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Philippines Airlines Requires Boarding Letter from GC Holders
Posted
Sep 05, 2003
According to reports received by the American Immigration Lawyers
Association (AILA), permanent residents who are not in possession of the
plastic "green" card (which has, for decades, been pink and white and no
longer green in color at all) have been refused permission to board airlines
departing from the Philippines. These individuals had the I-551 "temporary
evidence" stamp in their passports. This stamp is temporary evidence of
lawful permanent residence, issued as proof of permanent resident status
until the issuance of the physical, plastic card. The I-551 is valid proof
that the individual is a permanent resident and authorized to work and
travel. No additional proof of status is required at the Port of Entry. This
notwithstanding, the airlines departing from the Philippines have been
insisting that such individuals have "boarding letters," which must be
obtained at the U.S. consulate abroad.
A boarding letter is a letter issued by the U.S. Embassy or Consulate,
directed to the transportation company and the Port of Entry officials. It
confirms that the individual named in the letter is a permanent resident and
that the individual's permanent residence has been verified by the BCIS. It
is typically used by individuals who, for some reason, do not have other
proof of permanent residence. This is usually because the physical card
identifying her/him as having permanent resident status has been lost or
stolen. The letter should not be necessary if one has proof of permanent
resident status, such as the I-551 stamp.
A boarding letter states that the transportation company may transport the
foreign national to the U.S. without danger of being subjected to certain
fines for bringing persons with improper immigration documents to the U.S.
Although no explanation of the airlines' reasons for requiring the boarding
letter has been provided, the likely reason is that the airlines fear
incurring these fines, which can be $3,000 per foreign national. They may be
concerned that the I-551 stamps, which are rather simple in appearance, may
be forgeries.
These airline policies could be problematic for people with I-551 stamps,
who have been correctly advised that the stamp is adequate proof of their
lawful permanent resident status for all purposes. The stamp is unique and
actually difficult to forge. At this time it is unclear whether the embassy
or consulate would be willing to issue the boarding letters for these
individuals, in light of the fact that they have valid and legally
sufficient evidence of lawful permanent resident status. At the very least,
it is an extra burden on the foreign national and the U.S. Embassy or
Consulate.
We certainly hope that this practice is not begun in other locations, and
that it can be resolved quickly. Anyone planning to travel through the
Philippines with only the I-551 stamp should understand that there is
potential for a delay and should possibly consider rerouting flights to
avoid this problem, or ensure the ability to obtain the boarding letter from
the consulate or embassy.
©
The
Law Office of Sheela Murthy, P.C.
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