Thursday, May 12, 2016


Frequently Asked Questions Regarding Legal Permanent Residents

Lal Varghese, Attorney at Law, Dallas

Q: I have a valid reentry permit (Form I-327) but have lost my green card or it is expired.  May I travel to the U.S.?

Per 8CFR 211.1, an alien in possession of a valid form I-327, Permit to reenter the United states (i.e. reentry permit), does not require a visa to reenter the United States.  Therefore, you may travel with on only your valid reentry permit.

Q: I am a legal permanent resident of the U.S.  While I was outside the U.S., I gave birth to a child.  Now I wish to return to the U.S.  May I take my child with me?

A: As outlined in 9 FAM 42.1 N1.1, a child under two years of age who was born of a Permanent Resident Alien mother during a temporary visit abroad does not require an immigrant visa in order to travel to the United States if the alien parent is in possession of a valid Form I-551 (i.e. green card), a valid reentry permit, or an SB-1 visa.  The child must be admitted to the U.S. within two years of birth and the accompanying parent must be applying for readmission upon first return after the birth of the child.  We suggest that the accompanying parent carry documentary evidence of his or her relationship to the child, including the child's passport and birth certificate.

Q: I am a legal permanent resident, but I wish to abandon my LPR status because I am now living abroad.  How do I do so? 

A: In order to abandon your LPR card at the U.S. Consulate General in Mumbai, the LPR must visit http://www.ustraveldocs.com/in, and schedule a Consular interview using Category 2 appointment slot. Please bring the following documents to your Consulate appointment.

•Valid Passport

•Completed Form I-407

•LPR card

•Reentry Permit(s), if any

However, if you would like to apply for a nonimmigrant visa in the future, you may surrender your LPR card during your nonimmigrant visa interview at the Consulate. For nonimmigrant visa appointments, please visit www.ustraveldocs.com.   Please note that we cannot accept Form I-407 and green card sent directly to our office by mail.

Q: My legal permanent resident relative passed away while in India.  Can the consulate assist me in getting a death certificate from the Indian government so I can claim my relative’s Social Security benefits?

A: No.  The consulate may assist in obtaining a death certificate from the Indian government only if the deceased was an American citizen.  However, a local attorney may be able to assist you in completing the formalities.  Click here for a list of attorneys who practice in our district.

Q: I am a US immigrant currently in India and I have received an appointment notification for biometric fingerprints from USCIS Service Center to complete processing of my legal permanent resident card. Can I do this at the US Consulate in Mumbai?

A: The U.S. Consulate General does not provide fingerprinting services other than the routine collection of electronic fingerprints for visa applicants.  If you entered the U.S. as an immigrant and need to complete processing for your legal permanent resident card, biometrics will be collected at the USCIS Service Center in the U.S. where your case is filed. If you received an appointment letter for biometric processing and have traveled to India, contact the USCIS office in New Delhi at cis.ndi@dhs.gov for further information on completing your application process.

Note: This is the third and last part of Question and Answers series of a three part article. The same information is available at www.travel.state.gov web site of the Dept. of State. Thanks.

Disclaimer:  Lal Varghese, Attorney at Law, with more than 36 (about 21 years in U. S. Immigration Laws) years of experience as an Attorney, mainly practices in U. S. immigration law and is located in Dallas, Texas. He does not claim authorship for above referenced information since it is obtained from several sources including USCIS, DOS web sites, AILA and other Internet based legal sources, and published for the benefit of the general public. Lal Varghese, Attorney at Law or the publisher is not responsible or liable for anything stated above, since it is generalized information about the subject matter collected from various legal sources. For individual cases and specific questions you are advised to consult any attorney of your choice or contact your State Bar Organizations or local Bar Associations or American Immigration Lawyers’ Association (AILA) for finding an attorney or for any legal help. You can visit our website at: www.indiaimmigrationusa.com or www.indiaimmigrationusa.blogspot.com or www.facebook.com/groups/usattorney for information about U. S. immigration law related matters. Lal Varghese, Attorney at Law can be reached at (972) 788-0777 or at his e-mail: attylal@aol.com if you have any questions.




















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