Two Passports and a green card

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Old May 8th 2020, 2:57 pm
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Default Two Passports and a green card

Good morning everyone,

I’m new here so please be gentle. I would like to ask some advice from you. Here’s my circumstance:

I hold both British and Irish Passports. I’m a green card holder currently in the change from a two year green card to a 10 year green card. My green card is linked to my British passport but I have obviously declared my Irish passport when applying for my green card. My British passport expires in February 2021 and I don’t want to change it yet as I’m going through the various phases associated with getting a 10 year green card and want to be able to show that passport when I go to any immigration office, as that is the one that is linked.
Disregarding the current COVID 19 travel restrictions for a moment, am I able to travel using my Irish passport which is doesn’t expire for some years yet? Would I be able to travel on the Irish passport, even if I carried my expired British passport, green card and extension paperwork with me? Or would they deny entry to me. I have declared my Irish passport too, it’s just not the one linked to my Green card?

Thank in advance for any advice.

Iain
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Old May 8th 2020, 3:58 pm
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Default Re: Two Passports and a green card

There's no passport directly 'linked' to your green card - you don't even need a passport to re-enter the USA if you have a green card.

You only need a passport to enter the country you wish to travel to.
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Old May 8th 2020, 4:09 pm
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Default Re: Two Passports and a green card

Originally Posted by Olly_
There's no passport directly 'linked' to your green card - you don't even need a passport to re-enter the USA if you have a green card. ....
This is correct, in many senses a green card trumps a non-US passport with respect to entering the US. Remember, a "green card' (common usage) is actually a "permanent residence card" and the significance of that name is clear in the wording, meaning a green card holder is a permanent resident of the US and cannot be denied entry.
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Old May 8th 2020, 4:39 pm
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Default Re: Two Passports and a green card

Your passport, which once held the CR-1 visa which allowed you entry to the US upon which time you become a conditional permanent resident, is irrelevant to your residency status. The I-551 stamp in that passport has long since expired as it is only good for 1 year from date of entry at the POE.

Prior to Covid-19, sending a British passport back to the UK for renewal, was very quick in turn around. What will it be in 2021? Probably need to the same as it was in 2019....a matter of a few weeks.

You will not be denied re-entry to the US because your British passport has expired. You can travel on the Irish one. A valid passport and your unexpired green card and/or the unexpired extension letter received from submission of the I-751 for the removal of conditions is all you need to successfully return to the US.

Last edited by Rete; May 8th 2020 at 4:41 pm.
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Old May 8th 2020, 6:03 pm
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Default Re: Two Passports and a green card

LPR status is not hooked to any nationality. I lecture on nationality law and just for anyone who might be interested, here are three cases:

Matter of Ognibene. (Note: this case predates the creation of E-2 status for Canadians)

Matter of Damioli. (I kind of admire the chutzpah of the immigration lawyer to even try this. But I digress)

Matter of B-R- (I believe that this opinion succinctly and accurately states why R- is to be considered not-Spanish and no real reason to disregard the statutory language).
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Old May 8th 2020, 6:56 pm
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Default Re: Two Passports and a green card

Thank you all so much for your replies so far. I guess I was mistaken about mu UK passport being the one linked to the Green Card because that was the one the I551 visa went into initially before emigrating.

I really appreciate everyones input.

Iain
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