“Я не волшебник, я только учусь…”
Господин Раевский, Вы не могли бы одобрить текст письма?
I think that I haven’t explain my problem in a proper, clear way, I apologies. Let me explain it again.
I have been granted an Immigrant Visa IR5 and have entered US on 07/XX/2008. As a US permanent resident I was awaiting the receipt of my Permanent Resident card, but I had to go back to Belarus due to family reasons prior to receiving the card.
I’m planning to return to the United States on 2/28/2009. The only way for me to get to USA is airplane. Any of available airlines departing from Belarus, Russia, Ukraine, etc. have the same boarding rule for trans-Atlantic flights to the USA - passenger must provide a prove of eligibility to enter US. In my case my immigrant visa is already expired and I didn’t receive my plastic Green Card yet. So the only way for me to prove the eligibility to enter US during the boarding process is the transportation letter. Again, all airlines require this prove regardless of departing country.
Here is the information that I have found on http://www.state.gov/documents/organization/88020.pdf :
9 FAM 301.2 Procedures in Emergency Circumstances
If the alien has firm travel reservations and time does not permit normal processing of form I-90, the consular officer must first interview the applicant to confirm his or her identity, and, if satisfied, determine which of the three procedures described below is appropriate. In most cases, replies will be received within five working days or, at most, in 10. However, further delays may occur in cases where the applicant lacks adequate secondary evidence establishing permanent resident status. [See 9 FAM PART IV Appendix N, 301.2-3.] The form I-90 fee should not be charged in these cases, since it will be collected by INS when the alien arrives in the United States and applies for a new Form I-551.
9 FAM 301.2-1 Alien’s Passport Contains ADIT Stamp
a. When the applicant presents a passport with an Alien Documentation and Identification System (ADIT) stamp, indicating admission to the United States as a lawful permanent resident alien (or adjustment to that status), a boarding authorization letter [see 9 FAM PART IV Appendix N, Exhibit VIA] may be issued within the validity of the stamp (normally six months) at the discretion of the consular officer, without referral to INS/HQ for verification.
b. In exercising this discretionary authority, the consular officer should make all reasonable efforts locally to verify the alien’s claimed status, by checking local card files if the immigrant visa was issued at post, or, if the visa was issued by another post, verifying the issuance through the issuing post. The consular officer should also be aware, however, that there have been cases of passports with counterfeit ADIT stamps. The ADIT stamp reads:
PROCESSED FOR I-551 TEMPORARY EVIDENCE OF LAWFUL ADMISSION FOR PERMANENT RESIDENCE VALID UNTIL (DATE) EMPLOYMENT AUTHORIZED.
There is such note at the bottom of my immigrant visa, so I think I’m eligible for transportation letter.
I’m kindly asking for your attention to my case.