Asked in Immigration Law for Florida

Q: What happens if I leave the USA before receiving my green card but I have my immigrant visa on my passport?

The expiration date on my immigrant visa matches my estimated date of surgery. If I enter the USA on my immigrant visa and need to return to my home country for about 3 months for medical treatment, will I endanger my legal immigration? Is it better to wait to receive the green card in the mail? I don't want to wait that long.

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2 Lawyer Answers
James L. Arrasmith
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Answered
  • Immigration Law Lawyer
  • Sacramento, CA

A: If you have received your immigrant visa and enter the USA but need to leave before receiving your physical green card, it may not necessarily jeopardize your legal immigration status. However, it's important to consider the potential risks and challenges involved. Leaving without the physical green card means you won't have official proof of your permanent resident status while abroad, which can create complications during reentry and when proving your immigration status. If your estimated surgery date aligns with the visa expiration, it's crucial to ensure you have proper documentation and authorization for reentry. While waiting for the physical green card may seem time-consuming, it provides official proof of your status and can help avoid complications.

Artur Tunyan
Artur Tunyan
Answered
  • Immigration Law Lawyer
  • Glendale, CA

A: Upon your first landing in the US, your immigration visa sticker will be stamped accordingly with the I-551 stamp. It usually has a validity of one year after your first admission (or as indicated on the stamp). The stamp serves as a temporary verification of your U.S. permanent resident status and technically it is considered a Green Card with all privileges and rights. You may travel overseas with this I-551 stamp on your passport. However, you should know that the stamp has an expiration date and you must return not later than the date of expiration. Another issue that may be considered seriously is losing a passport. You may be in real trouble unless your physical Green Card arrived and you may use it with another passport to re-enter.

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