Lost Green Card/Transportation Letter/Returning Resident Visas

A permanent resident alien located abroad who loses or has had stolen his/her I-551 card ("green card") cannot receive a new green card abroad. However, it is possible to apply for a Transportation Letter at the nearest overseas USCIS office or consulate. This Letter instructs the airline that the holder is a U.S. permanent resident and to permit the holder onto the airplane to go to the United States; upon arrival in the U.S., the U.S. permanent resident can receive a new green card. A Transportation Letter can also be issued to a child, newly born in a foreign country, of a U.S. Legal Permanent Resident mother. In order to apply, it is necessary to present a copy of the green card (if available), international passport, 2 photographs, and proof that he/she has not been outside the U.S. for more than one year. A USCIS refusal to issue the Transportation Letter can have serious consequences because it may strand the permanent resident alien outside the United States without any recourse, in effect, depriving him or her of status as a U.S. permanent resident. For example, a problem may arise with issuance of the Letter if permanent residency status was gained as a refugee, and the I-551 card was lost in the country from which the person fled. Therefore, before applying for a Transportation Letter or if refused a Transportation Letter, one should contact the experienced professionals at White & Associates to deal with this problem.

A permanent resident alien who remains abroad for more than 12 months without obtaining a Reentry Permit will need to apply for a Returning Resident (SB-1) visa before reentering the U.S.

Eligibility Requirements for Returning Resident Visas

To qualify for an SB-1 visa, returning aliens must be able to demonstrate the following:

1. Lawful permanent resident status at the time of departure from the U.S.;
2. Intention to return to the U.S. at the time of departure;
3. While residing abroad, the intent to return to the U.S. was never abandoned;
4. They are returning from a temporary residence abroad, and if the stay was protracted it was due to circumstances beyond their control;

If the duration of travel abroad is less than one year, then a valid green card is the only requirement for reentry. If you know in advance that you will be leaving the U.S. for more than one year but less than two years, an application for a Reentry Permit should be submitted to the USCIS at least 30 days prior to departure from the U.S.

How to Apply for an SB-1 Visa?

To apply for an SB-1 Returning Resident visa, an application should be submitted to the nearest U.S. consulate. Supporting documentation should be included with the application establishing continued unbroken ties to the U.S. and, if applicable, that the trip was extended for reasons beyond your control and for which you were not responsible. Some examples of documentary evidence include: proof of lawful permanent residence (green card); a driver´s license issued within the last year; name and address of U.S. employer and evidence of receipt of salary; evidence of children´s enrollment in U.S. school; evidence of having filed U.S. income tax returns; and evidence of property ownership in the U.S.

How Does White & Associates Help?

If you are a permanent resident seeking to reenter the U.S., the experienced professionals at White & Associates can provide legal support. Because decisions of consular officers are not subject to administrative or judicial appeal, it is imperative to ensure that the application is prepared professionally or convincingly. If you would like assistance in this process, please feel free to contact us.