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PDF Editor FAQ

Can I board an international flight if I lost my green card?

“Can I board an international flight if I lost my green card?”You haven’t mentioned where you might be flying to.If you will be returning to the US, the airline staff will not board you if you don’t have proof that you will be admitted: either a valid US nonimmigrant or immigrant visa, a green card or a valid ESTA/VWP clearance.If you haven’t proof that you will be admitted, then if you aren’t admitted, the airline will be responsible for returning you to where you came from, as well as paying a substantial fine. They don’t want to be subjected to this, so will probably refuse to let you board.The fact that you will claim that you lost your card but really, truly are an LPR will not convince them. So even if, if you were to arrive, CBP might take you aside, interview you, and admit you anyway means nothing; you would have to get there first, and the airline won’t risk the carrying you at all.See what USCIS advises:“If you lose your Green Card or reentry permit or it is stolen or destroyed while you are abroad, you may need to file a Form I-131A, Application for Travel Document (Carrier Documentation). This carrier documentation will allow an airline or other transportation carrier to board a lawful permanent resident bound for the United States without the carrier being penalized. For more information, please see the Form I-131A, Application for Travel Document (Carrier Documentation) page.”

What happens when a green card holder medical student won’t enter the US for more than 1.5 years?

A green card holder who intends to study full-time in another country should use USCIS form I-131 to apply for and receive a re-entry permit BEFORE LEAVING THE US. That allows a green card holder to remain outside the US for up to two years without losing permanent resident status.Application for Travel Document

My H1 visa is approved but my spouse H4 visa is denied. We applied for MTR (motion to reconsider) for H4. What if MTR decision will get denied? Can we still do H4 stamping in India based on my current H1 approval?

There is no provision for a “motion to reconsider” of a refused H-4 visa application. Motions to reconsider apply to petitions filed with USCIS and denied by USCIS, but H-4 visas are not subject to a separate USCIS petition. The H-4 applicant simply files Form DS-160 with the Department of State on the basis of the H-1B principal’s preexisting approval, a process in which USCIS is not involved. As this was an application for a non-immigrant visa refused by a consular official, it is not eligible for a motion to reconsider. There is no formal process for requesting reconsideration of the decision of a consular officer to refuse an application for a non-immigrant visa. See 9 FAM 403.10 (U) NIV REFUSALSYou can informally ask the consulate to reconsider the refusal, but the consulate is not required to entertain this request. Or you can file the DS-160 application again, but unless you somehow address the reason for the refusal (which would have been conveyed to you by the consular official, although you likely do not understand what it was), you will simply be refused again.My best guess is that the refusal was because either the documentation you provided to prove a marital relationship was inadequate, or your spouse is inadmissible to the United States for some reason. But that’s just a guess; I don’t know the particulars of your situation. H-4 refusals are fairly uncommon: in FY2019, the BCA issued 125,999 H-4 visas, and refused only 2,376.Obviously, because your spouse’s application for a visa was refused, your spouse cannot and will not be issued a visa on the basis of that application.Update: It occurs to me that what you really meant is that your spouse filed a I-539 petition to change status from whatever he or she was in now to H-4. This is not an application for a visa, but instead a petition to change status. It is subject to being heard by USCIS, and is, in theory, subject to a motion to reconsider if denied.If this is what happened in your spouse’s case—hard to be sure because you were not precise in how you asked the question—then it is theoretically possible, but practically unlikely, that your spouse could, in fact, travel out of the country and then attempt to get an H-4 visa issued through consular processing. However, the consular officer should be able to see that the I-539 petition was denied and the reason for that denial, and will likely refuse the application for a visa for the same reason unless you can convince the consular officer that that prior denial was in error or that the circumstances that warranted that denial do not exist. This will be difficult if you don’t understand the reason for that denial. Even if the consular officer approves the application for a visa, the CBP immigration officer who handles your spouse’s request to be admitted using any visa issued will be able to see that the prior I-539 was denied and the reason for the denial, and will deny admission if the CBP officer concludes that the conditions that justified the prior denial still obtain and still justify denying admission.“Try over and over again until you succeed” is not a good strategy for dealing with US immigration. If you are denied, you really need to make some effort to address the reason for the denial before trying again, or you’ll just be denied again and again.

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