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What can an investor do if she loses her passport and attached I-551 stamp while traveling overseas?

Let’s say someone’s I-829 is under adjudication. Her I-829 receipt to extend her green card status was expired so she made an InfoPass appointment to apply for the I-551 stamp on the passport. If she travels overseas and her passport (with her I-551 stamp) was lost but she has a valid re-entry permit, does she need to apply for I-131A travel document to re-enter the U.S?

Answers

  • Avatar

    Ed Beshara

    Immigration Attorney
    Answered on

    If you lose your passport while overseas, you can make an appointment to see a U.S. consul to explain what happened and a new stamp in your new passport will show you have a pending I-829 and you can travel back to the U.S.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    You should consult the nearest US embassy to have a boarding letter issued. You should also apply for a new foreign passport.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    If you have valid re-entry permit you do not need to file for I-131A to reenter the country.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    She probably should visit the nearest U.S. embassy or consulate to advise them that her passport with I-551 stamp was lost. The consular staff will advise her of the documentation that will be needed so that she can be admitted into the United States as a lawful permanent resident. She will need a new valid passport to re-enter the United States, in addition to proof of her lawful permanent resident status (i.e., the consular staff may be able to provide a boarding letter/boarding foil in addition to the reentry permit). This should satisfy airline personnel in order for her to board the flight back to the United States.

  • Avatar

    Barbara Suri

    Immigration Attorney
    Answered on

    It is my opinion that if you lose your I-551 stamp which allows the Airline to give you passage back to the U.S., then you probably need to contact the American Embassy/Consulate for help. They could issue you a temporary document confirming your permanent residency status.

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    Charles Foster

    Immigration Attorney
    Answered on

    If someone is traveling overseas and evidence of their Permanent Residency is lost, they will have to make an appointment at the nearest U.S. Consulate that can verify that one is a Permanent Resident and provide temporary evidence of same. She is not eligible to apply for a U.S. Reentry Permit by filing for an I-131, one must be physically in the U.S. to do so.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    You may want to visit the U.S. Embassy/consulate section. I-131 is only for those with a pending adjustment of status (not pending I-829).

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    Raymond Lahoud

    Immigration Attorney
    Answered on

    You should seek out an advance parole document from USCIS. It is best to contact an attorney to assist in this.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    Yes, the only legal way to enter is to apply for a boarding letter via the new I-131A filing procedure.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    Obviously, you need to get a new passport. If the reentry permit is valid, that is the travel document to enter. Although I-829 receipt extension has expired, she should have that original receipt with her also to show that her I-829 is pending. Most of the immigration officers probably know that I-829 is taking longer than a 1-year extension that the receipt notice gives. If not, please have her print out the USCIS processing times from their website and take that with her.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    You should contact the consulate to discuss.

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