Re: Re-enter the US

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Music and Art at the Ukrainian Institute of America
Music and Art at the Ukrainian Institute of America


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Posted by Alex U on July 03, 2001 at 15:01:09:

In Reply to: Re: Re-enter the US posted by Dmitri on July 03, 2001 at 14:05:56:

Thanks Dmitri,

She has the advanced parole document and her ukranian passport. I think the best way to avoid this problem to get the stamp PMZh before we will go in Ukraine. I assume i can work it out through my friends over there. what do you think about this?

Alex
: Dear Alex,

: I assume you haven’t had the interview with INS regarding the Green Card (GC) yet. Then I have a question. Does your wife have an Advance Parole? If she does not then she probably should not leave US otherwise she won’t be able to came back.

: I assume you are talking of so called PMZh stamp for your wife. The stamp is issued by the Ministry of Internal Affaires (or whatever they are called) and certifies that the person permanently resides abroad.
: Now, does your wife need that stamp in her Passport? That is a very confusing issue and there possible different interpretations of the law. Technically every citizen of Ukraine must obtain that stamp prior to leaving Ukraine provided he/she intends to reside in other country permanently (immigrate). And presence of that stamp is required when that person departs form Ukraine. The problem appears when a person has a GC but does not have PMZh stamp. A Passport Control Officer in Ukraine assumes that each GC holder is an immigrant and supposed to have that PMZh stamp. From other hand, the CG alone does not obligate you to immigrate, it merely gives you that option - you may take or may chose not to. So, go figure who is right here. Most people who don’t have the stamp travel back and forth without a problem. Although there were cases what some Ukrainians were stopped at the airport and denied exit. In that case I heard some people had to spend at lest 3 months in Ukraine getting the stamp in their passport. Cases like that are rare but, as I understand it happens. Many Ukrainians choose to avoid the possible problems by requesting a Travel Document issued by INS. In that case they need to apply for Ukrainian Visa since they are not travelling under Ukrainian Passport.

: So, there is no definite answer to your question. If I were your wife I’d make sure I have an Advance Parole first so I could go back to my husband’s country. Secondly, I would not worry about getting in trouble in the airport, since she does not even have the GC yet and her status in the States is not very determined. She could plainly explain the whole situation to the Officer and most likely he will let her through. Even if she has to deal with an absolutely stubborn Officer end misses her flight she can always take a train to Warsaw and fly out of there the very next day without a problem. But the last scenario is very extreme (though possible). I think most people who got stuck at the airport just couldn’t present their case good enough.

: I think the Travel Document is the best deal, but I believe you can only get it if you are a GC holder. I might be wrong on that.

: Anyway, I hope this helps (most likely it got you even more confused).

: Good Luck,

: Dmitri

:
: : I have a short question. My wife came to the US as my fiancee. We have applied for
: : a green card. We're planning to visit her parents in Ukraine. There is a question: Do
: : we need the stamp from OVIR which is telling that she lives in the US permanently
: : to exit from Ukraine? If so how can she get this stamp? Any help, would be really
: : appreciated.

: : Thanks,
: : Alex




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  • Re: Re-enter the US Dmitri 15:21:26 07/03/01 (0)

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