Minor came on SB1 visa, Green card was taken at port-of-entry

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rchigurupati

Registered Users (C)
My 12 year old son came to US just before 2 years (1 year 11 months 25 days) away from US on SB1 visa because his Re-entry permit was lost in USPS mail. He arrived 3 days ago. At port of entry his Green card was taken by immigration officer saying "you don't need green card". He may be eligible to get his US passport after my naturalization in the next 1 1/2 months. How big of a deal to have his Green card now? Do we have to apply for his Green Card again? Please advise. Your advise is greatly appreciated.
Thanks.
 
Sounds very weird. If they took green card, they must have given some paper. What does that say?

For him to naturalize (get passport) ... even through you, he will need to have a green card.

Check all the paperwork they gave him at the airport again...
 
rchigurupati said:
My 12 year old son came to US just before 2 years (1 year 11 months 25 days) away from US on SB1 visa because his Re-entry permit was lost in USPS mail. He arrived 3 days ago. At port of entry his Green card was taken by immigration officer saying "you don't need green card". He may be eligible to get his US passport after my naturalization in the next 1 1/2 months. How big of a deal to have his Green card now? Do we have to apply for his Green Card again? Please advise. Your advise is greatly appreciated.
Thanks.
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This indeed sounds very strange. The explanation that your son "does not need" a green card does not make sense. He certainly does need a green card. In particular, after your naturalization, a green card will be required in order for him to get a U.S. passport (or a certificate of citizenship) based on the Child Citizenship Act.
There are two possibilities here. It may be that the CBP officer who took your son's card made a mistake.
The only other explanation I can think of (and I should stress that it is rather speculative) is that maybe they consider his old green card as no longer valid and his prior LPR status as lapsed, and that they will send him a new card, with the "resident since" date being the date of his entry on an SB-1 visa.

I'd suggest that you make an INFOPASS appointment and try to find out there what is going on.
If the card was taken away by mistake, you'll probably need to file an I-90 form to get a replacement card for him.
 
CBP officer did not gave any paper, there is SB1 visa stamp on his home country's passport valid until 11/2010, thats all. Thanks for suggesting to take an Infopass, I would do that. When I'm reading the requirements for the Passport for minor child, I don't see his Green card is required. Do we have surrender Green card to get US passport?
 
A permanent resident stamp in his passport is sufficient proof of LPR status.

On his SB-1 visa is there a different A number (different from the one he had on his previous green card)? If the number is different, then I think a new card will be mailed. His old card is probably considered invalid since he came with a new immigrant visa.
 
rchigurupati said:
CBP officer did not gave any paper, there is SB1 visa stamp on his home country's passport valid until 11/2010, thats all. Thanks for suggesting to take an Infopass, I would do that. When I'm reading the requirements for the Passport for minor child, I don't see his Green card is required. Do we have surrender Green card to get US passport?
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See the State Department page explaining how claiming derivative citizenship under the Child Citizenship Act works:
http://travel.state.gov/visa/immigrants/types/types_1312.html
It mentions explicitly that either an I-551 stamp in the passport or a green card itself is needed as proof of LPR status:
"The child's foreign passport showing the Bureau of Citizenship and Immigration Services in the Department of Homeland Security (USCIS) I-551 stamp in the passport, or the child's permanent resident card (green card)"
By the way, if you go to INFOPASS, they should be able to put an I-551 stamp in your son's passport, as temporary proof of his LPR status.
 
rchigurupati said:
My 12 year old son came to US just before 2 years (1 year 11 months 25 days) away from US on SB1 visa because his Re-entry permit was lost in USPS mail. He arrived 3 days ago. At port of entry his Green card was taken by immigration officer saying "you don't need green card".
Click to expand...

"You don't need a green card" just like that with no explanation? You didn't ask why? Or ask how he is supposed to prove his legal status? Weird.

Did they stamp anything in his passport at the POE? Is his other parent a US citizen living in the US?

Seems like the green card may have been taken away inappropriately. Contact CBP about getting it back. Consult a lawyer if you need help with doing that.
 
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I think since the child was admitted under a new SB-1 immigrant visa, it got processed just like any other new immigrant. The child might have a new A# number associated with the new immigrant visa and therefore will receive a new green card in the mail. Since the old card is no longer valid (it technically expires 1 year after leaving Unites States), it was taken away.
Original Poster can check the child's passport for the A number and the immigrant category.
 
nkm-oct23 said:
I think since the child was admitted under a new SB-1 immigrant visa, it got processed just like any other new immigrant. The child might have a new A# number associated with the new immigrant visa and therefore will receive a new green card in the mail.
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Yuck. That shouldn't happen - you get one A# which is yours for life.
 
I don't know all the details. It seems that SB-1 is equivalent to having been admitted in the US as a permanent resident, so, if the kid is a permanent resident then the kid will get citizenship when the parents naturalize. However, I don't know how they will get the passport if there is no Green Card. Perhaps they'll have to make an Infopass and get a passport stamp. Perhaps they will send the card in the mail as nkm-oct23 says.
 
My son came to USA with unaccompanied minor service by airline. So, I wasn't there do question the action of the immigration officer. However, I noticed the following text on the SB1 stamp:
"Text: upon endorsement serves as temporary I-551 evidencing permanent residence for 1 year". So, I think this is a temporary I-551 stamp on the foreign passport. Will this be suffice to apply for my son's US passport after I become USC in the next 1 1/2 months? There was a signature kind of thing on the stamp, was that the endorsement?
Thanks and appreciate your help.
 
rchigurupati said:
My son came to USA with unaccompanied minor service by airline. So, I wasn't there do question the action of the immigration officer. However, I noticed the following text on the SB1 stamp:
"Text: upon endorsement serves as temporary I-551 evidencing permanent residence for 1 year". So, I think this is a temporary I-551 stamp on the foreign passport. Will this be suffice to apply for my son's US passport after I become USC in the next 1 1/2 months? There was a signature kind of thing on the stamp, was that the endorsement?
Thanks and appreciate your help.
Click to expand...
The Immigrant visa sticker on the passport, when endorsed, serves the purpose of a temporary I-551 stamp. Is there a different Alien registration number on the visa? If there is, then your child will get a new green card in the mail. I don't think A number is for life.
When you naturalize, you can get your child's US passport by submitting the foreign passport with immigrant visa that has been endorsed instead of the actual green card. Of course, he might also get a new green card in the next 1-2 months.
 
rchigurupati said:
My son came to USA with unaccompanied minor service by airline. So, I wasn't there do question the action of the immigration officer. However, I noticed the following text on the SB1 stamp:
"Text: upon endorsement serves as temporary I-551 evidencing permanent residence for 1 year". So, I think this is a temporary I-551 stamp on the foreign passport. Will this be suffice to apply for my son's US passport after I become USC in the next 1 1/2 months? There was a signature kind of thing on the stamp, was that the endorsement?
Thanks and appreciate your help.
Click to expand...

Yes, the I-551 stamp should be sufficient as proof of LPR status, although the passport processing people are more used to seeing an actual green card as proof of that status.

If they gave your son an I-551 stamp at the airport, it probably means that a new green card will be issued for him since the old one was deemed lapsed.
Still, I would suggest taking an INFOPASS appointment, just to make sure.
 
Things are looking better now. Kid was admitted as permanent resident, has the stamp on the passport and possibly a GC will come in the mail. Otherwise if parents naturalize before the year then passport stamp can be used to obtain US passport for kid in lieu of a Green Card.
 
Thanks for your feedback and suggestions. I have scheduled an InfoPass appointment for 6/10 and see what they say?
Thanks to all.
 
baikal3 said:
Yes, the I-551 stamp should be sufficient as proof of LPR status, although the passport processing people are more used to seeing an actual green card as proof of that status.

If they gave your son an I-551 stamp at the airport, it probably means that a new green card will be issued for him since the old one was deemed lapsed.
Still, I would suggest taking an INFOPASS appointment, just to make sure.
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My son had a IR2 visa which had the same notation(about serves as temporary proof of LPR for 1 year). The stamp on the visa is considered proof of your son's LPR, usually they stamp it along the visa and the adjourning page..which is considered a legal stamp(the officer told me this). You don't need a GC to apply for a U.S passport once you become a U.S citizen. But you will get his GC within a month.

I sucessfully applied for his U.S Passport at a Passport Service Center using the admission stamp and my naturlization certificate for my son. I got his passport in 8 hours. I was told to send his GC back to the USCIS if it comes in the mail.

If you go to the post office, they do accept the stamp as a proof of LPR, however, it depends on the person handling the application. My suggestion is to go to the passport facility where you can get all your documents back within few hours along with an U.S Passport.
 
rchigurupati said:
My son came to USA with unaccompanied minor service by airline.
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OK, that explains it. So there probably was more conversation than "you don't need a green card", but your son didn't understand or remember whatever else was said.

But as a warning to others -- don't let your noncitizen minor child travel alone in a non-standard immigration situation like this. The child could easily give a wrong answer, or not answer, a critical question and then end up in detention or sent back.

So, I wasn't there do question the action of the immigration officer. However, I noticed the following text on the SB1 stamp:
"Text: upon endorsement serves as temporary I-551 evidencing permanent residence for 1 year". So, I think this is a temporary I-551 stamp on the foreign passport.
Click to expand...
Yes, it is an I-551 stamp and it serves as proof of permanent residence (until it expires).
 
wantmygcnow,
Thanks for the explanation and I think I don't have to go to InfoPass now. His GC would come in a month or so. I would apply for his US passport at Passport facility as you suggested. Thanks a lot for your help.
 
Remember that you can only apply for the kid's passport once you naturalize, and it seems you still have some weeks more to go.
 
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