samantha2004

Hi,

I was selected in the DV-2004 Green Card Lottery and I received my DV visa at a U.S. Consulate. A few days ago, an Immigration Officer stamped a temporary Green Card in my passport.

My temporary Green Card stamp expires on June 28, 2005 and my passport expires on April 21, 2005. Thus, my passport will expire before my temporary Green Card stamp.

Is a temporary Green Card stamp still valid if it is in an expired passport?

I cannot have BCIS stamp a new temporary Green Card in a new passport because my country's Consulate will not give me a new passport, unless I return the passport that contains the temporary Green Card stamp. I cannot do this. Otherwise, I would have no proof of my LPR (Legal Permanent Resident) status and BCIS will not stamp a temporary Green Card in the new passport without this proof.

What should I do?

crg

Nothing in the law says the temp green card stamp must be placed in an unexpired passport. You can travel back to the US with the green card in the expired document. You may have some problems entering and transiting through other countries depending on their rules.


Are you sure your country's consulate won't give you the old passport back once they stamp it canceled or punch some holes in it? As long as they don't stamp or punch the page with the temp I-551 you would be fine.

Joachim Feise

samantha2004 wrote on 7/1/2004 19:32:
    >
    > I cannot have BCIS stamp a new temporary Green Card
    > in a new passport because my country's Consulate will not give me a new
    > passport, unless I return the passport that contains the temporary Green
    > Card stamp. I cannot do this. Otherwise, I would have no proof of my LPR
    > (Legal Permanent Resident) status and BCIS will not stamp a temporary
    > Green Card in the new passport without this proof.

Most likely, this won't matter because you should get the actual card
well before the stamp expires.
If that doesn't happen, though, you could go to your local CIS office
with the old passport before you return the passport to your consulate,
and ask that they give you a new stamp on an I-94. This is an established
procedure.
Since the stamp would be put on the arrival part of an I-94, you
keep it even when traveling abroad.
See Operations Instructions OI 264.2:
<http://uscis.gov/lpBin/lpext.dll/inserts/slb/slb-1/slb-44777/slb-51956?f=templates&fn=document-frame.htm#slb-oi2642>

-Joe

samantha2004

Hi,

Crg14624 and Joe, thank you both for your interesting and useful information.

Quotes from crg14624: "Nothing in the law says the temp green card must be placed in an unexpired passport," and "You can travel back to the US with the green card in the expired document."

Even though I have an unexpired temporary Green Card stamp, am I not required by law to always carry a valid (unexpired) passport?

Quote from crg14624: "Are you sure your country's consulate won't give you the old passport back once they stamp it canceled or punch some holes in it? As long as they don't stamp or punch the page with the temp I-551 you would be fine."

Will the temporary Green Card stamp still be accepted by BCIS if the passport's pages with my biographical information are punched or canceled?

The Immigration Officer who stamped a temporary Green Card in my passport on June 29 told me that I would receive my plastic Green Card six to twelve months later. My passport will have expired by then and my temporary Green Card stamp might have expired by then.

Joe, it is important for me to know that a temporary Green Card can be stamped in an I-94. I will print the document whose link you posted so that I have something to show to BCIS.

Thanks again.

suiram

I saw messages with DV I-551 being delivered whithin weeks of entry. Why don't you start worrying about it closer to the passport expiration date?

syllk

If you want a new passport, your old one will be returned with the corners cut off from the photo ID page only (eg, in my case, the photo ID page was inside the back cover, and so the back cover had the corners cut off, but all internal pages remained intact). The expired passport will also be stamped 'cancelled' on the very first page. Basically, your temporary proof of legal status should remain untouched.

crg

"Even though I have an unexpired temporary Green Card stamp, am I not required by law to always carry a valid (unexpired) passport?"

No, only non-immigrants are required to maintain a valid passport.


"Will the temporary Green Card stamp still be accepted by BCIS if the passport's pages with my biographical information are punched or canceled?"

An unexpired I-551 stamp is still valid if the passport is canceled.

"Joe, it is important for me to know that a temporary Green Card can be stamped in an I-94. I will print the document whose link you posted so that I have something to show to BCIS."

Temp I-551 stamps are often placed on the arrival portion of the I-94.

samantha2004

Hi,

Suiram, the passport in which my temporary Green Card stamp is is an emergency passport valid for one year only (from April 21, 2004 to April 21, 2005). I had to obtain this emergency passport because it takes many months to obtain the regular passport, valid ten years. The regular passport would never have been ready by the time I had my appointment at a U.S. Consulate to obtain my DV visa.

This regular passport is now waiting for me at my country's Consulate, which is demanding that I return the emergency passport in order to get the regular passport. In my previous message in this thread, I explained all the problems a CANCELED passport might cause. This is why I am not willing to return the emergency passport.

I most certainly hope I will be as lucky as those DV lottery winners whose messages you read and I most certainly hope I will get my plastic Green Card winthin weeks of my entry into the U.S. However, the Immigration Officer told me it takes six to twelve months to receive the plastic Green Card.

Syllk, the biographical information is on the first four pages of my passport, not on the passport's cover. My country's Consulate would cut off the upper right hand corner of these pages, as well as stamp ALL the passport's pages CANCELED.

Quotes from crg14624:

"Only non-immigrants are required to maintain a valid passport."

"An unexpired I-551 stamp is still valid if the passport is canceled."

I am happy to know this. Can you, by any chance, tell me which laws refer to this?

Thank you very much for your valuable information. I learned a lot from you all.

Wim Coekaerts

in every case that I have seen, the expired (ore replaced) passport will
be made invalid (CANCELED) on every page EXCEPT the page with your stamp
or visa.

I had my passport expire, which had my L1 visa a few years ago, so the
belgian consulate got my new passport and I had to give the old one,
they invalidated every page EXCEPT the page with my L1 visa, and
returned it to me together with the new assport, at the POE provide your
current passport and also provide the expired one which has the page
that's still ok.

just make VERY sure and make it very clear that you have that intent.

other folks from other countries have done the same I don't see why this
would be different in your case. it's common practise.

Amanda

crg14624 <member20421@british_expats.com> wrote in message news:<[email protected]>...
    > Originally posted by samantha2004
    > > Hi,
    > >
    > > I was
    > selected in the DV-2004 Green Card Lottery and I received my DV visa at
    > a U.S. Consulate. A few days ago, an Immigration Officer stamped a
    > temporary Green Card in my passport.
    > >
    > > My temporary Green Card stamp
    > expires on June 28, 2005 and my passport expires on April 21, 2005.
    > Thus, my passport will expire before my temporary Green Card stamp.
    > >
    > >
    > Is a temporary Green Card stamp still valid if it is in an expired
    > passport?
    > >
    > > I cannot have BCIS stamp a new temporary Green Card in a
    > new passport because my country's Consulate will not give me a new
    > passport, unless I return the passport that contains the temporary Green
    > Card stamp. I cannot do this. Otherwise, I would have no proof of my LPR
    > (Legal Permanent Resident) status and BCIS will not stamp a temporary
    > Green Card in the new passport without this proof.
    > >
    > > What should I
    > do?
    >
    > Nothing in the law says the temp green card stamp must be
    > placed in an unexpired passport. You can travel back to the US with the
    > green card in the expired document. You may have some problems entering
    > and transiting through other countries depending on their rules.
    >
    >
    > Are
    > you sure your country's consulate won't give you the old passport back

I am sure that he was sure. My country is the same. That's why (to
keep the original visa stamp) I told them I lost the passport and got
a new one. I had to pay a fine of $350 for that. And I provided the
number of the old passport. In the new one, it says that if I lose
this passport, I would not be be issued a new one.


    > once they stamp it canceled or punch some holes in it? As long as they
    > don't stamp or punch the page with the temp I-551 you would be fine.

He shouldn't take a chnace if he cannot trust his country's procedure.

crg

Quotes from crg14624:

"Only non-immigrants are required to maintain a valid passport."

"An unexpired I-551 stamp is still valid if the passport is canceled."

I am happy to know this. Can you, by any chance, tell me which laws refer to this?

Thank you very much for your valuable information. I learned a lot from you all. [/QUOTE]


<<<SNIP>>>
Sec. 211. [8 U.S.C. 1181]

(a) Except as provided in subsection (b) and subsection (c) no immigrant shall be admitted into the United States unless at the time of application for admission he (1) has a valid unexpired immigrant visa or was born subsequent to the issuance of such visa of the accompanying parent, and (2) presents a valid unexpired passport or other suitable travel document, or document of identity and nationality, if such document is required under the regulations issued by the Attorney General. With respect to immigrants to be admitted under quotas of quota areas prior to June 30, 1968, no immigrant visa shall be deemed valid unless the immigrant is properly chargeable to the quota area under the quota of which the visa is issued.

(b) Notwithstanding the provisions of section 212(a)(7)(A) of this Act in such cases or in such classes of cases and under such conditions as may be by regulations prescribed, returning resident immigrants, defined in section 101(a)(27)(A), who are otherwise admissible may be readmitted to the United States by the Attorney General in his discretion without being required to obtain a passport, immigrant visa, reentry permit or other documentation.

(c) The provisions of subsection (a) shall not apply to an alien whom the Attorney General admits to the United States under section 207.
<<<SNIP>>>

Here's the relevant part:

"returning resident immigrants, defined in section 101(a)(27)(A), who are otherwise admissible may be readmitted to the United States by the Attorney General in his discretion without being required to obtain a passport, immigrant visa, reentry permit or other documentation."

Section (a) refers to new immigrants while section (b) refers to returning permanent residents.

I suggest that you travel with the canceled or expired passport bearing the stamp. Of course, the country you're going to, and the airline may require a separate, valid passport to enter a foreign country.

samantha2004

Hi,

This morning, I went to my country's Consulate because a Consulate's employee had called me to let me know that my new passport was ready. This new passport is a machine-readable passport, valid for ten years.

There is one small mistake in the passport, which I just noticed, a long time after leaving the Consulate. The mistake is the following. My address is 1274 E. 26th Street, but the Consulate listed my address as 1274 E. 26th Avenue. The Consulate used Avenue instead of Street. Will this mistake cause me big problems?

Before I could get my new passport, I had to give my old passport to the Consulate, the passport with the temporary Green Card stamp in it. A Consulate's employee cut off the upper right hand corner of my old passport's front cover. Then she stamped "CANCELED" the inner side of my passport's front cover, as well as the first five pages, including the two pages with my biographical information. However, she did NOT stamp "CANCELED" the page with my temporary Green Card stamp.

The Consulate's employee who canceled my old passport and another Consulate's employee told me that my temporary Green Card stamp's being in a CANCELED passport would not cause me problems with BCIS, even though the pages with the biographical information were also CANCELED.

Do you agree?

I am sorry to "bother" you all with this, but I still feel worried that BCIS will not accept a temporary Green Card stamp which is in a CANCELED passport, whose pages containing the biographical information were also CANCELED.

If you can refer me to laws that will reassure me and make me feel better, I will be more than happy to read them.

I really appreciate your valuable information and your patience.

Matrix

"samantha2004" <member22490@british_expats.com> wrote in message
news:[email protected]...
    |
<snip>

As far as US immigration inspectors are concerned, you can use your canceled
passport bearing the (ADIT stamp)-the "PROCESSED FOR I-551. TEMPORARY
EVIDENCE OF LAWFUL ADMISSION..............VALID UNTIL.XX XXX
XXXX.......EMPLOYMENT AUTHORIZED" stamp on the passport to apply admission
back into the US. As long as it is not expired, it is just as good as the
actual I-551 plastic card. Your passport, expired or not, just serves as an
identity document that shows your name, other vital biographical information
and facial appearance.

Going to your home country or another foreign country is of course another
matter that will depend on their own immigration laws.

samantha2004

Hi, matrix

Quote: "As long as it is not expired, it is just as good as the
actual I-551 plastic card."

The I-551 plastic card has the person's name, date of birth, and photo. The I-551 stamp does NOT have the person's name, date of birth, and photo. I know that all this information is on the biographical pages of the passport in which the I-551 stamp is, but these biographical pages were stamped "CANCELED" in my passport. Won't this cause me problems with BCIS immigrations officers?

Quote: "Your passport, expired or not, just serves as an identity document that shows your name, other vital biographical information and facial appearance."

My passport is NOT an expired passport; it is a CANCELED passport. BCIS Immigration Officers might accept an I-551 stamp in an expired passport, but will they accept an I-551 stamp in a CANCELED passport (whose pages containing the biographical information were stamped "CANCELED")?

Thanks for your information. I guess I am just a worry wart today. The I-551 stamp in my canceled passport is very very important to me; it is the only proof of my LPR (Legal Permanent Resident) status in the USA.

P.S. You mentioned the ADIT stamp. What do these letters stand for?

crg

ADIT = Alien Documentation, Identification and Telecommunication

A cancelled passport doesn't matter as long as the stamp is valid and unexpired.