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NYjones

Question about re-entering USA without green card.

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Hello,

I have a question to ask regarding a permanent resident who has not been issued a green card as yet but is outside of the US.

The individual entered the USA in July and left in August before a green card was issued. The card was issued in October but he does not have it because it had to be redone due to an error on the crd. Apparently the biometrics interview was scheduled in December but was rescheduled to this month.

I wanted to know if the individual would have a problem re-entering the USA because they have been out of the USA for 5 months? The individual is a teenager so I am concerned that he may not know how to deal with any issues that may arise with immigration.

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The i-1551 serves as his temporary GC for a year.

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I 551 is the stamp in his passport.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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As stated, provided they have an I-551 stamp in their passport then there will be no issue.


Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

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Yes, there is a stamp in the passport. I was concerned because I have read that travel outside of the USA needs to be approved once the green card has not been issued.

Did he initially enter with an immigrant visa?

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Did they receive advanced parole before they left? Without it, they will not be able to enter.

Well I see the stamp says class until July 2015 so I guess entry is permissible for a year?

Did he initially enter with an immigrant visa?

There was a visa issued but it expired in August (a temp visa)

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All visas are temporary.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Not if he has a valid endorsed immigrant visa in his passport.


Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

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So there will be no issue resolved entering the USA?

Kindly specify what type of visa the child used?

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Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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