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Replacing permanent resident card at age 14

Replacing permanent resident card at age 14

Old Feb 27th 2014, 4:48 pm
  #16  
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Default Re: Replacing permanent resident card at age 14

FWIW, section 262(a) is part of the Immigration & Nationality Act of 1952 as enacted and it has not been amended since then. See also 8 CFR 264.1(g)(1) which pretty much goes back to 1960.
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Old Feb 27th 2014, 5:02 pm
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Default Re: Replacing permanent resident card at age 14

Originally Posted by ian-mstm
You're supposed to know the rules under which you immigrate. It's not the US government's job to inform you of your rights and responsibilities.
Fair enough, but the mailer I mentioned did have instructions on when to replace the card under other circumstances so why not these? And their website is FULL of helpful advice about what to do and when. If a card is supposed to replaced at a certain time, then I think it's reasonable to expect to be notified when I receive the card.

Originally Posted by ian-mstm
Uh... no! It's been around at least since 1997.

Ian
Can you show or link to any documents saying that?
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Old Feb 27th 2014, 5:05 pm
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Default Re: Replacing permanent resident card at age 14

Originally Posted by crg
I believe it's 13 and under for US VISIT.

Perhaps the 14 year old green card replacement instructions were included with the mountain of paperwork and missed. I know there's a guide published by the government for new LPRs.

Be sure the male children register with the Selective Service at 18. I believe it's from 18 to 26.
I kept every piece of paperwork related to my immigration, and there's no mention of replacing cards at 14.
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Old Feb 27th 2014, 5:13 pm
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Default Re: Replacing permanent resident card at age 14

Originally Posted by S Folinsky
FWIW, section 262(a) is part of the Immigration & Nationality Act of 1952 as enacted and it has not been amended since then. See also 8 CFR 264.1(g)(1) which pretty much goes back to 1960.
there's no mention of replacing the permanent resident card in these statutes.
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Old Feb 27th 2014, 5:24 pm
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Default Re: Replacing permanent resident card at age 14

Originally Posted by 00derek
there's no mention of replacing the permanent resident card in these statutes.
http://www.law.cornell.edu/cfr/text/8/264.1

§ 264.1 Registration and finger-printing.

(g) Registration and fingerprinting of children who reach age 14. Within 30 days after reaching the age of 14, any alien in the United States not exempt from alien registration under the Act and this chapter must apply for registration and fingerprinting, unless fingerprinting is waived under paragraph (e) of this section, in accordance with applicable form instructions.

(1) Permanent residents. If such alien is a lawful permanent resident of the United States and is temporarily absent from the United States when he reaches the age of 14, he must apply for registration and provide a photograph within 30 days of his or her return to the United States in accordance with applicable form instructions. The alien, if a lawful permanent resident of the United States, must surrender any prior evidence of alien registration. USCIS will issue the alien new evidence of alien registration.
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Old Feb 27th 2014, 6:37 pm
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Default Re: Replacing permanent resident card at age 14

Originally Posted by 00derek
there's no mention of replacing the permanent resident card in these statutes.
Really? I suggest you read them. In addition to section 262, you may want to take a gander at section 264(c) & (d). Also the regulation [to be pedantic, not a "statute"] provides:

(g) Registration and fingerprinting of children who reach age 14. Within 30 days after reaching the age of 14, any alien in the United States not exempt from alien registration under the Act and this chapter must apply for registration and fingerprinting, unless fingerprinting is waived under paragraph (e) of this section, in accordance with applicable form instructions."
I don't think it gets any clearer than that about the necessity of getting a replacement card. [Oh, BTW, the Dark Forces use the acronym of "ARC" for the I-551 card for its former name of "alien registration card."].
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Old Feb 27th 2014, 6:55 pm
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Default Re: Replacing permanent resident card at age 14

cricket sounds

OK, I wasn't trying to dispute the regulations; didn't read them properly.

what is the best next step for my kids?

apply for citizenship or replace the "ARC"s?

thanks for the comments so far, fair or foul.
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Old Feb 27th 2014, 8:02 pm
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Default Re: Replacing permanent resident card at age 14

Originally Posted by 00derek
cricket sounds

OK, I wasn't trying to dispute the regulations; didn't read them properly.

what is the best next step for my kids?

apply for citizenship or replace the "ARC"s?

thanks for the comments so far, fair or foul.
My suspicion is that the PR cards are valid since they don't expire until 2015 and you stated that they've been used to re-enter the US several times since the kids turned 14. On the other hand, they are supposed to be replaced when the kids turn 14 so they might need to be replaced for a citizenship application. I honestly don't know. I suggest calling USCIS customer service at 1-800-375-5283 to see what they say. Maybe call a few times to see if you get a consistent answer.
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Old Feb 27th 2014, 8:19 pm
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Default Re: Replacing permanent resident card at age 14

Originally Posted by MarylandNed
I suggest calling USCIS customer service at 1-800-375-5283 to see what they say.
or "you have got to be kidding. tell me you are kidding?"

I don't blame OP wanting a definite answer, but this just may be one of those situations where one is not possible.

I will admit to being somewhat fond of Ralph Waldo Emerson:

A foolish consistency is the hobgoblin of little minds, adored by little statesmen and philosophers and divines. With consistency a great soul has simply nothing to do. He may as well concern himself with his shadow on the wall. Speak what you think now in hard words, and to-morrow speak what to-morrow thinks in hard words again, though it contradict every thing you said to-day. — 'Ah, so you shall be sure to be misunderstood.' — Is it so bad, then, to be misunderstood? Pythagoras was misunderstood, and Socrates, and Jesus, and Luther, and Copernicus, and Galileo, and Newton, and every pure and wise spirit that ever took flesh. To be great is to be misunderstood.
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Old Feb 27th 2014, 8:45 pm
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Default Re: Replacing permanent resident card at age 14

Originally Posted by S Folinsky
Originally Posted by MarylandNed
I suggest calling USCIS customer service at 1-800-375-5283 to see what they say.
or "you have got to be kidding. tell me you are kidding?"

I don't blame OP wanting a definite answer, but this just may be one of those situations where one is not possible.

I will admit to being somewhat fond of Ralph Waldo Emerson:
I know, I did hesitate while typing that.

But to be fair I did say call a few times to see if the OP gets a consistent answer. It would be interesting to hear what they say at least.

I'd be tempted to go ahead with the current cards but there's always the risk of losing hundreds of dollars on a rejected application because some eagle-eyed USCIS adjudicator spots a PR card that should have been replaced at age 14.

Last edited by MarylandNed; Feb 27th 2014 at 8:52 pm.
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Old Feb 28th 2014, 2:15 am
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Default Re: Replacing permanent resident card at age 14

Originally Posted by MarylandNed
I'd be tempted to go ahead with the current cards but there's always the risk of losing hundreds of dollars on a rejected application because some eagle-eyed USCIS adjudicator spots a PR card that should have been replaced at age 14.
It's probably one of those laws that isn't enforced very much, if at all. But it is probably the best option to apply to replace the cards. Since the card is only evidence of LPR status, rather than LPR status itself, it's not clear if a naturalization application could legally be rejected, but there could certainly be complications and/or delays.
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Old Feb 28th 2014, 12:21 pm
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Default Re: Replacing permanent resident card at age 14

I did call USCIS once (so far).

to the question "should I replace the cards" the answer was "yes".

to the question "should I do it before applying for citizenship" the answer was "that is at your discretion".

The lady did sound like she was looking up my questions on a computer to see what the answers were. Is that typical?

Through my employment benefits, I can get a free 30 minute consultation with an immigration lawyer, so I'll report on that when it happens.

It sounds like paying the $85 fee to get the card updated with biometrics is a better option than blowing $680 on a rejected citizenship application, however small the risk. At the end of the day I should have paid that $85 already.

The "extra" $85 is not really my concern though; I don't want any "demerits" going into the citizenship process.

I enjoyed the Emerson quote.
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Old Feb 28th 2014, 2:47 pm
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Default Re: Replacing permanent resident card at age 14

Originally Posted by 00derek
I did call USCIS once (so far).

to the question "should I replace the cards" the answer was "yes".

to the question "should I do it before applying for citizenship" the answer was "that is at your discretion".

The lady did sound like she was looking up my questions on a computer to see what the answers were. Is that typical?
She was probably pretending to type while making up an answer. She is in no way qualified to know for sure.

Applying to replace them has that feeling of making good faith attempt to follow the rules once made aware. Probably not a bad idea.
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Old Feb 28th 2014, 3:56 pm
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Default Re: Replacing permanent resident card at age 14

Just because I haven't responded, doesn't mean you won the argument!

love it!
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Old Feb 28th 2014, 4:10 pm
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Default Re: Replacing permanent resident card at age 14

Originally Posted by 00derek
Just because I haven't responded, doesn't mean you won the argument!

love it!
Wish I could take credit, but I stole/borrowed it from somewhere else on the internet.
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