Travel problem - looking for advice

[Tim and Adri 0]

My wife on a K-1 visa received her green card. My step son's green card was held up at USCIS for constant RFEs for papers already submitted. Finally had to get my senator involved who fixed it within a week. During the time waiting on the step son's green card, the birth father filed in the courts to enforce his visitation. We had no other choice but to have my step son returned to Colombia before his green card arrived. I asked about advance parole but was told that it would be denied. His green card was approved but to an old address and the post office did not forward (even though forwarding was set up). Now he is out of the country, without advance parole, lost green card.

What can I do to fix this?

[Mononoke28 135]

My wife on a K-1 visa received her green card. My step son's green card was held up at USCIS for constant RFEs for papers already submitted. Finally had to get my senator involved who fixed it within a week. During the time waiting on the step son's green card, the birth father filed in the courts to enforce his visitation. We had no other choice but to have my step son returned to Colombia before his green card arrived. I asked about advance parole but was told that it would be denied. His green card was approved but to an old address and the post office did not forward (even though forwarding was set up). Now he is out of the country, without advance parole, lost green card.

What can I do to fix this?

Did you make an Infopass with your local USCIS office so he can get the I-551 stamp on his passport? The stamp is used in lieu of his green card in order to re-enter the US. If he has it, then he'll be allowed back in without a problem.

Also, he and your wife need to file form AR-11 and you need to file form I-865 to notify the USCIS of your change of address. You need to do this every time you move.

Since his permanent residency was already approved before he left the US, then he hasn't lost his status. The green card itself is only evidence supporting his residency status and is only used when returning to the US. Call the US embassy and explain your situation, he will need to get a Transportation Letter from them in order to be allowed back in the country. Once he's here, he needs to file form I-90 to get a replacement card.

Also, if he's under 18 years of age, he will need to get a recent notarized authorization letter from the parent or parents not traveling with him so the DAS will let him leave Colombia. If he doesn't have this letter, they won't let him get on the plane.

Here's more info on how to get the Transportation Letter from the US Embassy in Bogota: http://bogota.usembassy.gov/other-services.html

Diana

Edited June 29, 2012 by Mononoke28

[Tim and Adri 0]

Diana,

Thanks for your reply. The problem is he left before the green card was approved. Any options you know of for that issue?

[Mononoke28 135]

Diana,

Thanks for your reply. The problem is he left before the green card was approved. Any options you know of for that issue?

But as of now he's a legal permanent resident, correct? If so, all he needs is his Transportation Letter from the US Embassy so that they can let him in at POE. After that he needs to apply so he can get a new green card.

Diana

[Dave&Roza 748]

My wife on a K-1 visa received her green card. My step son's green card was held up at USCIS for constant RFEs for papers already submitted. Finally had to get my senator involved who fixed it within a week. During the time waiting on the step son's green card, the birth father filed in the courts to enforce his visitation. We had no other choice but to have my step son returned to Colombia before his green card arrived. I asked about advance parole but was told that it would be denied. His green card was approved but to an old address and the post office did not forward (even though forwarding was set up). Now he is out of the country, without advance parole, lost green card.

What can I do to fix this?

Just for future reference:the USPS will NOT forward anything from USCIS. That is why USCIS must have your correct address and why it is important to file the AR-11 form on-line and for the person who submitted the I-864 to fill out an I-865 every time they move until the I-864 is no longer valid.

Dave