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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