GC lost in mail while I was out of USA

[sagi1972]

Hello!

Please help with my situation as described below.

I was on vacation in India since August, 2007. My Green Card got
approved sometime in October 2007.
Subsequently, my Green card got lost in the mail and my H4 visa also
expired in Jan-Feb 2008. So I was not able to come back to USA and had
to stay back in India. After months of communication with USCIS I got
my Green Card in hand a couple of months ago. Meanwhile, my spouse also took up a job in India and applied and received his "Re-entry permit". Now I want to go back to USA. What is the process going to be since I have been out of the country for about 18 months
although I got my Green Card only 1 month ago? What are the papers the
immigration officer might ask for since I have stayed out of USA for
more than a year now and it has also been more than a year since my
Green Card approval even though I got it in hand only now.
Since I have never entered the US with my Green Card, will the records
still show an absence of more than 1 year and in this case, will it
matter? Is the 1-year rule valid only after the first swipe with the
Green Card?

Do I need to apply for a Returning Resident status? If so,
what stand should I take?

Any suggestions/information/advice will be really appreciated.
Please reply soon.

Thanks!

 

[GCman2005]

if you have proof that your GC got lost, you should be fine. i was that situation, they let me at jfk with no hassle

to be on the safe side, returning resident visa will perfect but i dont know it works

 

[nkm-oct23]

If you live outside of US for more than 18 months without a re-entry permit, your green card is no longer considered valid and you might be denied entry. If you were vacationing in Aug 2007 abroad, how were you planning to return to US? Did you have a temporary I-551 stamp in your passport?

Did you file taxes in the US for those 18 months? Do you have any financial ties to US like bank accounts, house, etc? If not you will also not get a returning resident's visa.

 

[Jackolantern]

I was on vacation in India since August, 2007. My Green Card got
approved sometime in October 2007.
Subsequently, my Green card got lost in the mail and my H4 visa also
expired in Jan-Feb 2008.

What stopped you from using the H4 visa to return in Jan 2008? You can return with an H1 or H4 visa if your green card got approved while you were outside the US.

You also could have applied for a Transportation Letter, before or after your H4 expired. But 18 months later is when you choose to ask these questions? And now your spouse got a reentry permit to stay out of the US even more. Apparently you really don't want to return to the US.

You need to talk to the US consulate to determine what you need to do, either to find out how to return to the US or to officially surrender your green card.

 

[sagi1972]

I thought that I cannot use my H4 visa once my GC has been approved. Neither did I know about the Transportation letter. I have been corresponding with USCIS since November2007 to get a new card (GC). They told me several times that they will get it mailed but it did not happen till a few months ago.

I still have my bank account in the US and I will be filing my taxes (joint return) for 2008 on our global income. I also have my US credit card on which I am paying an annual fee. We do want to return to the US ASAP. Do you think I should go to the US with the current documents and proofs or should I apply for the "Returning Resident" permit? How difficult is it to get the "Returning Resident" permit approved. What documents will be needed for it?


Thanks!

 

[Jackolantern]

I thought that I cannot use my H4 visa once my GC has been approved. Neither did I know about the Transportation letter. I have been corresponding with USCIS since November2007 to get a new card (GC).

But during that correspondence of over a year, you still didn't ask them how you would return to the US if you don't get the card within a year of approval. They would have told you about the Transportation Letter or using the H4.

Do you think I should go to the US with the current documents and proofs or should I apply for the "Returning Resident" permit? How difficult is it to get the "Returning Resident" permit approved. What documents will be needed for it?

I don't know if the Returning Resident visa applies to your situation, as you have never been within the US as a PR in the first place. Explain your situation to the consulate and ask them what you need to do to get back to the US, and get something in writing if possible. And I hope you have copies of the correspondence you had with them regarding replacing your card, because you may need to make the case that your delayed entry is because of their delays in getting you the green card.