9 FAM 202.2
(U) Lawful Permanent Residents (LPRs)
(CT:VISA-1988; 05-20-2024)
(Office of Origin: CA/VO)
9 fam 202.2-1 (U) statutory andregulatory Authority
9 FAM 202.2-1(A) (U)Immigration and Nationality Act
(CT:VISA-213; 10-12-2016)
(U) INA 101(a)(20) (8 U.S.C.1101(a)(20)); INA 101(a)(27)(A) (8 U.S.C. 1101(a)(27)(A)); INA 212(a)(6)(A) (8U.S.C. 1182(a)(6)(A)); INA 212(a)(7) (8 U.S.C. 1182(a)(7)); INA 222(b) (8U.S.C. 1202(b)); INA 316 (8 U.S.C. 1427); INA 317 (8 U.S.C. 1428).
9 FAM 202.2-1(B) (U) Code ofFederal Regulations
(CT:VISA-213; 10-12-2016)
(U) 22 CFR 42.1(b); 22 CFR 42.22; 8CFR 101.3(a)(1); and 8 CFR 211.
9 fam 202.2-2 (U) LawfulPermanent Residents – Overview, Introduction
(CT:VISA-1988; 05-20-2024)
a. (U) Overview of Lawful PermanentResident (LPR) Sections:
(1) (U) 9 FAM 202.2provides information on LPRs that consular personnel are likely to need fortheir official functions. 9 FAM 202.2-4below outlines consular services provided to LPRs. 9 FAM 202.2-5discusses processing boarding foils for LPRs, and 9 FAM 202.2-6provides guidance verification of LPR status. 9 FAM 202.2-8lists the bases for losing LPR status; and
(2) (U) See 9 FAM 202.2-7below for information on LPR travel to the United States. See also 9 FAM 201.2for information on travel documentation for temporary residents and othertravelers without documentation.
b. (U) Basis for LPR Status:
(1) (U) The term"lawfully admitted for permanent residence" means the status ofhaving been lawfully accorded the privilege of residing permanently in theUnited States as an immigrant in accordance with the immigration laws; and
(2) (U) Child Born in the UnitedStates to Diplomatic Parents: A child born in the United States toparents in diplomatic status does not acquire U.S. nationality at birth,because the parents are not subject to the jurisdiction of the United Stateswhile in that status. See case of Nikoi v. Attorney General of United States,939 F.2d 1065, D.C. Circuit. However, in accordance with 8 CFR 101.3(a)(1),such a child might be an LPR at birth. A childunder the age of 16 will normally have thesame intent as the parents. Thus, if the parents take the child out of theUnited States and abandon their residence in the United States, the child willnormally be considered to have lost permanent residence status.
c. (U) Conditional Lawful PermanentResident Status:
(1) (U) An individual grantedconditional resident status under INA 216 is issued a Form I-551, PermanentResident Card, like other permanent residents, except that the classificationcode on the front (photo) side of the card is "CR-", "CF-","CX-","C2-", or "C3-" for family based status,and "C5-" and "T5-" for employment based status, followedby a one digit number and the reverse side bears a legend stating:
THIS CARD EXPIRES ____________
(U) The expiration dateis 2 years from the date the individual obtains LPR status. The card is validuntil midnight of the date indicated; and
(2) (U) Automatic Loss of ConditionalLPR Status: A conditional resident automatically loses LPR status onthe second anniversary of their date of admission as a resident if the form toremove the conditions is not filed by that date (Form I-751, Petition to Removethe Conditions of Residence, for family based status and Form I-829, Petitionby Entrepreneur to Remove Conditions on permanent Resident Status, foremployment based status). However, the law allows DHS to accept a latepetition if, and only if, the conditional resident can establish that thefailure to file on time was for reasons beyond their control. See 9 FAM 202.2-8for more complete information on loss of LPR status.
9 fam 202.2-3 (U) HANDLING DHSDocuments
(CT:VISA-1988; 05-20-2024)
a. (U) You should keep in mindthat you do not have the authority to make determinations regarding retentionor loss of LPR status and cannot require any individual to relinquish LPRdocumentation. On the other hand, there are no regulations that state that afraudulent document cannot be retained if presented for verification or otheraction. See also 9 FAM 601.10for general fraud provisions.
b. (U) In cases where you can verify the legitimacy of a DHS document, youshould follow these instructions:
(1) (U) If you are certainthat the document is fraudulent (i.e., a counterfeit or a genuine document,which has been altered to allow its use by an imposter), you are authorized toretain the documents for inclusion in the case file or for specific dispositionas required; and
(2) (U) If, on the other hand,you are only doubtful as to the veracityof a document, you should return the questionable document to the bearer. Ifthe person is traveling, you should notify the carrier (if known) that thedocument may be fraudulent. The carrier should be informed that if thedocument is, in fact, counterfeit or altered and the carrier has decided torisk transporting the person, the carrier may be subject to DHS fines. In allcases, you should scan and e-mail a copy of the document to the Office of FraudPrevention Programs (CA/FPP). See 9 FAM 601.10for general fraud provisions.
9 fam 202.2-4 (U) consularservices for Lawful permanent residents (LPRs)
9 FAM 202.2-4(A) (U) Overview
(CT:VISA-213; 10-12-2016)
(U) LPRs may need a variety ofconsular services, ranging from a boarding foil for a lost, stolen, expired ordestroyed/mutilated Form I-551 to the filing of a Returning Resident (SB-1)visa application.
9 FAM 202.2-4(B) (U) LPRPreference Petition Filing
(CT:VISA-1988; 05-20-2024)
(U) In general, only USCIS willaccept an IV petition filed abroad at oneof its overseas offices. Occasionally, in emergent circ*mstances, USCIS may authorize consular officers to accept thepetition. See 9 FAM 504.2-4.
9 FAM 202.2-4(C) (U) Abandonmentof Status to Confer More Beneficial Status
(CT:VISA-1988; 05-20-2024)
(U) There is no legal restrictionpreventing an LPR from obtaining another IVin a different preference status to confer derivative status on a spouse orchild. There is also no requirement that the resident abandon LPR status.
9 FAM 202.2-4(D) (U) Requestinga Replacement or Extension of DHS Documents
9 FAM 202.2-4(D)(1) (U) I-551,Permanent Resident Cards
(CT:VISA-1326; 07-23-2021)
(U) You may not accept an LPR'sapplication for replacement of the Form I-551, Permanent Resident Card, from LPRsphysically present in their consular district since these applications nowrequire biometrics. Instead, they should be told to file Form I-90,Application to Replace Permanent Resident Card, directly with USCIS when they return to the United States. Seealso 9 FAM202.2-5 below on issuance of boarding foils in lost, stolen, expired ordestroyed/mutilated Form I-551 cases.
9 FAM 202.2-4(D)(2) (U) ReentryPermits
(CT:VISA-1988; 05-20-2024)
a. (U) Requests for Reentry Permits:
(1) (U) The Form I-327, Permitto Reenter the United States (reentry permit), is issued by USCIS. It has amaximum validity of 2 years but may be assigned a shorter validity period.
(2) (U) While an LPR mustapply for a reentry permit while physically present in the United States,occasionally the LPR will travel overseas before receiving the reentry permit.They may request that USCIS send thereentry permit to post. Post should issue a no-fee ACRS receipt using code 85Dfor each document received and would then hold the document in a securelocation until the LPR makes contact to pick up the reentry permit. Post maychoose to publish lists of receipt numbers for received documents on theirwebsite but is not required to contact recipients. Post should determine thebest method for scheduling the pick-up based on their specific volume andworkload.
b. (U) Unclaimed Expired ReentryPermits: Unclaimed expired reentry permits are permits that are sent toposts but have never been collected by the intended recipient. You shouldretain reentry permits that cannot be delivered or are not claimed until theyare no longer valid, and then return them to the USCIS/Nebraska Service Center,P.O. Box 82521, Lincoln, NE 68501-2521. The unclaimed expired reentry permitsprovide DHS with information that is germane to any future dealings with the LPRand should be part of the DHS record.
c. (U) Lost/Stolen/Destroyed ReentryPermits: Guidelines for processing boarding foils for LPRs whosereentry permits are lost, stolen, or destroyed and Lost/Stolen Reentry Permitsis included below. Unlike boarding foils for those with lost, stolen, ordestroyed Form I-551, Permanent Resident Card (green cards), individuals withlost, stolen, or destroyed reentry permits can apply for LPR boarding foils ifthey are seeking to return from temporary foreign travel during the 2 yearsbetween the date the individual left the United States and the date the fee forForm I-131A was paid. An LPR boarding foil can be issued on or after thetwo-year mark, if the Form I-131A, Application for Travel Document (CarrierDocumentation), fee payment is made before the LPR is abroad for two years.The USCIS Customer Profile ManagementSystem (CPMS) in PCQS serves as the best report for confirming whether USCISissued a reentry permit for a given individual. The approval date is noted inthe "Transaction" field of the CPMS report. An officer would thenrequest to see a passport showing pertinent entry and exit stamps and/orairline tickets that show when the applicant departed the United States. Youcan also run a check of entry/exit records through ADIS.
9 FAM 202.2-4(E) (U) ReturningResident Visas
(CT:VISA-1988; 05-20-2024)
(U) See 9 FAM 502.7-2regarding application for and adjudication of special IVs for returning Lawful Permanent Residents(SB-1).
9 fam 202.2-5 (U) PROCESSiNGBOARDING FOILS FOR Lawful permanent residents (LPRs)
9 FAM 202.2-5(A) (U) In General
(CT:VISA-1988; 05-20-2024)
a. (U) This guidanceestablishes standard operating procedures for issuing a boarding foil to an LPRat overseas consular sections when the LPR wishes to return to the UnitedStates but is not in possession of valid proof of LPR status.
b. (U) A boarding foil may beconsidered by the airline as evidence of the travelers' status as an LPR. Itserves only to give notice to the air carrier that the U.S. Government does notintend to issue a penalty under INA 273(b).
c. (U) A boarding foil doesnot replace expectations for a traveler to present a valid passport or othervalid travel document to CBP at POE.
d. (U) CBP's CarrierInformation Guide provides that a boardingfoil is not required if the LPR has:
(1) (U) An expired PermanentResident Card with a 10-year expiration date);
(2) (U) A Permanent ResidentCard (with a 2-year expiration date) and valid Form I-797, Notice of Action,indicating that status is extended; or
(3) (U) Orders from the U.S.Government (civilian or military) showing the time outside the U.S. was onofficial government business.
(U) These individualsshould be encouraged to consult their air carrier before paying for Form I-131-A.
e. (U) If you find local carriers that do not accept anexpired Form I-551 as a valid travel document to the United States, encouragethe carrier to work with CBP liaisons to clarify the requirements.
9 FAM 202.2-5(B) (U) Your Role
(CT:VISA-1988; 05-20-2024)
a. (U) According to USCIS guidance, you may place a boarding foil in thepassport of an LPR whose Form I-551 or reentry permit is lost, stolen, expired(Reentry Permit must have been valid at time of filing Form I-131A), ordestroyed/mutilated, if the LPR presents a passport with an Alien Documentationand Identification System (ADIT) stamp or you can confirm the applicant’sLPR status as explained below.
b. (U) The LPR must appear inperson to report the lost, stolen, expired (Reentry Permit must have been validat time of filing Form I-131A), or destroyed/mutilated Form I-551 or ReentryPermit and file Form I-131A, Application for Travel Document (CarrierDocumentation) to request a boarding foil, with proof of having paid the FormI-131A filing fee online, and the evidence requested in the Instructions forForm I-131A.
c. (U) The boarding foil willbe valid for no more than 30 days, except in cases of lost Reentry Permits (see9 FAM202.2-5(C) below) and will allow theLPR to board a carrier to the United States and present themself to a U.S. POE as a returning LPR. The document is not aguarantee of admission or entry into the United States. CBP will carry out allrequired procedures upon the traveler's arrival.
d. (U) Individuals with lost,stolen, or destroyed/mutilated Form I-551 can apply for a boarding foil ifseeking to return from temporary foreign travel of less than one year from thedate the individual departed the United States to the date the fee for FormI-131A was paid. The length of the absence will be measured from the time theLPR departed the United States to the time they pay the Form I-131A fee. Aboarding foil can be issued on or after the one-year mark, if the Form I-131Afee is paid within the one-year period, i.e., less than one year afterdeparture from the United States. If the fee was paid within one-year, but theLPR waits a significant amount of time beforeapplying for the boarding foil, consult with the VO/F I-131A portfolio holder.
9 FAM 202.2-5(C) (U) Proceduresfor Issuing Boarding Foils in Lost, Stolen, Expired, or Destroyed/Mutilated LegalPermanent Resident Card or Reentry Permit Cases
(CT:VISA-1988; 05-20-2024)
a. (U) In General:
(1) (U) Follow the proceduresbelow in cases involving lost, stolen, expired, destroyed/mutilated Forms I-551and in cases of lost, stolen, or destroyed/mutilated reentry permits; and
(2) (U) This guidance appliesto all consular sections, including thosewith a USCIS office offering publiccounter service physically located in the embassy or consulate(“co-located” posts).
b. (U) Interview Scheduling:The LPR schedules an interview appointment using local consular section procedures to report their lost, stolen, expired, ordestroyed/mutilated Form I-551, or lost, stolen, or destroyed/mutilated reentrypermit and files Form I-131A, Application for Travel Document (CarrierDocumentation), to request a boarding foil. Local procedures could include useof NIV appointment systems or GSS. Consularsections should determine how to best schedule these appointments.
c. (U) Confirming fee payment:Consular sections do not collect a fee on behalf ofUSCIS for this service. Instead, verifythat the Form I-131A fee has been paid. The USCIS payment site instructsapplicants to provide the receipt/confirmation page from the USCIS online filing system or the receipt that wassent to the applicant by email (the original fee payment cannot be accessedonline again). If the applicant no longer has the receipt email, fee paymentcan alternatively be confirmed through PCQS. You can review the applicant'sinformation by either entering the name and date of birth of the individual,the USCIS receipt number, or theA-number. Under the "Payment Status" field it should say"Completed":
(1) (U) USCIS will not provide applicants a refund of theirForm I-131A fee payment solely because the individual should have applied foran SB-1 instead of a boarding foil. Information concerning LPR boarding foilapplications on embassy/consulate websites should clearly state that refundswill not be processed on this basis. Applicant questions about fee and refundsshould be directed to USCIS; and
(2) (U) Do not collect the actual filing fee. Theapplicant will still be required to submit Form I-90, Application to ReplacePermanent Resident Card, and pay the required fee once he/she arrives in theUnited States.
d. (U) Forms: On or before theday of the interview, the applicant must complete, print, and submit Form I-131A,Application for a Travel Document (Carrier Documentation), and all requiredevidence.
e. (U) Case Creation in NIV:Using the biographic data from the Form I-131A, plus passport number andnationality, a case is created in the NIV system by manually data entering theinformation. Select “LPR” as the visa class in NIV. All biodatafields must be completed, as applicable. For the address fields, enter theapplicant’s U.S. residence address (not the mailing address) listed onthe Form I-131A. “Visa type” will default to “X."
f. (U) Intake: The applicantappears in person for their interview bringing one photograph adhering tocurrent visa photo standards (see 9 FAM303.6-2(A)(1)). The photo is captured in NIV and fingerprints arecollected for all LPRs age 14-79 (or 7-79 for Yemen and Mexico).
g. (U) Interview: Theinterviewing officer must:
(1) (U) Verify Identity:Request to see a valid passport, driver’s license, or any other U.S.Government-issued photo I.D. Verify the applicant’s identity by matchingthe facial image of the individual with the photograph in the passport and/orother identity documents, or in Customer Profile Management System (CPMS) viathe USCIS Person Centric Query Service (PCQS) in the CCD (see 9 FAM 202.2-6,subparagraph c(1) below, for PCQS guidance);
(2) Unavailable
(3) (U) Verify Time Outside theUnited States: Determine that at the time of I-131A fee payment theapplicant has not been absent from the United States for more than 1 continuousyear for lost, stolen or destroyed/mutilated LPR cards, or beyond the validityof their reentry permit not to exceed 2 years. If the applicant had a valid reentrypermit that was lost, stolen, or destroyed/mutilated, then the applicant can beissued a boarding foil for up to 2 years from the date the reentry permit wasapproved. Request to see a passport showing pertinent entry and exit stampsand and/or airline tickets that show when the applicant departed the UnitedStates. Also run a check of entry/exit records through ADIS (see 9 FAM 202.2-6,subparagraph c(2)) below. If time outside the United States is longer thanpermitted, the applicant may be eligible to apply for an SB-1 visa to return tothe United States. If the applicant does not qualify for the boarding foil anddecides to apply for a SB-1, a note should be added to the LPR boarding foilapplication case file, indicating that the individual will apply for an SB-1visa. If the individual has filed an application to abandon LPR status (Form I-407),which can be verified in CIS 2 and/or CLAIMS 3 via PCQS, you may not issue theapplicant a boarding foil;
(4) (U) Documenting Lost or Stolen FormI-551: Generally, an applicant requesting a boardingfoil due to a Form I-551 that was lost or stolen should present a police report(if applicable and available) documenting when the Form I-551 was lost orstolen; and
(5) Unavailable
(6) Unavailable
h. (U) Case Notes and Scanning:The interviewing officer must add case notes related to the interview, resultsof PCQS and ADIS searches to the record as well as scan any documentationcollected. Select "Miscellaneous" as the document type from thedropdown list.
i. (U) Issuance: If you can determinethat the applicant is qualified, you may issue the LPR temporary proof ofstatus in the form of a boarding foil.
(1) (U) The boarding foil cannot be valid for more than 30 days, singleentry, unless emergent circ*mstances exist. If longer validity seemswarranted, consult with the VO/F I-131A portfolio holder.
(2) (U) The foil must beannotated as shown below. This annotation may be selected from the dropdown ofstandard annotations available in NIV, if the A# is filled in as well):
(U) “NOT A VISA. BEARER IS A LAWFUL PERMANENTRESIDENT OF THE UNITED STATES AND MAY BE BOARDED WITHOUT TRANSPORTATION CARRIERLIABILITY. A#”;
(3) (U) You should advise the individualthat they are required to always have their permanent resident card in theirpossession and that they must file an application for a replacement card (Form I-90)with USCIS immediately upon return to the United States. Form I-90 filinginstructions are available on the USCIS website; and
(4) (U) When placing an LPRboarding foil in the passport, make sure to Cancel Without Prejudice (CWOP) anyprior U.S. visa foils that may be present in the LPR’s passport to avoidconfusion at the POE concerning the LPR’s status. If there is no room onthe passport/travel document, then the foil should be issued on a Form DS-232.No prior concurrence from DHS or CBP is required before issuing the foil on aForm DS-232. For instructions on use of DS-232, see 9 FAM403.9-6(B) and 9 FAM 303.8-6.
j. Unavailable
k. Unavailable
(1) (U) Applicants Reapplying:You may advise refused applicants that they can either reapply if they canprovide stronger proof of their LPR status, or that they can contact the USCISContact Center directly for formal notification of LPR status.
(2) Unavailable
(3) (U) SB-1 Applicants: Ifthe boarding foil is not issued because the applicant has been outside theUnited States for more than 1 year or 2 years if the applicant had a Re-entryPermit, and they appear to qualify for an SB-1 visa, then the applicant can bereferred to the IV unit (see 9 FAM 502.7-2)after refusing the case under “RLPR” in NIV.
9 FAM 202.2-5(D) (U) BoardingFoils for Conditional Residents
(CT:VISA-1988; 05-20-2024)
Unavailable
9 FAM 202.2-6 (U) Verification ofLawful Permanent Resident (LPR) Status
(CT:VISA-1988; 05-20-2024)
a. (U) Establishing LPR Status:
(1) (U) Form I-551: A valid, unexpired Form I-551, Permanent Resident Card(also known as a “green card”), is the primary evidence of an individual'sstatus as an LPR of the United States;
(2) (U) ADIT stamp: An ADITstamp may establish LPR status. You should be aware, however, that you mayencounter passports with counterfeit ADIT stamps. Any questions on thelegitimacy of an ADIT stamp should be directed to DHS. See 9 FAM202.2-7(B) below for more information on LPR travel with an ADIT stamp; and
(3) (U) In the absence of aForm I-551 or valid ADIT stamp, it may be necessary to verify LPR status byother means; see paragraph b of this section for returning resident (SB-1) IV applicants, and paragraph c for individualsrequesting boarding foils based on lost, stolen, or expired Form I-551 cards.
b. Unavailable
c. (U) Verification of LPR Status(Boarding Foils for Lost, Stolen or Expired I-551):
(1) (U) Using PCQS to Verify PreviousIssuance of a Permanent Resident Card: In theabsence of a valid ADIT stamp in the passport, you may issue a boarding foilwithout referral to your local or regional CBP or ICE office(s) or USCIS forverification if appropriate checks are run in the USCIS Person Centric QueryService (PCQS) in the CCD:
(a) (U) Verify the applicant’sLPR status using PCQS, which is available under the Other Agencies/Bureaus tabin the CCD. Using the PCQS, run a check through the Central Index System (CIS)and Customer Profile Management System (CPMS) to ensure that the subject is infact an LPR of the United States;
(b) (U) Entry of the applicant’sname and date of birth (DOB), or preferably the A number, into PCQS should giveyou access to their record in the CIS and CPMS, which will include a photographof the applicant (in the CPMS record) and information about of the Form I-551;and
(c) Unavailable
(2) (U) Using ADIS to Verify Date ofDeparture from the United States: The DHS Arrival Departure InformationSystem (ADIS) contains records of noncitizens’ arrivals and departures toand from the United States by air. Use ADIS to determine when the applicantlast departed the United States:
(a) (U) To check ADIS, use theSend ADIS Request report in the CCD under the Cross Applications tab, or youmay use the “Alt+O” shortcut function from the NIV PrintAuthorization Window. If the CCD ADIS report does not provide results, you mayrequest that the FPU) conduct further research in post’s standaloneversion of ADIS, which allows a more flexible search. You may also considerother evidence, such as airplane tickets; and
(b) (U) If the applicant hasbeen outside the United States for a year or more and did not obtain a ReentryPermit, then they are not eligible for a boarding foil, and must apply for avisa to return to the United States;
(3) Unavailable
(4) Unavailable
9 FAm 202.2-7 (U) LawfulPErmanent resident (LPR) Travel Documents
(CT:VISA-1988; 05-20-2024)
a. (U) The regulations of DHS contained in 8 CFR 211.1(b) relating towaivers of documentary requirements for immigrants provide for admission ofcertain applicant without visas. An unexpired IV, Reentry Permit, or othervalid entry document is required of an immigrant under INA 212(a)(7) except asindicated below.
b. (U) To satisfy INA 212(a)(7)documentary requirements, an LPR of the United States is generally required topresent a valid, unexpired Form I-551, Permanent Resident Card (also known as a“green card”), when seeking admission into the United States. See 9 FAM202.2-7(A) below for additional details on LPR travel with a Form I-551.
c. (U) LPRs may also travelwith a valid ADIT stamp (see 9 FAM202.2-7(B)), a boarding foil (see 9 FAM202.2-7(C)), a Reentry Permit, a Refugee Travel Document, or a ReturningResident visa (SB-1) (see 9 FAM202.2-7(E)). LPRs may also request admission based on aDHS waiver of documentary requirements (see 9 FAM202.2-7(F) below).
9 FAM 202.2-7(A) (U) LPR Travelwith a Permanent Resident Card (Form I-551)
(CT:VISA-1988; 05-20-2024)
a. (U) Form I-551, “Green Card”: Form I-551 is the primaryevidence of an individual's status as an LPR of the United States. Undernormal circ*mstances, an LPR of the United States is required to present avalid, unexpired Form I-551, Permanent Resident Card (also known as a“green card”), when seeking admission into the United States. Thebearer may use this card, in conjunction with national passport, and any othernecessary documentation, to board a U.S.-bound flight and apply for admissioninto the United States. If an LPR’s Form I-551 is lost, stolen, orexpires while the LPR is temporarily outside of the United States, atransportation company may refuse to board them (see 9 FAM 202.2-4above and 9FAM 202.2-7(C) below on issuance of boarding foils in such circ*mstances).
b. (U) LPR Returning to United States:An LPR returning to an unrelinquished domicile in the United States may notrequire a visa if the LPR:
(1) (U) Possesses a valid FormI-551, Permanent Resident Card, and is returning to an unrelinquished residencein the United States after a temporary absence abroad not exceeding 1 year; or
(2) (U) Possesses an expiredForm I-551 (valid for 10 years) if the expiration date is the only reason fornot boarding the individual. If an LPR is in possession of an expired Form I-551with a 2-year expiration date (a conditional permanent resident), see 9 FAM202.2-7(A), paragraph c(2) below).
c. (U) Conditional LPRs: AnLPR with conditional status (see 9 FAM 202.2-2,paragraph c above) returning to an unrelinquished domicile in the United Statesmay not require a visa if the LPR:
(1) (U) Possesses an unexpiredForm I-551, if the LPR is returning before the second anniversary of the date onwhich they obtained conditional residence under INA 216 or within 6 months ofthe date of filing a joint petition to remove conditional status obtained underINA 216, and is in possession of a receipt for such filing; or
(2) (U) Is seeking admissionor readmission after a temporary absence of less than one year, possesses anexpired Form I-551, accompanied by a computer-generated filing receipt issuedby DHS USCIS within the previous 6 months indicating that the applicant hasapplied for removal of conditional status (Form I-751, Petition to Remove theConditions on Residence, or Form I-829, Petition by Entrepreneur to RemoveConditions) or has been granted a waiver. An LPR in possession of an expiredpermanent resident card with a two-year expiration date must continue to haveevidence that the Form I-551 expiration date has been extended.
d. (U) Crewmembers: A visa isnot required of an LPR crewmember who is in possession of a valid Form I-551and is:
(1) (U) Regularly servingaboard an aircraft or vessel of U.S. registry; and
(2) (U) Returning after atemporary absence abroad of any length in connection with duties as acrewmember.
e. (U) Civilian or Military Employeeof the U.S. Government:
(1) (U) An LPR employee of theU.S. Government, civilian or military, who is outside the United Statespursuant to official orders may present a valid or expired Form I-551 whenapplying for admission into the United States even after being absent from theUnited States for one year or more (8 CFR 211.1(a)(6)). In addition, the LPRspouse or child of such an employee who resided abroad while the employee wason overseas duty and who is proceeding, accompanying, or following to joinwithin four months of the employee returning to the United States, does nothave to present a valid Form I-551. The official orders must mention that theLPR spouse or child is authorized to reside and accompany the employee abroadfor the specific period under consideration. Occasionally a transportationcompany will not accept the official orders to board the LPR and will request aboarding foil from the consular section. You should make every effort toaccommodate this request (see 9 FAM 202.2-5above for additional information on boarding foils);
(2) (U) Use of Form I-551, Permanent Resident Card, by LPR ArmedForces Members Discharged Abroad: An LPR member of the U.S. ArmedForces (see subparagraph e(4) of this section for a definition of this term)previously lawfully admitted for permanent residence and serving abroad isconstructively present in the United States. Such an LPR discharged abroad mayapply for readmission using the Form I-551, if thestay abroad does not exceed 1 year from the date of discharge;
(3) (U) Spouse and Children of U.S.Armed Forces Members or U.S. Government Civilian Employees Stationed Abroad:
(a) (U) The LPR spouse or childof a civilian or military employee of the U.S. Government outside the UnitedStates pursuant to official orders, who has resided with such employee abroad,does not require a visa if:
(i) (U) The spouse or childpossesses a valid or expired Form I-551;
(ii) (U) Has gone abroadaccompanying or following-to join such a spouse, or married the U.S. ArmedForces member or U.S. Government employee while abroad, even if the LPR hasbeen abroad more than 1 year, if theywould have been eligible to receive a visa as a returning resident at the timethe marriage occurred;
(iii) (U) Resided abroad whilethe employee or service person was on duty abroad; and
(iv) (U) Is preceding,accompanying, or following to join the employee or service person (principal)to the United States; and
(b) (U) In interpreting theprovisions of 8 CFR 211.1(b)(1) waiving the visa requirement for the spousesand children of Armed Forces members or U.S. Government civilian employeesserving abroad, DHS has held that:
(i) (U) The spouse or childneed not physically accompany the Armed Forces member or civilian employee tobenefit from the visa waiver if the LPR is preceding or following-to-join themember or employee;
(ii) (U) An LPR who does notphysically accompany the Armed Forces member or employee to the United Statesmust possess evidence that they are the spouse or child of a member or employeewho was stationed abroad on official orders and that the spouse or parent waspreviously lawfully admitted for permanent residence; and
(iii) (U) To benefit from thewaiver, it is not material whether the member or employee was dischargedabroad, or whether the spouse or child is residing in a country different fromthat in which the principal is stationed, if allother criteria for the waiver are met; and
(4) (U) Interpreting Term“Member of U.S. Armed Forces”: The term “member ofthe U.S. Armed Forces” as used in 22 CFR 42.1(b) embraces militarypersonnel only. It does not include civilians employed by or attached to theArmed Forces or working for firms under contract to the Armed Forces.
f. (U) American University of BeirutEmployees: An LPR returning to an unrelinquished domicile in the UnitedStates may not require a visa if they possess Form I-551, valid or expired, andis an employee of the American University of Beirut who is returning to apermanent residence in the United States after temporary employment with theUniversity (beneficiaries of Private Law 98-53). An LPR employed by the AUBmay present a Form I-551, Permanent Resident Card, in lieu of an IV, if they:
(1) (U) Present evidence ofLPR status;
(2) (U) Present proof of AUBemployment;
(3) (U) Were employed by theAUB immediately before traveling to theUnited States;
(4) (U) Seek admission eitherto remain temporarily in the United States and then resume employment with theAUB; or
(5) (U) Intend to resumepermanent residence in the United States.
g. (U) LPR Commuters Residing andEmployed in Contiguous Territory (Canada or Mexico):
(1) (U) An LPR who has beenlawfully admitted for permanent residence may commence or continue to reside inforeign contiguous territory. The LPR must present a valid Form I-551,Permanent Resident Card, in lieu of an IV and passport. The LPR may commute asa special immigrant, as defined in INA 101(a)(27)(A), to their place ofemployment in the United States to engage in daily or seasonal work which, overall,is regular and stable (see DHS regulations at 8 CFR 211.5); and
(2) (U) An LPR lawfullyadmitted for permanent residence may continue to reside in foreign contiguousterritory and commute as a special immigrant defined under INA 101(a)(27)(A) totheir place of employment in the United States. An LPR commuter who has beenout of regular employment in the United States for a continuous period of 6months will be deemed to have lost residence status, notwithstanding temporaryentries in the interim for other than employment purposes. However, an exceptionapplies when employment in the United States was interrupted for reasons beyondthe LPR's control other than lack of a job opportunity or the commuter candemonstrate that they worked 90 days in the United States in the aggregateduring the 12-month period preceding the application for admission into theUnited States.
9 FAM 202.2-7(B) (U) LPR Travelwith a Valid ADIT Stamp
(CT:VISA-1988; 05-20-2024)
a. (U) When an LPR presents apassport with an ADIT stamp indicating admission to the United States as an LPR(or adjustment to that status), the LPR may travel (without a boarding foil)while the ADIT stamp is valid.
b. (U) You should be aware,however, that you may encounter passports with counterfeit ADIT stamps. Anyquestions on the legitimacy of an ADIT stamp should be directed to DHS.
c. (U) Before advising the traveleror transportation carrier that a valid ADIT stamp is sufficient evidence ofprobable LPR status, you should make all reasonable efforts locally to verifythe individual's claimed status. This generally can be accomplished bychecking IV records in the CCD and usingthe Person Centric Query Service (available under the Other Agencies/Bureaustab in the CCD – see 9 FAM 202.2-6,subparagraph c(1) above).
d. (U) Featuresof a Valid ADIT stamp:
(1) (U) The ADIT stamp shouldread:
Upon endorsem*nt, serves as
Temporary I-551 evidencing
Permanent Residency for 1 year.
[Issue Date]
[Officer]
EMPLOYMENT AUTHORIZED
Valid Until [date]
(2) (U)In addition, directly below the stamp and to the left, the issuing officershould have written the A-number and the class of admission.
9 FAM 202.2-7(C) (U) LPR Travelwith a Boarding Foil
(CT:VISA-1465; 02-03-2022)
(U) If the LPR does not have avalid Form I-551 or ADIT stamp, a consular officer, at posts where there is nota DHS counter presence, may issue a secure boarding foil to facilitate theboarding of an in-status LPR on a U.S.–bound flight and the applicationfor admission to the United States. You may issue a secure boarding foil to anLPR whose Form I-551 is lost, stolen, or expired, if the LPR presents apassport with an ADIT stamp or you can confirm the applicant’s LPRstatus. See additional information on your role in issuing boarding foils in 9 FAM202.2-5(B) above.
9 FAM 202.2-7(D) Unavailable
(CT:VISA-1326; 07-23-2021)
Unavailable
9 FAM 202.2-7(E) (U) LPR Travelwith Other Documents
(CT:VISA-1988; 05-20-2024)
a. (U) Reentry Permit:
(1) (U) An immigrant returningto an unrelinquished lawful permanent U.S. residence after a temporary absenceabroad not exceeding 2 years may present a valid, unexpired Permit to Reenterthe United States (Form I-327) in lieu of an IV;
(2) (U) In the absence ofcontrary evidence, the Department presumes that application for a ReentryPermit before departure is prima facieevidence of intent to retain LPR status. However, failure to obtain a ReentryPermit should not be viewed automatically as intent to abandon residence andLPR status. A Reentry Permit, unless otherwise restricted, is valid for amaximum of two years and cannot be renewed. An LPR cannot apply for a ReentryPermit outside the United States; and
(3) (U) Lost/Stolen Re-EntryPermits: An individual whose Reentry Permit was lost or stolen canapply for a boarding foil in the same way as those who lost their Form I-551(see 9 FAM202.2-5 above). An individual could receive a boarding foil until 2 yearsfrom the date the applicant left the United States to the date the I-131A waspaid. To confirm whether a Reentry Permit was issued, you should review thePCQS case record. The USCIS Customer Profile Management Service (CPMS) in PCQSserves as the best report for confirming whether USCIS approved a ReentryPermit for a given individual. An approval date can be found in the"Transaction" field of the CPMS report. You would then request tosee a passport showing pertinent entry and exit stamps and and/or airlinetickets that show when the applicant departed the United States. You can alsorun a check of entry/exit records through ADIS.
b. (U) Refugee Travel Document:
(1) (U) DHS issues refugeetravel documents on Form I-571, Refugee Travel Document, in implementation ofArticle 28 of the United Nations Convention of July 28, 1951. Form I-571entitles refugees to return to the United States, if such persons have not abandoned theirresidence, lost their refugee status, or become excludable; and
(2) (U) In some instances, anLPR may be issued a refugee travel document, but only upon surrender of anyprior Reentry Permit. A valid Refugee Travel Document (Form I-571) issued toan asylee, refugee, or LPR should be regarded as a Reentry Permit. See 9 FAM 203.7 for additional information on Refugee TravelDocuments and your role in handling requests for extra pages and dealing withlost Refugee Travel Documents.
c. (U) Returning Resident (SB-1)Visa: LPRs who cannot return to the United States within the validityof their Form I-551, Permanent Resident Card, or Reentry Permit may apply at aU.S. embassy or consulate for a special immigrant Returning Resident (SB-1)visa. See 9FAM 502.7-2 for additional information on SB-1 visas.
9 FAM 202.2-7(F) (U) LPR Travelwith DHS Waiver
(CT:VISA-1988; 05-20-2024)
(U) An immigrant returning to anunrelinquished residence in the United States who does not possess a valid IV,Form I-551, a Permit to Reenter the United States, or a Refugee Travel Documentmay be granted a waiver under INA 211(b), if the DHS district director of thePOE is satisfied that there is good cause for failure to present the document.See 9 FAM 305.1 for additional information on DHS waivers ofdocumentary requirements.
9 FAM 202.2-8 (U) Loss of LawfulPermanent Resident (LPR) status
(CT:VISA-1988; 05-20-2024)
a. (U) You are not authorizedto make determinations concerning loss or retention of LPR status. However,see 9 FAM502.7-2 for a discussion of eligibility for Returning Resident (SB-1)status and your role in adjudicating such cases.
b. (U) Voluntary Abandonment of LPRStatus: An individual may have lost LPR status by voluntarilyabandoning LPR status. The abandonment may be recorded via Form I-407, Recordof Abandonment of Lawful Permanent Resident Status, or other document recordingthe abandonment, as described further below, but in many cases the LPR status willbe considered abandoned even when no form has been filed.
(1) (U) Surrendering Form I-551: In a case in which the applicant has abandoned LPR statusand wishes to voluntarily surrender their Form I-551, you may recommend (butnot encourage or require) that the applicant complete Form I-407 (see 9 FAM 202.2-8,paragraph c below for additional guidance) and send it along with the applicant'sForm I-551 to the USCIS Eastern Forms Center. You may not require a visaapplicant to relinquish Form I-551 as a condition to issuance of either an IVor NIV; and
(2) (U) You should keep inmind that it is not the statement relinquishing LPR status by itself, but theabsence of a fixed continuous, uninterrupted intent to permanently reside inthe United States, that results in the loss of LPR status.
c. (U) Record of Abandonment of LPRStatus - Form I-407:
(1) (U) Form I-407 provides ameans by which an individual may formally record that they have voluntarilyabandoned their LPR status. In addition to creating a record, Form I-407 isintended to ensure that the individual knowingly, voluntarily, willingly, andaffirmatively records the abandonment of status. The decision to abandonLPR status is strictly voluntary and consular staff should not encourage orrequire individuals to abandon LPR status or to record such an abandonment on FormI-407.
(2) (U) WhoCan File Form I-407: Any individual with LPRstatus may file Form I-407 to formally record voluntary abandonment of LPRstatus. The parent(s) or legal guardian(s) of an individual who is 14 years ofa*ge or younger may file Form I-407 on behalf of the minor. Form I-407 may befiled by individuals who are outside of the United States or at a POE. Form I-407 also may be filed byindividuals who were admitted into the United States as nonimmigrants orparoled into the United States after abandoning a prior LPR status.
(3) (U) Documents Required for FilingForm I-407 by Mail Outside of the United States:
(a) (U) Completed, signed Form I-407,or signed statement of abandonment (see paragraph 21 below);
(b) (U) Form I-551, ifavailable. If not available, the appropriate box on the form, should bechecked; and
(c) (U) All other USCIS - issuedbooklets and cards, if applicable;
(4) (U) How to File I-407: Asof July 1, 2019, Form I-407 is accepted by mail only, except in exceptionalcirc*mstances. Consular sections should NOT make available appointment slotsfor the sole purpose of accepting a Form I-407 by an individual.
(5) (U) Filing by Mail: Individualsmust file Form I-407 by mail directly to theUSCIS Eastern Forms Center. Consular sections should refer individuals to theForm I-407 instructions page for additional information on how to file by mail.
(6) (U) Limited Filing in Person forA and G Applicants: USCIS has delegated authority to consular officersto accept and process Form I-407 only in limited, exceptional circ*mstancesthat would require immediate proof of the abandonment of LPR status, such aswhen individuals are applying for an A or G visa. The Visa Office hasdetermined that the only time in person filing should be necessary is for A orG visa applications. Since LPRs generally are not permitted to serve asdiplomatic agents in the United States, the applicant usually would be requiredto voluntarily abandon their LPR status or forego the diplomatic assignment inthe United States. There are limited exceptions. See INA 247(b), 8 U.S.C.1257(b); 8 CFR 247. In these rare cases, it may be beneficial to accept FormI-407 to ensure expedited processing, rather than having the individual mailthe form to a USCIS office for processing. The processing of Form I-407 atconsular sections is not an adjudication, and your acceptance and processingthe form does not make a formal finding of loss of LPR status throughabandonment. However, USCIS has determined that youmay proceed with visa adjudication once the form has been accepted by aconsular officer as the abandonment of status will be back-dated to thesubmission date once USCIS processes the I-407 and are only extremely rarelydenied. Other NIV categories do notrequire proof of abandonment of LPR status, so youshould adjudicate those cases without requesting an I-407.
(7) (U) Exceptional Circ*mstances Requiringin Person Filing: If there are other special circ*mstances that maywarrant accepting the form, contact VO/F for approval.
(8) (U) Interviewing the LPR:In-person Interviews of Form I-407 Applications Shouldbe Rare. Individuals submitting Form I-407 in person must beinterviewed by an officer only if there is any indication that the individualis not acting voluntarily in recording the abandonment of LPR status. Thepurpose of the interview is to ensure that the individual is acting voluntarilyand to dispel any misinformation that may have led the LPR to believe they mustsubmit Form I-407. However, if there is no indication that the Form I-407 isbeing submitted involuntarily, either on the statement on Form I-407, or in anystatement made to consular staff who accepts the form at the intake window, aninterview is not required; and
(9) (U) If an interview isconducted, you should confirm the identity of the individual and that theperson filing Form I-407 is in fact the LPR. During the interview, you shouldensure that the action of Form I-407 being signed is voluntary and that theindividual understands the implications of abandoning LPR status. The officershould ascertain that the individual did not make the decision to sign Form I-407based on misinformation or incorrect advice;
(10) (U) Beforethe Individual to Signs Form I-407, Inform Them of the Following:
(U) Pursuant to USCIS guidelines:by signing Form I-407, they waive the right to a hearing before animmigration judge who would decide whether the individual lost their LPR statusdue to abandonment. If they choose a hearing before an immigration judgeinstead, the individual will have theright:
(a) (U) To be represented at noexpense to the U.S. Government by an attorney or accredited representative;
(b) (U) To challenge anyevidence that DHS may present against the individual;
(c) (U) To present evidence inthe individual’s favor;
(d) (U) To require that DHSprove, by clear, unequivocal, and convincing evidence, that the individual haslost their LPR status through abandonment; and
(e) (U) To appeal an adverse decision;
(11) (U) If you determine thatthe individual's action is informed and voluntary, you should verify the filingindividual’s signature, and accept the Form I-407;
(12) (U) The individual shouldsign the Form I-407 in front of you. If the form was already signed, youshould confirm that the signature is of that individual. There is norequirement for an oath;
(13) (U) The right to a hearingbefore an immigration judge can only be exercised in removal proceedings in theUnited States. An individual who resides abroad and who wishes to exercisethis right will have to travel to the United States;
(14) (U) If an interpreter isused for the interview, the interpreter must complete Part 2 of the form,providing the language they are fluent in, their full name, signature and date;
(15) (U) Parentalconsent: Generally, if a parent abandons LPR status, any minor childrenin that parent’s custody will also have abandoned their LPR status. If aparent, custodial parent, or legal guardian chooses to file a separate Form I-407on behalf of a minor child, the parent, custodial parent, or legal guardianmust show that they have custody of the minor child. The minor does not need tobe present, but the relationship and identity of the persons signing for theminor should be clear and certain. If there is only one parent, guardian orcustodian, proof (death certificate, custody decree, guardianship papers) mustbe submitted demonstrating that the person filing is indeed the sole decisionmaker for the child and Form I-407 must be completed accordingly. A parent,guardian or custodian must have sole legal custody to file Form I-407 withoutthe consent of the other parent. Consular staff should use local norms indetermining and verifying that the sole legal custody requirement is met, and acopy of the applicable document should be submitted to USCIS along with Form I-407;
(16) (U) Following theinterview, you should complete Part 3 (for government use only) of Form I-407.You should check Part 3, item 1, sign and date the form (in Part 3, items 4a to4e). A copy of the signed form should be provided to the individual as arecord of the action. Form I-407, Form I-551 (if available), any othersubmitted documents, and a cover letter to the USCIS Eastern Forms ServiceCenter:
USCIS Eastern Forms Center
Attn: 407 Section
P.O. Box 567
Williston, VT 05495
If not using U.S. mail, the addressshould be:
USCIS Eastern Forms Center
Attn: 407 Section
124 Leroy Road
Williston, VT 05495
(17) (U) Fees:There is no fee for this service. However, this service falls under theEconomy Act agreement between DHS/USCIS and the Department of State and ano-fee ACRS receipt (service code 100) should be issued for accountingpurposes;
(18) (U) Form I-407 andinstructions on how to complete the form can be found on the USCIS website; and
(19) (U) The Form I-407 is onlyfor recording the abandonment of LPR status, not for expired cards of LPRs whointend to keep their status.
d. (U) Loss by Rescission: Generally, within 5 years of an individual'sadjustment of status, DHS may rescind an adjustment of status if it is laterdetermined that the individual was ineligible for adjustment of status. Insuch cases, intent is not the issue: it is a question of statutoryeligibility.
e. (U) Loss due to Exclusion,Deportation, or Removal: LPR status is terminated by the entry of anadministrative order of exclusion, deportation, or removal. The termination ofLPR status occurs by operation of law.
f. (U) Loss by Reversion:Reversion terminates LPR status. Reversion is the process whereby an LPR canbe adjusted to the status of a nonimmigrant to A, E, or G status. The LPR canprevent reversion by waiving all the rights and benefits of the nonimmigrantstatus. In such instances, DHS is without discretion and must affect a reversion when the LPR fails toexercise action to contest the reversion. Thus, reversion is a change in LPRstatus that may be viewed as primarily driven by the operation of law. However,the LPR's intent is important, because the LPR can always prevent reversion byexecuting the statutory waiver of rights.
UNCLASSIFIED (U)
