Jadm

HI,
I am hoping someone can clear this up for us. We have read about after
recieving the 1yr written letter of extension when filing our I-751
that when THAT extension is due to expire (Sept 21 2004) that we DONT
need to run off to our local INS office and get my UK hubs passport
stamped. We are still waiting on a decision on our petition and have
just sent out the packet for an RFE TSC requested. Is there somewhere
in writing on the BCIS website that states we dont need the stamp in
hubs passport and we are good to go with his original paper extension?
I cant find it if there is! His extension expires 9-2004 and we are at
the end of August already, eeks.

sphyrapicus

Here you go.

http://uscis.gov/graphics/lawsregs/h...ensn120203.pdf

Rete

Can't tell you if or where it is written in the regulations but the consensus for those of us who were there and did that is that no you do not need another I-551 stamp unless your employer is being hardnosed about having visible proof of your status or you are planning on travel outside of the US. Your status has not expired while you are awaiting final adjudication of your I-751. It is the green card itself that is expired. Liken it to a credit card. You have an account and the card expires after a certain number of years and the credit card company sends you a new one. If delayed your credit account is still open and valid only you don't have a card to swipe through at the store to make charges on it.

Rete

Folinskyinla

Hi:

FWIW, the statute does require an alien to have proof of lawful registration with them at all times.

Rete

True which is why one our friends, another Can/Am couple, never left her house without her passport with the K-1 in it and after approval of her AOS her I-551 until the green card came in the mail. Back then it was 10 to 12 months before you got the card so she carried that passport with her for nearly 16 months.

Rete

sphyrapicus

The carrying of the I-551 on one's person at all times is a myth. It must be in your possession at all times but not necessarily on your person. See: http://uscis.gov/graphics/howdoi/PermRes.htm

"Permanent Resident Card
The Permanent Resident Card, Form I-551, is issued to all Permanent Residents as evidence of alien registration and their permanent status in the US. The card must be in your possession at all times. While that does not require that you have on your person at all times, it does require that you have a currently valid card and that you know where it is and can show it to an immigration officer, if requested."

Rete

Well my husband the Canadian and our friend the Canadian who we met here on the forum took the word posession literally ;-) They both carried their green cards until they became US Citizens.

So perhaps Ms. Parrish can now call some Canadians idiots instead of using that word only to describe Americans.

Rete

sphyrapicus

I may have to recant what I said. There seems to be conflicting information on the USCIS web site.

http://uscis.gov/graphics/howdoi/replace.htm
says:

Section 264 of the Immigration and Nationality Act provides that, "Every alien in the United States … shall be issued a certificate of alien registration or an alien registration receipt card in such form and manner and at such time as shall be prescribed under regulations...." It also states, "Every alien, eighteen years of age and over, shall at all times carry with him and have in his personal possession any certificate of alien registration or alien registration receipt card issued to him.... Any alien who fails to comply with [these] provisions shall be guilty of a misdemeanor" and may be subject to fine and/or inprisonment upon each conviction. The specific requirements and procedures for applying to replace a permanent resident card are included in the Code of Federal Regulations [CFR] at 8 CFR § 264.5.

But http://uscis.gov/graphics/howdoi/PermRes.htm
says:

The Permanent Resident Card, Form I-551, is issued to all Permanent Residents as evidence of alien registration and their permanent status in the US. The card must be in your possession at all times. While that does not require that you have on your person at all times, it does require that you have a currently valid card and that you know where it is and can show it to an immigration officer, if requested. The Permanent Resident Card currently is issued with a 10-year validity. You status as a Permanent Resident does not expire with the 10-year validity. Only the card expires. The card is only valid up to the expiration date and must be renewed before it expires.

If we go back to the Immigration and Nationality Act http://uscis.gov/lpBin/lpext.dll/ins...htm#slb-act264
Sec. 264. [8 U.S.C. 1304]
It says:

(e) Every alien, eighteen years of age and over, shall at all times carry with him and have in his personal possession any certificate of alien registration or alien registration receipt card issued to him pursuant to subsection (d). Any alien who fails to comply with the provisions of this subsection shall be guilty of a misdemeanor and shall upon conviction for each offense be fined not to exceed $100 or be imprisoned not more than thirty days, or both.

So, I guess the Canadians weren't "idiots" afterall.

jcsutton

I'm still a little unclear here. We've just received my wife's I-797 1 year extention notice. We're planning to travel overseas in November. Will her then expired card with the I-797 be sufficient documentation? After reading the link provided by SPHYR above it would seem so. Any concurrence would be appreciated...

sphyrapicus

jcsutton,

Your statements are conflicting. In your first post you said that your I-797 extension expires Sept 21 2004. In this latest post you say that you "just received" your wife's I-797. Which is it? If the I-797 will be valid during your trip then you are fine to take your expired green card along with your I-797 1-yr extension. If the I-797 1-yr extension will be over at any time during your trip then I would advise you to get a stamp in your passport before you travel. You don't "officially" need the stamp as per the memo I referred to above. Your extension is good until your I-751 is adjudicated. However, it is always good to have the stamp in your passport in case some officer at the POE is not familiar with Yates memo.