I-551 and re-entry
#1
Forum Regular
Thread Starter
Joined: Oct 2017
Posts: 30
I-551 and re-entry
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:
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)
#2
Re: I-551 and re-entry
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.
#3
Re: I-551 and re-entry
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
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
#4
Re: I-551 and re-entry
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.
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.
#5
Forum Regular
Thread Starter
Joined: Oct 2017
Posts: 30
Re: I-551 and re-entry
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.
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.
#6
Re: I-551 and re-entry
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.
#8
American Expat
Joined: Jan 2004
Posts: 7,598
#9
#10
American Expat
Joined: Jan 2004
Posts: 7,598
Re: I-551 and re-entry
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.
#11
Re: I-551 and re-entry
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?
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?
#12
Re: I-551 and re-entry
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.
#13
American Expat
Joined: Jan 2004
Posts: 7,598
Re: I-551 and re-entry
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?
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?