Passport Control At Tan Son Nhut

A few years ago, some of the airlines at Tan Son Nhut were checking Green Cards and Re-entry permits carefully before they allowed Permanent Residents to receive boarding passes for their flights to the US. Recently we received reports that Passport Control at Tan Son Nhut is doing the same thing, but more strictly.
 
According to the reports we received, Passport Control is not allowing Permanent Residents to board flights to the US if they have been in Vietnam for more than one year. This has happened to Permanent Residents who have no Re-entry Permits, and also to passengers who do have two year Re-entry Permits that are still valid.
 
We also note that some Permanent Residents were not allowed to board their flights even after the airlines had checked them in and given them boarding passes. This is an unusual situation because it seems that Passport Control is carrying out a function of US CIS.
 
Robert Mullins contacted the American Consulate General in Saigon to ask about this new policy at Tan Son Nhut. The Consulate said that a permanent resident with a valid green card is allowed to stay outside the US for only up to one year, no matter if the green card is valid for two or ten years.
 
If the permanent resident obtained a valid re-entry permit prior to leaving the United States, then they may stay outside the US for up to one year and some re-entry permits may be valid for up to two years.
 
The Vietnamese Custom officers at Tan Son Nhut airport do have authority to deny exit to permanent residents if their Vietnam visas show they have been in Vietnam for over one year or
if they try to board the airplane without presenting a boarding letter (BL) issued by the US Immigration and Customs Enforcement (ICE) office.
 
Unfortunately, permanent residents who are in Vietnam cannot get a Boarding Letter from ICE because the nearest ICE office is now in Bangkok.
 
The airline’s permission to allow their passengers to board the airplane does not affect or override the decision made by Vietnam Immigration office.
 
If a Permanent Resident is outside the U.S. for more than one year, he or she can apply for re-entry into the US in two ways:
 
Option One is to apply for an SB1- Returning resident visa with the US Consulate in Ho Chi Minh City by clicking http://hochiminh.usconsulate.gov/iv/lpr.html.
 
Option Two requires an eligible family member in the US to file a new immigrant visa petition for the permanent resident to return. However, this requires the same processing and waiting time as a new petition.
 
Clearly, the best way for permanent residents to avoid problems when returning to the US is to stay abroad for less than one year.
 
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Q.1. Can permanent residents who have been in Vietnam for less than one year apply for a Re-entry Permit?
 
A.1. The Re-entry Permit can only be applied for in the US because biometrics are required. However, after submitting the Re-entry Permit application, the permanent resident can go abroad and receive the Re-entry Permit while outside the US.
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Q.2. Is it easy to get an SB-1 Re-turning Resident Visa at the Consulate?
 
A.2. In order to qualify as a returning resident, an individual must convince a consular officer that he/she departed the U.S. with the intention of returning after a stay of less than one year abroad, and that his/her failure to return to the U.S. as planned was due to reasons beyond the individual’s control, such as bad health or a family crisis.
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Q.3. What does CIS say about staying outside the US for more than a year?
 
A.3 CIS may decide that you have abandoned your permanent resident status if you
 
· Move to another country intending to live there permanently, or remain outside of the United States for more than 1 year without obtaining a reentry permit or returning resident visa or
· if you remain outside of the United States for more than 2 years after issuance of a re-entry permit without obtaining a returning resident visa, or
· if you fail to file income tax returns while living outside of the United States.


 
ROBERT MULLINS INTERNATIONAL www.rmiodp.com
Immigration Support Services-Tham Van Di Tru

9070 Bolsa Avenue, Westminster CA 92683 (714) 890-9933 
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