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

[Demise 1,287]

19 hours ago, Sami Redi said:

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. 

The stamped immigrant visa serves as proof of permanent residency for 1 year from the date of initial entry. It can be used for any purpose that a physical green card can be used for: international travel, getting a driver's license, getting a social security #, work, sponsoring a relative, etc, etc.

[Mike E 11,739]

23 hours ago, Sami Redi said:

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. 

Contrary to what you are being told, he is guaranteed entry.   See:

 

https://www.aila.org/File/Related/18110604b.pdf

 

There is guaranteed entry and there is guaranteed boarding.  No one, including US citizens are guaranteed boarding.  CBP provided a detailed document about what documents citizens, LPRs, and other aliens must provide to be permitted to board a flight to the USA;

 

https://www.cbp.gov/sites/default/files/assets/documents/2019-Mar/2019 Carrier Information Guide - ENGLISH.pdf

 

For your husband’s situation this is the relevant language that permits an airline to board him:

 

> Once an immigrant has been admitted to the United States the immigrant visa becomes a re-entry document, valid for one year from the endorsement date. The
statement “UPON ENDORSEMENT SERVES AS TEMPORARY I-551
EVIDENCING PERMANENT RESIDENCE FOR 1 YEAR” will be printed in the body of the visa directly above the machine-readable zone. This documentation is acceptable for travel and employment and is intended to replace the ADIT stamp.

 

After the year is up, he won’t be able to use the endorsed visa to fly to the USA.  
 

 

 

Edited June 7, 2021 by Mike E

[sonicview 3]

On 6/6/2021 at 6:31 PM, Sami Redi said:

Thank you all so much. I can breathe now.

Hi Sami,

 

Did your husband travelled and entered back with no issue?

[sonicview 3]

On 6/7/2021 at 12:37 AM, Mike E said:

Contrary to what you are being told, he is guaranteed entry.   See:

 

https://www.aila.org/File/Related/18110604b.pdf

 

There is guaranteed entry and there is guaranteed boarding.  No one, including US citizens are guaranteed boarding.  CBP provided a detailed document about what documents citizens, LPRs, and other aliens must provide to be permitted to board a flight to the USA;

 

https://www.cbp.gov/sites/default/files/assets/documents/2019-Mar/2019 Carrier Information Guide - ENGLISH.pdf

 

For your husband’s situation this is the relevant language that permits an airline to board him:

 

> Once an immigrant has been admitted to the United States the immigrant visa becomes a re-entry document, valid for one year from the endorsement date. The
statement “UPON ENDORSEMENT SERVES AS TEMPORARY I-551
EVIDENCING PERMANENT RESIDENCE FOR 1 YEAR” will be printed in the body of the visa directly above the machine-readable zone. This documentation is acceptable for travel and employment and is intended to replace the ADIT stamp.

 

After the year is up, he won’t be able to use the endorsed visa to fly to the USA.  
 

 

 

 

Hi Mike,

 

Do USCIS stops the Green Card printing process if the immigrant leaves the country. Eg in the case of the Advance parole application consider abandoned if applicant travel overseas, does same applies for Green Card printing too?

 

[Mike E 11,739]

15 minutes ago, sonicview said:

 

Do USCIS stops the Green Card printing process if the immigrant leaves the country. Eg in the case of the Advance parole application consider abandoned if applicant travel overseas, does same applies for Green Card printing too?

I know of no legal basis for USCIS suspending / interrupting  production of a green card because the immigrant is overseas. I know of at least once case where an immigrant with an expired 10 year green card filed I-90 online from outside the USA, and then had a relative bring the I-90 receipt to him. The immigrant was boarded with the I-90 receipt plus expired  green card and admitted with the same. 

Edited August 2, 2021 by Mike E

[Mike E 11,739]

42 minutes ago, sonicview said:

Hi Sami,

 

Did your husband travelled and entered back with no issue?

Alas we've since learned that no all airlines and at airports will board an LPR who holds only an endorsed immigration visa:

 

 

[HRQX 4,145]

30 minutes ago, Mike E said:

Alas we've since learned that no all airlines and at airports will board an LPR who holds only an endorsed immigration visa:

In that trip both Spirit and AA dropped the ball since the CBP Carrier Guide is readily available in English and Spanish and he definitely had the correct travel documents. At least AA contacted CBP for confirmation and he then was able to board.

[Lil bear 4,217]

On 6/5/2021 at 11:52 PM, Sami Redi said:

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. 

The stamped visa in his passport is his GC until he has the plastic one in hand. I travelled on mine working 2 months of arriving and returned 8 weeks later with no issues 

56 minutes ago, sonicview said:

 

Hi Mike,

 

Do USCIS stops the Green Card printing process if the immigrant leaves the country. Eg in the case of the Advance parole application consider abandoned if applicant travel overseas, does same applies for Green Card printing too?

 

No 

[sonicview 3]

35 minutes ago, Lil bear said:

The stamped visa in his passport is his GC until he has the plastic one in hand. I travelled on mine working 2 months of arriving and returned 8 weeks later with no issues 

No 

So you entered on the basis of endorsement stamp?

[Lil bear 4,217]

29 minutes ago, sonicview said:

So you entered on the basis of endorsement stamp?

Yes I did. Boarded my flight with this and presented this to CBP at POE.