How long does a PR's passport need to be valid for re-entry into the U.S.??

[Arctura]

Dear all,

When I was on my visa, I was told that my passport must be valid for at least "6 months beyond the expiration of my period of admission" to the United States.

I recently became a conditional permanent resident and I am wondering if the "6 months beyond the expiration of the period of admission" rule still applies. My guess is that it doesn't but does anyone here have any information on this? My passport does not expire until January 2010 but I am very curious about this.

Thanks!

--Arctura

[Jackolantern]

As long as it hasn't actually expired, you're fine ... the length of time before it expires doesn't matter. They want it to be valid for six months beyond the date of admission in order to know that visitors can return their home country or move on to the next country. But green card holders don't have to leave the US, so the ability to leave the US is not a requirement.

And strictly speaking, having a passport is not even an actual requirement for green card holders to enter the US. They often ask for it anyway, but if you don't have it or it has expired, they're still supposed to let you in, although you may have to waste some time in secondary inspection to argue your case.

[thankful]

Originally Posted by Arctura

Dear all,

When I was on my visa, I was told that my passport must be valid for at least "6 months beyond the expiration of my period of admission" to the United States.

I recently became a conditional permanent resident and I am wondering if the "6 months beyond the expiration of the period of admission" rule still applies. My guess is that it doesn't but does anyone here have any information on this? My passport does not expire until January 2010 but I am very curious about this.

Thanks!

--Arctura

You do not even need your passport to enter the United States. It depends on the requirements of other countries you visit.

[cherr1980]

You do need your passport, check travel state website...there are new rules in effect.

Regardless of it, most airlines will ask you for your passport to travel in and out of the US.

[thankful]

Originally Posted by cherr1980

You do need your passport, check travel state website...there are new rules in effect.

Regardless of it, most airlines will ask you for your passport to travel in and out of the US.

The new State Department rules apply to American citizens, not permanent residents. Permanent residents do not need passports to reenter the United States. The rules expressly say that green card holders will be readmitted with their cards only. Think about this using logics. Green card holders by definition have only foreign passports. And green cards are issued by the United States. Which document would the United States want?

[thankful]

Originally Posted by cherr1980

Regardless of it, most airlines will ask you for your passport to travel in and out of the US.

No they do not unless you are going to a country that requires a passport.

[trialanderror83]

Originally Posted by thankful

No they do not unless you are going to a country that requires a passport.

Well they wanted my passport to reenter from canada, i am canadian with GC!

[eudechime]

I believe that they need your passport to re-enter US...bcos this is where they will stamp your arrival and others. I just made a trip back from Nigeria and my passport was required when i was entering US back.....So what're you guys talking about...NOT NEEDING A PASSPORT TO RE-ENTER US.

[thankful]

Originally Posted by trialanderror83

Well they wanted my passport to reenter from canada, i am canadian with GC!

Citizens and Permanent Residents of the USA

If you are either a Citizen or a Permanent Resident of the United
States, you do not require a passport or visa to enter Canada. However,
you will be required to show proof of your identity as well as proof of
your citizenship or permanent resident status.

Citizens of the USA: You must travel with government issued photo
identification to establish your identity, such as: a valid driver's
license or State I.D. card; and documents to establish your citizenship,
such as: a valid U.S. passport, an original birth certificate issued by
the State (copies and hospital certificates and copies are not
acceptable); Citizenship/ Naturalization Certificate.
NOTE: The following are not considered proof of citizenship: Voter
registration cards; Army discharge papers.
Permanent Residents of the USA: You must travel with proof of your
Permanent Resident status, such as: your valid original I-551 Permanent
Resident Card/ Alien Resident Card/ "Greencard"; valid I-551 "Temporary
Evidence of Permanent Resident Status" endorsement in your passport; or
valid I-327 Permit to Re-Enter the United States. (Generally these
documents mentioned will satisfy both requirements to establish your
identity and your Permanent Resident status. However, if a clear
identification cannot be made from the photograph on your document, i.e.
if your photograph was taken when you were a child, you are strongly
encouraged to obtain a new document from the USCIS before travelling.)
Although it is rare, Immigration Officials may prevent the entry of
visitors:

who appear to pose a health risk to the Canadian public;
who are unable to demonstrate the ability to support themselves and
their dependants if granted entry to Canada;
who are unable to demonstrate their ability to leave Canada, or whose
willingness to leave Canada is in doubt if they were granted entry to
Canada.
Those admissible to Canada must not have a criminal record. (This
includes convictions for driving while intoxicated.) If you have been
convicted of an offence, you may be Criminally Inadmissible.

PLEASE NOTE:

A new United States' law requires all travellers, including US citizens,
entering or returning to the U.S. by air to have a valid passport
effective 23 January, 2007. Though Canadian entry requirements have not
changed all persons travelling by air from Canada to the U.S., will be
required to have a passport.

Similar requirements under the Western Hemisphere Travel Initiative will
apply to all travellers entering the U.S. by sea and through land border
crossings as early as January, 2008 [note: that date has since been deferred by Congress]. An alternative travel document (a
passport card) is being developed by the U.S. government for US citizens
and is expected to be available before the end of 2007.

Persons travelling by air and returning to the U.S. prior to 23 January,
2007, will continue to be allowed entry upon presentation of
satisfactory evidence of identity and citizenship. Similarly, no
documentation change is foreseen for persons entering or returning to
the U.S. by sea or by land before January, 2008.

These new requirements do not apply to legal permanent residents (LPR)
of the United States. LPRs will continue to be able to use their Alien
Registration Card (Form I-551), issued by DHS, or other valid evidence
of permanent residence status to apply for entry to the United States.
Children of LPRs who are US citizens, however, will be subject to the
new passport requirements.

Immigration Section
Canadian Consulate General
550 S Hope Street, 9th Floor
Los Angeles, CA 90071
Fax: 213 625 7154
http://www.losangeles.gc.ca

[thankful]

Originally Posted by eudechime

I believe that they need your passport to re-enter US...bcos this is where they will stamp your arrival and others. I just made a trip back from Nigeria and my passport was required when i was entering US back.....So what're you guys talking about...NOT NEEDING A PASSPORT TO RE-ENTER US.

The regulations issued by the DHS say very clearly that when a permanent resident is returning from a temporary trip abroad all she/he needs to present is the green card. A foreign passport is simply not relevant to his admission.

The attached brochure (published by the DHS for use by the public and the travel industry) states the same.

[Jackolantern]

Just because they ask for the passport, that doesn't mean it's required. If you didn't have it or it was expired, they're still supposed to let you in, although you may get grilled with more questioning.

According to this web page, the green card is sufficient to reenter after travel within the Western Hemisphere.

[Arctura]

Originally Posted by thankful

The regulations issued by the DHS say very clearly that when a permanent resident is returning from a temporary trip abroad all she/he needs to present is the green card. A foreign passport is simply not relevant to his admission.

The attached brochure (published by the DHS for use by the public and the travel industry) states the same.

Hi everyone thanks for the information. I found the following information on CBP's website:

"If you are a green card holder and you do not stay outside the U.S. for 1 year or more you should have either your green card (INS Form I-551), or your returning resident visa to re-enter the United States. You are not required to present your unexpired passport, however, it is not a bad idea to carry it with you." Answer ID 820.

But I also found the following:

"Foreign nationals that are lawful permanent residents of the U.S. must present a Permanent Resident Card (“Green Card”, INS Form I-551), a Reentry Permit (if gone for more than 1 year), or a Returning Resident Visa (if gone for 2 years or more), and their passport to reenter the United States if traveling from outside the Western Hemisphere. If traveling to Canada or Mexico, the Permanent Resident Card is sufficient, although, carrying a passport as well could help facilitate your reentry. (LPRs that are out of the U.S. for more than 180 days are subject to new immigrant inspection procedures as per 8 USC 1101.)" Answer ID 572.

It appears to me that these two paragraphs conflict with each other. The first one says that a valid passport is "not" required for a LPR re-enter the U.S., period, while the second one says that a valid passport "is" required for re-entry "if" a LPR is coming from outside of the Western Hemisphere. Because of the conflicting statements, I am not sure which one is correct anymore . . .

To err on the side of caution, I guess it's still wise to bring a valid passport, but still, what exactly constitutes a valid passport for a LPR (vis-a-vis a non-immigrant) remains unclear because the duration of stay for a LPR can technically be forever (if the LPR never leaves the U.S. again), and there is no way to obtain a passport which is valid for "forever + 6 months". Har Har Har.

Time to give CBP a call?

[hannah2]

Originally Posted by thankful

The regulations issued by the DHS say very clearly that when a permanent resident is returning from a temporary trip abroad all she/he needs to present is the green card. A foreign passport is simply not relevant to his admission.

The attached brochure (published by the DHS for use by the public and the travel industry) states the same.

I just wondering, where they have to record the arrival?

[Jackolantern]

Originally Posted by hannah2

I just wondering, where they have to record the arrival?

They swipe the card and it's recorded in their system.

[cherr1980]

well, I wish you luck to check in at an airline without a passport at least an airline that does not want to have any problem with the goverment...

[Arctura]

Originally Posted by cherr1980

well, I wish you luck to check in at an airline without a passport at least an airline that does not want to have any problem with the goverment...

Naw, I do have a passport. See my initial post at the top of this thread. I ask the question because I don't know what's considered a "valid" passport for "permanent residents".

For "non-immigrants" a valid passport means one won't expire for another 6 months from the date they leave the U.S., but since "permanent residents" do not really have a date when they have to leave the U.S., I was wondering how long my passport has to remain unexpired for it to be considered as a valid passport.

I hope this clarifies things.

[thankful]

Originally Posted by Arctura

Naw, I do have a passport. See my initial post at the top of this thread. I ask the question because I don't know what's considered a "valid" passport for "permanent residents".

For "non-immigrants" a valid passport means one won't expire for another 6 months from the date they leave the U.S., but since "permanent residents" do not really have a date when they have to leave the U.S., I was wondering how long my passport has to remain unexpired for it to be considered as a valid passport.

I hope this clarifies things.

Once again a passport is not needed

Acording to Title 8 of the Code of Federal Regulations, Sec. 211.1:

(a) General . Except as provided in paragraph (b)(1) of this section, each arriving alien applying for admission (or boarding the vessel or aircraft on which he or she arrives) into the United States for lawful permanent residence, or as a lawful permanent resident returning to an unrelinquished lawful permanent residence in the United States, shall present one of the following:

(Amended 7/22/98; 63 FR 39217 )

(1) A valid, unexpired immigrant visa;

(2) A valid, unexpired Form I-551, Permanent Resident Card, if seeking readmission after a temporary absence of less than 1 year, or in the case of a crewmember regularly serving on board a vessel or aircraft of United States registry seeking readmission after any temporary absence connected with his or her duties as a crewman; (Amended effective 1/20/99; 63 FR 70313 )


(3) A valid, unexpired Form I-327, Permit to Reenter the United States;

(4) A valid, unexpired Form I-571, Refugee Travel Document, properly endorsed to reflect admission as a lawful permanent resident;

(5) An expired Form I-551, Permanent Resident Card, accompanied by a filing receipt issued within the previous 6 months for either a Form I-751, Petition to Remove the Conditions on Residence, or Form I-829, Petition by Entrepreneur to Remove Conditions, if seeking admission or readmission after a temporary absence of less than 1 year; (Amended effective 1/20/99; 63 FR 70313 )


(6) A Form I-551, whether or not expired, presented by a civilian or military employee of the United States Government who was outside the United States pursuant to official orders, or by the spouse or child of such employee who resided abroad while the employee or serviceperson was on overseas duty and who is preceding, accompanying or following to join within 4 months the employee, returning to the United States; or

(7) Form I-551, whether or not expired, or a transportation letter issued by an American consular officer, presented by an employee of the American University of Beirut, who was so employed immediately preceding travel to the United States, returning temporarily to the United States before resuming employment with the American University of Beirut, or resuming permanent residence in the United States.

[thankful]

Sec. 211.2 Passports.


(a) A passport valid for the bearer's entry into a foreign country at least 60 days beyond the expiration date of his or her immigrant visa shall be presented by each immigrant except an immigrant who:

(1) Is the parent, spouse, or unmarried son or daughter of a United States citizen or of an alien lawful permanent resident of the United States;

(2) Is entering under the provisions of § 211.1(a)(2) through (a)(7); [check above]

(3) Is a child born during the temporary visit abroad of a mother who is a lawful permanent resident alien, or a national, of the United States, provided that the child's application for admission to the United States is made within 2 years of birth, the child is accompanied by the parent who is applying for readmission as a permanent resident upon the first return of the parent to the United States after the birth of the child, and the accompanying parent is found to be admissible to the United States;

(4) Is a stateless person or a person who because of his or her opposition to Communism is unwilling or unable to obtain a passport from the country of his or her nationality, or is the accompanying spouse or unmarried son or daughter of such immigrant; or

(5) Is a member of the Armed Forces of the United States.

[Arctura]

Originally Posted by thankful

Sec. 211.2 Passports.


(a) A passport valid for the bearer's entry into a foreign country at least 60 days beyond the expiration date of his or her immigrant visa shall be presented by each immigrant except an immigrant who:

(1) Is the parent, spouse, or unmarried son or daughter of a United States citizen or of an alien lawful permanent resident of the United States;

(2) Is entering under the provisions of § 211.1(a)(2) through (a)(7); [check above]

(3) Is a child born during the temporary visit abroad of a mother who is a lawful permanent resident alien, or a national, of the United States, provided that the child's application for admission to the United States is made within 2 years of birth, the child is accompanied by the parent who is applying for readmission as a permanent resident upon the first return of the parent to the United States after the birth of the child, and the accompanying parent is found to be admissible to the United States;

(4) Is a stateless person or a person who because of his or her opposition to Communism is unwilling or unable to obtain a passport from the country of his or her nationality, or is the accompanying spouse or unmarried son or daughter of such immigrant; or

(5) Is a member of the Armed Forces of the United States.

Wow Thankful thank you so much for the answer, so do you think there is something wrong with the way that CBP worded its website? (please see message #12 above).

Thanks again, I am glad you are around!

[thankful]

Originally Posted by Arctura

Wow Thankful thank you so much for the answer, so do you think there is something wrong with the way that CBP worded its website? (please see message #12 above).

Thanks again, I am glad you are around!

The CBP page is not accurate. Their statements on a webpage are not law. What I quoted above came directly from the official regulations and they are binding law.

[thankful]

Remember there are two passport issues. There are requirements from the United States and from whatever country you are visiting. That country might well require a passport with a particular validity period. I was stating that as a green card holder you do not need a passport to return to the United States. Other countries might require one before they let you in.

Hope you will understand the differences.