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Thread: leavnig the country before receiving GC?

  1. leavnig the country before receiving GC?

    My sister expected to recieve her immigration visa soon and as such will need to arrive within 6 months. However, she is in contract work and need to finish her contract, therefore she plans to land within the 6 months period, but needs to go back within a week. She plans to return in about 10 months when the contract ends, hence there is no need for re-entry permit. However, she won't have her green card before she leaves as the GC will take more than a week to arrive. We can send her the green card, therefore it is not a problem here.
    She somehow thinks that she may have a problem leaving the country because her immigration visa will be invalid (she mentioned it will be cancelled as soon as she arrives). I thought it shouldn't be a problem because she does not need a visa to leave US. Who is right?

    thanks

  2. You are right. She doesn't need the GC to leave the country, she only needs it to reenter.

    Maybe she is thinking of another situation where people do need a visa or other document to leave the US. If somebody was inside the US waiting on their pending adjustment of status (AOS) process to obtain a green card, they need Advance Parole in hand before they leave the US (or a dual intent visa status), otherwise their AOS application would be considered abandoned. But once the green card is approved, that is no longer applicable.

    When she arrives at the airport they will give her an I-551 stamp in her passport, typically valid for 6 months. The I-551 stamp is the equivalent of a green card in terms of using it to travel or obtain employment within the US.

    But whatever you do, when you send the GC don't send it by mail unless it's going to Canada. Not even global priority mail. Green cards have a habit of getting "lost" when sent like that internationally. Use a private courier like Fedex or DHL.
    Last edited by Jackolantern; 23rd November 2009 at 10:44 AM.
    PD: Jan 2003 (EB3 rest of world)
    I-485 filed: June 2005 Approved: July 2007

    I am a layman, not a lawyer. What I write here is not official or professional legal advice. In addition, my answers on this forum are specific to the scenarios discussed in each thread and should not be generalized to other situations.

  3. jackolantern,
    thanks for the response. She was thinking student visa or traveller visa, she mentioned that they would giver her a paper or document when she entered the States and was worried that she won't have that paper now.
    It has been so long for me that I forgot how it works.

    Thanks for the tips on sending the GC.

  4. One thing she should be aware of is that as a result of leaving the US so quickly and staying outside for several months before finally returning to settle down in the US, they'll probably start counting the 5 years for citizenship based on when she returned to the US to settle in, instead of starting it from when she first entered with the immigrant visa.
    PD: Jan 2003 (EB3 rest of world)
    I-485 filed: June 2005 Approved: July 2007

    I am a layman, not a lawyer. What I write here is not official or professional legal advice. In addition, my answers on this forum are specific to the scenarios discussed in each thread and should not be generalized to other situations.

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