Legal Permanent Residents

Frequently Asked Questions Regarding Legal Permanent Residents

I have been outside of the United States for over one year and do not have a valid reentry permit (Form I-327), may I return to the U.S.?

A legal permanent resident who remains outside the U.S. for over one year without a valid reentry permit has jeopardized his/her legal resident status.  If such a person wishes to return to the U.S. as a legal resident, two options exist: 1. obtain a new immigrant visa petition or 2. file an application for a Returning Resident (SB-1) visa.  In order to apply for an SB-1 visa, the applicant must come to the consulate in person any business day at 07:30 a.m. and bring the following documents: a valid passport, his/her green card, completed forms DS-117 (available at http://mumbai.usconsulate.gov/lpr_forms.html) and a bank draft for $400 or Rs.16,800/- in favor of American Consulate general Mumbai.  The applicant must provide evidence that he/she departed the United States with the intention of returning to an unrelinquished residence and that his/her stay abroad was for reasons beyond his/her control and for which he/she was not responsible.  There is no guarantee the application will be approved, and no refunds are available for denied applications.  If the application is approved, the applicant will then be scheduled for a second appointment after assembling the regular documentation required of all immigrant visa applicants, such as a medical exam and police certificates.  This second appointment will likely be scheduled after two to three months.

When you arrive at our office at 07:30 a.m. to make your initial application, please join the line for pending immigrant visa cases.  Please note that completing the process may require several hours depending on conditions, and you will not be allowed to enter the consulate with any of the prohibited items described on our website at http://mumbai.usconsulate.gov/requirements_for_visitors.html

I am a legal permanent resident of the U.S. but I wish to remain outside the U.S. for over one year.  Is it possible to do so?

Under current regulations a legal permanent resident of the United States (i.e. a person holding a green card) must return to the U.S. within 364 days of the last departure in order to retain status as a permanent resident.  If the person has obtained a reentry permit (form I-327), the person must return to the United States within the validity of the reentry permit in order to retain status as a permanent resident.  Reentry permits cannot be extended, and applications are only accepted in the U.S. by the U.S. Citizenship and Immigration Services.  See www.uscis.gov for more information.

I am a Legal Permanent resident, with an expired validity on my Green Card and want to return to the United States, what do I do?

As outlined in 9 FAM 42.22 N2:1, a legal permanent resident of United States in possession of an expired Form I-551 (green card) with a ten-year validity may board an aircraft going to the United States if the expiration date is the only reason for not boarding the alien.  No transportation letter is needed, and no fines shall be made against the carrier for transporting such an alien.  However, a conditional permanent resident in possession of an expired Form I-551 with two-year validity must present evidence that the Form I-551 expiration date has been extended.

My green card has expired but I have been outside the U.S. for less than one year.  May I travel to the U.S.?

As outlined in 9 FAM 42.22 N2.1, a legal permanent resident of the United States in possession of an expired Form I-551 (green card) with a ten-year validity may board an aircraft going to the United States if the expiration date is the only reason for not boarding the alien.  No transportation letter is needed, and no fines shall be made against the carrier for transporting such an alien.  However, a conditional permanent resident in possession of an expired Form I-551 with a two-year validity must present evidence that the Form I-551 expiration date has been extended.

I lost my “Green Card” what do I do now? 

If you have lost your green card, you may apply for a transportation letter at our office at 07:30 a.m. any business day.  You must bring the following items: a completed Form I-90 (available at http://uscis.gov/graphics/formsfee/forms/files/I-90.pdf), a valid passport, evidence of the most recent date of departure from the United states, evidence of legal permanent resident (LPR) status, a police report regarding the loss of the green card, three identical recent passport-sized photographs of yourself, and a demand draft for $165 or equivalent Rs.6,930/- (US$1=Rs.42.00).
Please be advised that the fee is non-refundable even if the application is denied and that we often need several days in order to confirm an applicant’s LPR status with other offices. 

All transportation letters issued by our office are valid for 15 days.  If your transportation letter is approved and you fail to travel within the 15 day window, you will have to pay all fees again and obtain a new letter.

When you arrive at our office at 07:30 a.m., please join the line for pending immigrant visa cases.  Please note that completing the process may require several hours depending on conditions, and you will not be allowed to enter the consulate with any of the prohibited items described on our website at http://mumbai.usconsulate.gov/requirements_for_visitors.html

I have a valid reentry permit (Form I-327) but have lost my green card or it is expired.  May I travel to the U.S.?

Per 8CFR 211.1, an alien in possession of a valid form I-327, Permit to reenter the United states (i.e. reentry permit), does not require a visa to reenter the United States.  Therefore, you may travel with on only your valid reentry permit.

I am a legal permanent resident of the U.S.  While I was outside the U.S., I gave birth to a child.  Now I wish to return to the U.S.  May I take my child with me?

As outlined in 9 FAM 42.1 N1.1, a child under two years of age who was born of a Permanent Resident Alien mother during a temporary visit abroad does not require an immigrant visa in order to travel to the United States if the alien parent is in possession of a valid Form I-551 (i.e. green card), a valid reentry permit, or an SB-1 visa.  The child must be admitted to the U.S. within two years of birth and the accompanying parent must be applying for readmission upon first return after the birth of the child.  We suggest that the accompanying parent carry documentary evidence of his or her relationship to the child, including the child's passport and birth certificate.

I am a legal permanent resident, but I wish to abandon my LPR status because I am now living abroad.  How do I do so? 

If you wish to surrender your green card, please come to our office at 7:30 a.m. with your green card, passport, and a completed form I-407 (Abandonment of Lawful Permanent Resident Status).  You may obtain this form at http://mumbai.usconsulate.gov/lpr_forms.html.  A consular officer will interview you and accept your application.  If you would like to apply for a visitor visa on the day you surrender the green card, you should contact our scheduling service VFS (http://www.vfs-usa.co.in) to make an appointment for a visitor visa interview.  If you would like to only surrender your green card and not apply for a visitor visa, please join the line for pending immigrant visa cases and present this e-mail to the employee outside when you arrive at
7:30 a.m.  Please note that completing the process may require several hours depending on conditions, and you will not be allowed to enter the consulate with any of the prohibited items described on our website at http://mumbai.usconsulate.gov/requirements_for_visitors.html.  Our office will not provide any acknowledgement receipt if applicants opt to submit the I-407 and green card by mail.

My legal permanent resident relative passed away while in India.  Can the consulate assist me in getting a death certificate from the Indian government so I can claim my relative’s Social Security benefits?

No.  The consulate may assist in obtaining a death certificate from the Indian government only if the deceased was an American citizen.  However, a local attorney may be able to assist you in completing the formalities.  Click here for a list of attorneys who practice in our district.