card

    • Reentry can also be a problem if the green card has expired. Some airlines may refuse to board a passenger if the green card has expired. Green cards generally need to be renewed every ten years. The expiration date is a means of limiting green card fraud and counterfeiting. Renewal can take from weeks to months, so a traveler should be sure to apply well before he plans to travel. Although a traveler will not necessarily be denied entry to the United States if his green card has recently expired, he should be aware that it can delay his travel and cause problems.

    Expired Reentry Permit

    • If a traveler has a Green Card and has applied for and received a reentry permit before she left the United States and then stayed outside the country for longer than two years, her reentry permit is no longer valid. Before she tries to return to the United States she should apply for a SB-1 Visa which is also known as a returning resident visa. The application process requires a medical exam and involves establishing that the traveler is eligible for an immigrant visa. The application must be filed at the closest U.S. Embassy. The only exceptions to this is if the traveler is the spouse of someone who is in the U.S. military or of someone who is employed by the U.S. Government and is stationed abroad.

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