Leaving the US with IR-1 Visa Stamp but no Green Card Yet

[Sami Redi 0]

Hello everyone 

I need your help urgently. My spouse got his immigration visa stamped and is in United States. There is an emergency in India and he has to go back. Will he be denied entry. He is in the United States a little over 3 months. Can anyone please guide me. I sincerely appreciate your help. 

[Chancy 6,241]

11 minutes ago, Sami Redi said:

Will he be denied entry

 

Only US nationals are guaranteed entry.  But if your spouse has an endorsed CR1/IR1 visa, there's very little risk that he'll have issues trying to re-enter the US, unless he stays out for more than 1 year.

 

[HRQX 4,145]

45 minutes ago, Sami Redi said:

There is an emergency in India and he has to go back.

Your husband is now a LPR and is NOT affected by the India COVID proclamation. Also that proclamation only affects non-immigrant travel: https://travel.state.gov/content/travel/en/News/visas-news/presidential-proclamation-on-the-suspension-of-entry-as-nonimmigrants-of-certain-additional-persons-who-pose-a-risk-of-transmitting-coronavirus-disease-2019.html "Immigrants, U.S. citizens, and lawful permanent residents (LPRs) are not subject to the proclamation."

[Sami Redi 0]

Thank you, Chancy. His passport is endorsed with IR1 visa. So he will be okay to go back. 

[Sami Redi 0]

Thank you HRQX.

[Sami Redi 0]

7 hours ago, Chancy said:

 

Only US nationals are guaranteed entry.  But if your spouse has an endorsed CR1/IR1 visa, there's very little risk that he'll have issues trying to re-enter the US, unless he stays out for more than 1 year.

 

Thank you but he has not yet received his card. That is the concern here. 

[Sami Redi 0]

6 hours ago, HRQX said:

Your husband is now a LPR and is NOT affected by the India COVID proclamation. Also that proclamation only affects non-immigrant travel: https://travel.state.gov/content/travel/en/News/visas-news/presidential-proclamation-on-the-suspension-of-entry-as-nonimmigrants-of-certain-additional-persons-who-pose-a-risk-of-transmitting-coronavirus-disease-2019.html "Immigrants, U.S. citizens, and lawful permanent residents (LPRs) are not subject to the proclamation."

Thank you. He still has not received his card. It is taking time. The concern is that. 

Just now, Sami Redi said:

Thank you. He still has not received his card. It is taking time. The concern is that. 

When I followed up the time frame is anywhere between 2 to 7 months. 

[Sami Redi 0]

6 minutes ago, Sami Redi said:

Thank you but he has not yet received his card. That is the concern here. 

When I followed up with USCIS they won’t answer correctly but said wait period is anywhere between 2 to 7 months. Is okay to go to India without the plastic card. 

[arken 4,197]

He can travel abroad and come back without the actual green card. As said, his visa on the passport along with the stamp serves as the proof of his permanent residency.

Edited June 6, 2021 by arken

[Sami Redi 0]

1 hour ago, arken said:

He can travel abroad and come back without the actual green card. As said, his visa on the passport along with the stamp serves as the proof of his permanent residency.

Thank you!

[JFH 12,190]

*~*~*moved from “bringing family members of USCs” to “working and traveling”*~*~*

[Crazy Cat 41,884]

11 hours ago, Sami Redi said:

Thank you, Chancy. His passport is endorsed with IR1 visa. So he will be okay to go back. 

His passport is the very same as a green card until the plastic one arrives.

[retheem 566]

He  should be good to go

[nastra30 2,287]

https://www.uscis.gov/i-9-central/temporary-i-551-stamps-and-mrivs#:~:text=A machine-readable immigrant visa,admission stamp that indicates the

“UPON ENDORSEMENT SERVES AS TEMPORARY I-551 EVIDENCING PERMANENT RESIDENCE FOR 1 YEAR.”

He is already a permanent resident so he just needs to travel with his endorsed passport.

[Sami Redi 0]

Thank you all so much. I can breathe now.