Leaving without green card

[mugs 0]

I have read that people who are LPR's can travel outside the U.S. for six months or less and return using only their passport and visa stamp (the stamp that was applied when they first entered the U.S.). As I understand it, in the case of some visa types (e.g. family based) these people have already applied for the green card (on the DS-230/DS-260) and done the required biometrics at the embassy in the country of origin.

People who are not yet LPR's (who have applied for the green card and are still waiting to do biometrics for it) need to apply for advanced parole or a reentry permit in order to leave the U.S. and come back.

My stepdaughter and her daughter (3 year-old) recently came to the U.S. on a family based visa (F1). They are in the process of waiting for their green cards and SS #'s in the mail.

The child would go back to China with her grandparents for a few months while her mother finds employment and arranges a more appropriate living situation. The plan is that when that is taken care of, she would come back to join her mother.

So at this point the child has her Chinese passport with the aforementioned visa stamp. Of course we would send the green card to her grandparents to use when they come back.

Would the passport with the stamp be enough for her to leave? Would the passport with stamp and green card be enough for her to return?

Thanks!

[aaron2020 11,651]

Hi,

The Chinese passport with the I-551 stamp is sufficient for her to leave. Your step-daughter may also want to give the grandparents a notarized letter allowing them to take her daughter out of the country. Here is a sample form from the US State Dept. that you can modify; http://photos.state.gov/libraries/unitedkingdom/164203/cons-acs/sample_letter_of_consent_to_travel.pdf

The Chinese passport and green card is sufficient for her to return to the US.

[mugs 0]

Thank you for the information and the form!