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New Department of State Guidance for Residents whose Green Card Expires while Abroad
Post Date: 06/01/2010

A recent amendment to the Foreign Affairs Manual, which U.S. Consular Officers follow in issuing U.S. visas, changes documentary provisions for certain Lawful Permanent Residents travelling to the U.S. Previously, if a Resident’s Lawful Permanent Resident Card (a.k.a. “Green Card” or Form I-551) expired while the Resident was abroad, this would not prevent the individual from being permitted to board an airline in a foreign nation to travel to the U.S.

However, airlines may be hesitant to board individuals with expired Lawful Permanent Resident Cards. U.S. Customs and Border Patrol can impose fines on carrier for allowing individuals on a plane without proper identification. Thus, the Resident is in an uncertain scenario if he is properly maintaining his Resident status, but his card expires while abroad.

The recent Affairs Manual amendment attempts to address this situation by stating that a Consular officer must issue a transportation letter to a Resident in the above-described scenario, which signals an authorization of the Resident to travel to the U.S. As such, carriers can board such individuals without fearing an imposition of fines by Customs and Border Patrol on this basis. The Resident must make arrangements well in advance of his travel date to ensure proper issuance of the necessary document.