Blobstopher

Hi folks,

A quick question on the 1 year rule for returning to the USA with I-551 in the passport (not the physical greencard, I dont have that yet). I'm aware of the issues surrounding abandonment of LPR status.

My I-551 states that the visa is valid until August 2018. I assume this relates to the requirement to enter the USA within 6 months of the visa being issued (IR-1).

I now have a stamp in my passport showing an entry date in May 2018.

Is the I-551 in my passport valid for:

• 1 year from May 2018 (1 year from date of entry as permanent resident to United States)
• 1 year from March 2018 (1 year from when the I-551 was issued)
• August 2018 as stated on the I-551 in my passport (this places validity of I-551 to 6 months so I doubt this would be the case)

Thanks in advance.

civilservant

I, personally, would enter before the 1 year anniversary of the date of the I-551 stamp. You could argue the point multiple ways I guess, but I think that would be safest.

Noorah101

the first one. 1 year from May 2018.

the March date is when the immigrant visa was issued. The August date was when you had to use the visa, which you've done.

still, I would make your stay outside the USA less than 6 months.

Rene

S Folinsky

A "re-entry permit" can be used by a returning "lawful permanent resident" instead of a "visa" to be readmitted to the US.

A "visa" is a document issued by a consular office outside of the US to come to a Port Entry to apply for admission to the US.

Form I-551 is evidence of being a noncitizen who is a "lawful permanent resident." It is the "green card" (a colloquial name).

The initial immigrant visa is NOT an I-551. It is a "visa" good for one admission. Upon admission, the admission is endorsed which coverts the "visa" into a temporary I-551 valid for one year. Read the visa sticker - it says that .

An I-551 serves as a "re-entry permit" for return up to one year from departure. There is also a passport style reentrre permit valid for ten years. A returning permanent resident sans a re-entry permit can apply for an SB-1 "visa."

BTW, there is an issue of"continuity" of residence for naturalization purposes. This is a different issue but is often conflated with maintenance of permanent residence. OP appears to have conflated the two (people often do).

Myth: a permanent resident need return on a green card once a year to maintain permanent resident status.

Final point, "abandonment" issues is one of the more complicated areas of immigration law.

Blobstopher

All noted everyone, thank you for your responses.

Apologies for confusing the various terms. I do feel that I've got this far on a wing and a prayer without the use of a lawyer but circumstances have demanded that I do things this way. Lets hope my luck holds out.

S Folinsky

Nothing to apologize for. If you plan to spend extended periods of time outside of the US in the future, it may be a good idea to have a legal consultation before departure.

petitefrancaise

just tagging in here.
Folinsky DS has lost his GC. He has a re-entry permit (looks like a passport) can he use that to get on the plane home or will he need to get a replaicement GC?

crg

One small tweak to a very informative post....

The passport style reentry permit is normally valid for only 2 years.

petitefrancaise

yes. My son has this and it is valid for another year.
CRG can he use this re-entry permit without his gc to get back into the usa?

crg

Yes. The reentry permit is valid as a standalone entry document even without having the actual I-551 card. However, bring it if you have it. Having both can help avoid confusion with the airline and at the border.

petitefrancaise

ah thanks! He doesn't need the 'travel foil"?
no he doesn't have the GC. He lost/had his wallet stolen and it was in there.

He will be returning home to Texas but just for a month - should we wait and apply for a replacement card when he gets home or should he just do it now from Amsterdam?

S Folinsky

Mea culpa. You are correct; the book is normally valid for two years. (I think finger memory typed "ten" while mind thought "two.")

BTW, if an LPR is spending most time abroad while maintaining LPR status, the third and subsequent book re-entry permits will be issued for one year.

crg

I believe the I-90 can be submitted online from anywhere, but the applicant must be in the U.S. for the biometrics.