QUESTION
How to return to the USA after abandoning LPR
Asked on Jul 18th, 2022 on Immigration - Massachusetts
More details to this question:
My mother who has an active greencard, but an expired travel document is trying to return to the USA. 1) After completing form I-407, where does she mail or email it to? 2) Should she expect a response or proof that she filed I-407 before being allowed to travel to the USA? 3) After completing I-193, where does she mail or email it to? 4) Should she expect a response or proof that she filed I-193 before being allowed to travel to the USA? 5) If by completing form I-193, she will be allowed to travel to the US without a visa or travel document, what kind of documentation does she need to present at the airport in Saudi Arabia and the custom petrol checkpoint in the USA to be permitted to fly and enter the USA? 6) Where does filling form DS117 fit into all this? 7) Does she apply for form I-131 for a new travel document at any point here? 8) What is the best way to work with an immigration lawyer in this case.
1 ANSWER
Immigration and Nationality Law Attorney serving New York, NY
Partner at
Alan Lee & Arthur Lee, Attorneys at Law
3 Awards
If your mother has an “active” green card which is not expired and has not been out of the US on this trip one year or more, she would be able to return on the basis of the green card by presenting it to the air carrier and to U.S. Customs and border (CBP) inspection officers. If the green card is not expired, but your mother has been out of the US for one year or more and a reentry permit is expired, she may be able to present the green card to the air carrier and U.S. Customs and border inspection officers along with explanations and proof as to why she did not reenter the US within one year of leaving. If CBP wishes to admit her with a waiver, it can allow her to fill out and pay for an I-193 application for waiver of passport and/or visa. An alternative for your mother is to apply to the consulate or embassy for a special immigrant visa (DS-117) if she is able to prove that she had a good emergency reason for not being able to return to the US within the one-year validity date of the green card or the time on a reentry permit. On the other hand, if she is abandoning the green card now, she would send in the I-470 form to the Williston, Vermont, address on the instruction to the form, and then could possibly apply for and obtain a visitor’s visa from the American consulate or embassy. With reference to an I-131, a reentry permit cannot be applied for by an individual outside the U.S. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Aug 10th, 2022 at 2:48 PM