Immigration corner - Green card travel privileges

Hi Mrs Huntington-Walker,

My brother (principal applicant) is scheduled for his immigrant visa interview next month, based on his mother's (a US citizen) petition for him.  Assuming he receives approval next month and departs for the US in December 2010, along with his young daughters (derived beneficiaries) once he receives his Green Card, can he travel outside the US for less than one month and return to the States without any issues?

Once he and his daughters receive their green cards, should he decide to have his daughters continue their schooling in Jamaica for a few years, will he need approval from the USCIS to do this? If so, what type of form would he need to file?

Further, once my brother is eligible to apply for US Citizenship, will the fact that his daughters, as US green card holders were outside the US for more than six months impact his eligibility for filing or their deriving US citizenship from his petition?  I appreciate any guidance you can provide.

P.F.

Dear PF:

When a person is approved for an immigrant visa, their passport is stamped with an I-551 visa. This I-551 visa is, in fact, the immigrant visa or proof of permanent resident status. The green card is an I-551 visa and is sent in the mail in two-to-six months after the immigrant's arrival in the US. The visa stamped in the passport is usually valid for six months.

It is important to note the expiration date of the visa stamped in the passport for a couple of reasons. If the green card does not arrive from United States Citizenship and Immigration Services (USCIS) by the time the visa expires, the immigrant needs to make an Info Pass appointment at the local USCIS office to have a visa extension stamped in their passport. This extension, like the original I-551 visa, permits the new immigrant to travel back and forth to the US and is proof of their permanent resident status.

Info pass appointment

The Info Pass appointment has to be made via the internet at www.uscis.gov. If the immigrant does not have access to the Internet, they can go to the local USCIS office and they provide kiosks with computers to facilitate the scheduling of the appointment.

The second important reason to note the expiration date of the I-551 visa is that if it expires with the immigrant being outside of the US, it is going to present challenges to returning to the States. The immigrant would need the permission of the US Embassy to return to the country, as the airline would not allow that person to board the aircraft with an expired I-551 visa.

A permanent resident of the States is supposed to live and work in the US. If you intend to be absent for an extended period, USCIS requires you to apply for a re-entry permit. If the re-entry permit is granted, it will allow you to remain outside of the US for up to two years without jeopardising your permanent residency status. Your brother can either hire an immigration attorney to process the re-entry application package for him or he can go to www.uscis.gov to do it on his own.

Your brother's children being out of the US on a re-entry permit will not jeopardise his application for citizenship when the time is appropriate. You did not mention how old the children are, but if your brother becomes a citizen before the children are 18 and they are currently living with him when he attains citizenship, they will derive citizenship from him.

- Dahlia A. Walker-Huntington is a Jamaican-American attorney who practises in Florida in the areas of immigration, family, corporate and personal injury law. She is a mediator, arbitrator and special magistrate in Broward County, Florida. info@walkerhuntington.com or editor@gleanerjm.com.