Under U.S. immigration regulations, children who meet the following criteria do not need to obtain a visa to immigrate to the United States.

1. The child born abroad after the issuance of an immigrant visa is accompanying parent within the validity of the parent’s immigrant visa, or
2. The child born during the permanent resident mother’s temporary visit abroad provided that;
   1. Admission is within 2 years of birth; and
   2. Either accompanying parent is applying for readmission upon first return after the birth of the child.

Generally, the child should present the following information or documents to apply for admission.

1. Valid passport or travel document
2. Child’s birth certificate listing both the mother and the father (An English translation if the original document is not in English)
3. Proof of parent’s permanent resident status (a valid permanent resident card “green card”, or a valid re-entry permit)

Reference

8 CFR (Code of Federal Regulations of the United States of America), Section 211.1(b)(1):

(1) A waiver of the visa required in paragraph (a) of this section shall be granted without fee or application by the district director, upon presentation of the child’s birth certificate, to a child born subsequent to the issuance of an immigrant visa to his or her accompanying parent who applies for admission during the validity of such a visa; or a child born during the temporary visit abroad of a mother who is a lawful permanent resident alien, or a national, of the United States, provided that the child ‘s application for admission to the United States is made within 2 years of birth, the child is accompanied by the parent who is applying for readmission as a permanent resident upon the first return of the parent to the United States after the birth of the child, and the accompanying parent is found to be admissible to the United States.

Citizenship and Immigration Services (USCIS) issues Permanent Resident Cards (I-551) to immigrants who are legally admitted for residence in the United States. Permanent Resident Cards (commonly known as “Green Cards”) can only be issued or replaced in the United States and cannot be obtained overseas.

If you have one of the following items, a boarding foil is not required:
These individuals should consult their air carrier prior to applying for a boarding foil (completion of an I-131A form and payment of the fee).

• An expired Permanent Resident Card with a 10-year expiration date,
• An expired Permanent Resident Card (with a two-year validity), and a Form I-797, Notice of Action, indicating that status is extended,

Note: If you have an expired Green Card with a 2-year expiration date AND a Form I-797, Notice of Action, showing that they have filed a Form I-751 or Form I-829 to remove the conditions on their permanent resident status, the Form I-797 extends the validity of the card for a specified length of time, generally one year.

• Orders from the U.S. government (civilian or military) showing that time outside the U.S. was on official government business.
• A valid Reentry Permit.

If you have left your Green Card in the United States, you should ask a friend or relative there to send you the card.

If your Green Card has been lost, stolen, or destroyed, you may be able to obtain a “Boarding Foil” valid for 30 days or less, for a single entry. To issue a “Boarding Foil”, the consular officer interviews you to confirm that you hold a Lawful Permanent Resident status in the United States.

How to apply for a boarding foil:

Step 1: Pay the I-131A filing fee online.

• Pay the filing fee using a credit or debit card or U.S. bank account through the USCIS online payment system ELIS. Be sure to read the instructions before you pay as this fee is not refundable regardless of the decision on the application. Applicants will need their A number in order to pay the fee, which they may obtain from the nearest USCIS office if they do not have it.
• If you plan to file a Form I-131A to apply for a LPR boarding foil, please note that you must pay the filing fee online on the USCIS website before appearing in person at a consular section. Information on the new form and fee is located here. You must bring evidence of payment, in the form of a printed email receipt notice or confirmation page, when you appear in person to file Form I-131A. As with all immigration fees, USCIS does not issue refunds, regardless of the decision on the application. USCIS will also not provide applicants an I-131A fee payment refund if the individual should have applied for an SB-1 instead of a boarding foil.
• Q: Where can I obtain my A number or find out more information?
  A: Please direct your inquiries to the nearest USCIS field office location.
• Q: Can the I-131A fee paid to USCIS be refunded?
  A: An I-131A fee will only be refunded in the event of U.S. government error. USCIS will not process a refund if an applicant later determines that an LPR boarding foil was unnecessary.

Step 2: Prepare the following documents

• A completed Form I-131A Page 1-3 (and page 4-5 if applicable)
• Copy of payment receipt for the I-131A online, i.e. a printed email receipt notice or confirmation page
• Unexpired passport
• Your airplane tickets (the one ticket showing your most recent departure date from the U.S.). Do NOT buy non-changeable tickets to return to the U.S. until you have received your boarding foil.
• Evidence of your U.S. Lawful Permanent Resident status (e.g. passport showing the admission stamp to the United States as a Lawful Permanent Resident, copy of your green card if available)
• Evidence that you were in the United States within the last 12 months
• Thai Police report from when the card was lost or stolen. Detailed explanation is required as to when and to whom you reported loss or theft of the card, if police report is not available, and an English translation
• One passport-style color photograph with white background taken within 30 days. Note: Applicants are not permitted to wear eyeglasses in the photos.

Processing time will depend on the circumstances of your case and the amount of information and evidence you provide. The normal processing time is five working days from the time of your interview with a consular officer, but individual circumstances can vary. Also, at least two visits to the embassy are required. (i.e. One for the interview, and one for picking up your passport with a boarding foil when approved.)

Step 3: Make an appointment to come to the Consular Section of the U.S. Embassy in Bangkok for an interview with a consular officer

• Schedule the boarding foil interview appointment online here
• When you come to your appointment, you need to have all the documents in step 2 already prepared and bring them with you. If you do not have these completed documents with you, the consular officer will be unable to interview you and you will need to make another appointment for a later date.

Form I-407 may be filed by individuals who are outside of the United States.

Filing by mail:
The decision to abandon LPR status is strictly voluntary. If you wish to abandon your lawful permanent resident status, you are encouraged to directly file Form I-407 by mail with an USCIS Eastern Forms Center at the address below.

Mailing address:
USCIS Eastern Forms Center
Attn: I-407 unit
124 Leroy Road
PO Box 567
Williston, VT 05495,  U.S.A.

Note: Beginning July 1, 2019, USCIS will no longer accept Form I-407, Record of Abandonment of Lawful Permanent Resident Status at international field offices by mail or in person.

For details, please visit USCIS website: https://www.uscis.gov/news/alerts/uscis-will-no-longer-accept-i-407-international-field-offices

Documents required for filing by mail:

NOTE: DO NOT mail passport to the USCIS Eastern Forms Center. Please also note that any submissions containing incomplete or unsigned Form I-407s will be rejected and returned to the sender unprocessed by USCIS.

SPECIAL NOTE: Abandoning your Permanent Resident Card (Green Card) and status does not affect your ability to apply to immigrate to the United States again in the future. However, you will have to begin the process anew and apply through the regular application process.

What is a “Conditional Resident?”

You are a Conditional Resident if you immigrated to the United States as a spouse of U.S. citizen before the second anniversary of your marriage, which is the basis of your immigrant status. If you have children, they also may be Conditional Residents. The investor visa (EB5 Investor) also grants conditional residency. It requires an application procedure after two years to remove the condition on the permanent residency.  The expiration date of this conditional resident status is noted on the immigrant’s permanent resident card.  Conditional residents must file either Form I-751(Petition to Remove the Conditions on Residence), or Form I-829 (Petition by Entrepreneur to Remove Conditions). This petition must be filed within the 90-day period immediately preceding the second anniversary of the date you were granted conditional permanent resident status. This date is usually the expiration date of your Permanent Resident Card.

Useful Link:

• Definition of Conditional Permanent Resident
• Inquiry About Status of I-551, Alien Registration Card
• Removing Conditions on Permanent Resident Based on Marriage

NOTE: While every effort has been made to ensure the quality and accuracy of the visa information contained in this site, all content is subject to change without notice. The Embassy makes no warranty, express or implied concerning the information provided. For information regarding Lawful Permanent Residents, please visit USCIS website.

While most immigrant visa petitions are filed in the United States, there are limited provisions for filing certain types of petition forms outside the United States. Please review the USCIS website for detailed guidance when an I-130 Petition for an Alien Relative can be accepted and adjudicated at the U.S. Embassy Bangkok.

If you believe you qualify for an exceptional situation that merits an exception from filing an I-130 petition in the United States, please submit the request form below.  The petitioner must be residing in Thailand, not living in the United States, and available to come to the U.S. Embassy to interview and deliver the I-130 petition in person. The beneficiary for whom a petition is filed must be able to remain in Thailand for the duration of time it takes to process the visa application.

Examples of exceptional circumstances include:

• Military emergencies – A U.S. service member, who is abroad but who does not fall under the military blanket authorization for U.S. service members stationed abroad on military bases, becomes aware of a new deployment or transfer with little notice. This exception generally applies in cases where the U.S. service member is provided with exceptionally less notice than normally expected.
• Medical emergencies – A petitioner or beneficiary is facing an urgent medical emergency that requires immediate travel.
• Threats to personal safety – A petitioner or beneficiary is facing an imminent threat to personal safety. For example, a petitioner and beneficiary may have been forced to flee their country of residence due to civil strife or natural disaster and are in precarious circumstances in a different country outside of the United States.
• Close to aging out – A beneficiary is within a few months of aging out of eligibility.
• Petitioner has recently naturalized – A petitioner and family member(s) have traveled for the immigrant visa interview, but the petitioner has naturalized and the family member(s) requires a new petition based on the petitioner’s citizenship.
• Adoption of a child – A petitioner has adopted a child abroad and has an imminent need to depart the country. This type of case should only be considered if the petitioner has a full and final adoption decree on behalf of the child and the adoptive parent(s) has had legal custody of and jointly resided with the child for at least 2 years.
• Short notice of position relocation – A U.S. citizen petitioner, living and working abroad, has received a job offer in or reassignment to the United States with little notice for the required start date.

If your request is denied, please follow the instructions on the USCIS website to file your immigrant visa petition.

If you are a Lawful Permanent Resident and you have been outside the United States over one year (or beyond the validity of your re-entry permit) for reasons beyond your control, you may be eligible for a Returning Resident (SB-1) Visa.  You can learn more about Returning Resident Visas on the Department of State website.

Please note that if you were originally admitted to the United States in conditional status, you cannot qualify for SB-1 returning resident status if your two-year Green Card has already expired and you have not taken the appropriate timely steps to have your conditional status lifted before the card expired.  In this case, you must have a new petition filed on your behalf with the U.S. Citizenship and Immigration Service (USCIS) and start the entire immigrant visa process all over again.

If your application for returning resident status is approved, this eliminates the requirement that an immigrant visa petition be filed on your behalf with the Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS). SB-1 visa applicants must come in person to the U.S. Embassy to be interviewed two different times.  The first interview includes a review of the application to determine if the applicant qualifies for returning resident status.  If the application for returning resident status is approved, then a second interview with a consular officer will be conducted to ensure the SB-1 applicant meets the documentary and eligibility requirement for an immigrant visa. This includes presenting all civil documents required for an immigrant visa and obtaining a medical examination.

Qualifications for Returning Resident Status

To qualify for returning resident status, you will need to prove to the Consular Officer that you:

• Had the status of a lawful permanent resident at the time of departure from the U.S.;
• Departed from the U.S. with the intention of returning and have not abandoned this intention; and
• Are returning to the U.S. from a temporary visit abroad and, if the stay abroad was extended, this was caused by reasons beyond your control and for which you were not responsible.

How to Apply 

Applicants seeking to apply for Returning Resident Visa (SB-1) need to submit copies of these documents to the Immigrant Visa Unit in Bangkok by email at ivschedulingbangkok@state.gov:

• Completed Form DS-117 Application to Determine Returning Resident Status
• Your USCIS document (I-551 or I-327)
• Your passport

Once your documents are received and reviewed by the Immigrant Visa Unit, applicants will be contacted via email with instructions about scheduling an appointment to interview with a consular officer.  At that time your DS-117 and supporting documents will be reviewed.  Please allow at least seven business days after submitting the documents before contacting the Immigrant Visa Unit by email to follow up on your case.

All Returning Resident Applicants must pay an application fee of $180.00 to the consular cashier on their first interview date.  U.S. Embassy accepts payment using U.S. Dollars or Thai Baht in cash, or the following credit cards in U.S. Dollars: Visa, MasterCard, Discover and American Express.  Payment of the filing fee is not refundable and does not guarantee that the application will be approved.  If your application for returning resident status is approved, you will be required to pay an additional fee of $205.00 when you return for your second interview for your immigrant visa.  Instructions for the immigrant visa application will be provided to you after your first interview.

The processing time for each case may vary upon the individual circumstances.