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Expert James
Expert James, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 11812
Experience:  Write FOR JAMES to get my help!
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My sister is coming to America next week. She did consular

Customer Question

Hi, my sister is coming to America next week. She did consular processing for a green card. I know once she enters the Us she becomes a permanent green card holder, correct? She needs to travel back to her native country to complete the last semester of school, which is only 4-5 months. At this point, she does not advance parole correct, since she already has a green card?
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Expert James replied 1 year ago.

Hello, I am James. I will be helping you today. I do not get a salary here. But just like you, I want to get credit for doing my job. You are the only person who can help me get credit before leaving this site today. So please do not forget to do that by giving me a positive rating with 3 or more stars or any of the smiling faces.

Also, if you want me to be your personal immigration Expert, just write “FOR JAMES" at the beginning of any future, new questions, and I will be happy to help you as your personal Expert.

QUESTION 1: I know once she enters the Us she becomes a permanent green card holder, correct?

ANSWER: If she is entering the US with an immigrant visa, she becomes a Permanent Resident of the US upon successful inspection and grant of entry by the CBP officer. She should receive her green card in the mail within 4 to 6 weeks.

QUESTION 2: he needs to travel back to her native country to complete the last semester of school, which is only 4-5 months. At this point, she does not advance parole correct, since she already has a green card?

ANSWER: If she does not intend to be absent from the US for 1 year or more, she does not require any Travel Document to leave the US.

Again, please keep in mind that even though she is a Permanent Resident once she is successfully admitted to the US with an immigrant visa, she will not get her green card immediately. Instead, she will get an I-551 stamp in her passport, which functions exactly as a green card for all purposes. She uses that instead of a green card until the green card is issued to her.

NOTE: FYI, Advance Parole is one type of Travel Document, but it would not be appropriate for her situation because she would already be a Permanent Resident. So the type of Travel Document you would be asking about is a Re-Entry Permit, not Advanced Parole. But she does not require either, since her stay abroad will be less than 1 year.

know these issues can be confusing. If you want to discuss this or anything else by phone, I can send you an offer for that. There will be an additional fee, if you want to do that. Please let me know and I will send you the offer.

I hope I have answered your questions. Kindly rate my customer service with a positive rating. I do not get a salary here and this is the only way I am compensated for my efforts. So please do not forget to do that before you log off. You can do that by giving me 3 or more stars, or any of the smiling faces. And you can continue to ask questions even after you have given a rating. Again, giving me a positive rating is the ONLY way I get credit for helping you.

A BONUS is appreciated, if you feel I've earned it.

If you have questions in the future, write “FOR JAMES" in the question and I will be your personal Expert in this category.

Thank you!

Customer: replied 1 year ago.

Thank you, ***** ***** she leave immediately, lets say a week later, just using the I-551 stamp on her passport?

Customer: replied 1 year ago.

and if in the event she needs to be away from the US longer she can apply for a re-entry permit, is that correct/

Expert:  Expert James replied 1 year ago.

Kindly remember to give me a positive rating before leaving this site today. I do not get a salary here, so your positive rating is the only way I am rewarded for doing my job. If that does not happen, it is as if I never worked, which I am sure you agree would not be an ideal outcome. So please do not forget to give me 3 or more stars, or any smiling faces, in order to help me get credit for doing my job. Thank you!

ANSWER: Yes, as long as she has the I-551 stamp in her passport. If she does this, I recommend that she starts creating ties to the US. She can apply for credit card, get bills in her name, file tax returns (even though she may not have tax liability), etc. She wants to show that she continues to intend to be a Permanent Resident, even though she is leaving the US for quite some time.

I know these issues can be confusing. If you want to discuss this or anything else by phone, I can send you an offer for that. There will be an additional fee, if you want to do that. Please let me know and I will send you the offer.

I hope I have answered your questions. Kindly rate my customer service with a positive rating. I do not get a salary here and this is the only way I am compensated for my efforts. So please do not forget to do that before you log off. You can do that by giving me 3 or more stars, or any of the smiling faces. And you can continue to ask questions even after you have given a rating. Again, giving me a positive rating is the ONLY way I get credit for helping you.

REMINDER: You are not rating the state of the law or the outcome of your situation, which I cannot control. You are rating my customer service. Believe me that I always want to give you good news. But if the outcome is not what you wanted, blame the government and the law, not me. I am only a messenger.

A BONUS is appreciated, if you feel I've earned it.

If you have questions in the future, write “FOR JAMES" in the question and I will be your personal Expert in this category.

Thank you!

Customer: replied 1 year ago.

Thank you I will give a positive rating, Just my follow up question I do not know if you saw it...if she needs to stay longer she should apply for a re-entry permit is that correct?

Expert:  Expert James replied 1 year ago.

Kindly remember to give me a positive rating before leaving this site today. I do not get a salary here, so your positive rating is the only way I am rewarded for doing my job. If that does not happen, it is as if I never worked, which I am sure you agree would not be an ideal outcome. So please do not forget to give me 3 or more stars, or any smiling faces, in order to help me get credit for doing my job. Thank you!

QUESTION: and if in the event she needs to be away from the US longer she can apply for a re-entry permit, is that correct/

ANSWER: She cannot apply for this from abroad, except in emergency situations that came up after she left the US, which required her to stay abroad for more than 1 year. I would not take the risk with this strategy. This is a discretionary decision that is not always successful.

If that is her plan, then she needs to apply for a Re-Entry Permit before she leaves the US. But because she is only planning to be here for a week before leaving, it would be close to impossible to do this successfully, because she requires biometrics, which are usually scheduled within 30 days. Also, it is not a good look to become a permanent resident and then immediately, leave the US for 1 year. The USCIS does not issue Permanent Resident status or green cards for the purpose of making it easier to visit the US whenever a person wants to. The terms "Permanent Resident" means just that - they expect those issued this status to live in the US permanently.

Expert:  Expert James replied 1 year ago.

Hi again,

I received a message that you reviewed my response and you require additional assistance. However I cannot see your correspondence above.

Please post it again, so I can continue to help you and we can close this question.

Thank you!

Expert:  Expert James replied 1 year ago.

Hi, I’m just checking in to see how things are going and to confirm that you received my answers.

Do you need more help? Please respond.

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