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Filed: Timeline
Posted

RM 10211.025 Evidence of Lawful Permanent Resident (LPR) Status for an SSN Card

https://secure.ssa.gov/apps10/poms.nsf/lnx/0110211025

This is the big change.

C. Procedure and description for accepting evidence of LPR status

d. Expired I-551 with Notice of Action (Form I-797C)

USCIS issues a conditional resident alien, who has applied to have his or her conditional status removed, a Form I-797C stating the I-551 has been extended for one year.

Accept an expired I-551 card accompanied by an I-797C stating, “Your conditional resident status is extended for a period of one year. During the one-year extension you are authorized employment and travel”.

In the Enumeration system, enter the new expiration date for the I-551 card based on the one-year extension. In the Summary screen, enter the receipt date and number shown on the I-797C in the Remarks field

NOTE: A sole USCIS receipt (Form I-797C) is not acceptable evidence of alien status.

Posted

RM 10211.025 Evidence of Lawful Permanent Resident (LPR) Status for an SSN Card

https://secure.ssa.g.../lnx/0110211025

This is the big change.

C. Procedure and description for accepting evidence of LPR status

d. Expired I-551 with Notice of Action (Form I-797C)

USCIS issues a conditional resident alien, who has applied to have his or her conditional status removed, a Form I-797C stating the I-551 has been extended for one year.

Accept an expired I-551 card accompanied by an I-797C stating, "Your conditional resident status is extended for a period of one year. During the one-year extension you are authorized employment and travel".

In the Enumeration system, enter the new expiration date for the I-551 card based on the one-year extension. In the Summary screen, enter the receipt date and number shown on the I-797C in the Remarks field

NOTE: A sole USCIS receipt (Form I-797C) is not acceptable evidence of alien status.

I think that still includes the EAD as evidence, according to the link you gave:

4. Alternate evidence of LPR status

a. Employment Authorization Document (I-766) showing certain alien categories

Generally, when DHS grants or approves an adjustment to LPR status, the alien receives his or her I-551 card several weeks after the adjustment to LPR status has been granted. In these cases, while the alien is awaiting the I-551 card, SAVE will verify the alien’s LPR status, since it is the current immigration status.

Under DHS guidance, we have established alternate evidence of LPR status for those applicants who have adjusted to LPR status and are awaiting their I-551 cards. These guidelines apply even if the applicant does not indicate he or she has adjusted to LPR status. The alternate evidence of LPR status only applies to the 10 most prevalent alien categories that adjust to LPR status.

Consider the alien to be an LPR if all of the following requirements are met:

  • The applicant submits an I-766, and
  • On the face of the I-766, the Category is one listed in RM 10211.025C.4.b.

See also:

The ACM for descriptions of the I-766.

b. Required I-766 Categories

Under the alternate evidence of LPR status policy described in RM 10211.025C.4.a, in this section, if an I-766 card is submitted, on the face of the I-766 card the Category shown must be one of the following (status indicated in parenthesis):

  • A3, A03 or A-3 (REFUGEE),
  • A4, A04 or A-4 (PAROLEE),
  • A5, A05 or A-5 (ASYLEE),
  • A6, A06 or A-6 (FIANCEE – K1/CHILD – K2)
  • A9, A09 or A-9 (SPOUSE/CHILD OF USC)
  • A15 (LAPR DEPENDENT – V)
  • A16 (VSFT/T1)
  • C9, C09 or C-9 (ADJUSTMENT APPLICANT)
  • C16 (ADJ APP – RES 1972)
  • C25 (VSFT/T DEPENDENT)

02/2003 - Met

08/24/09 I-129F; 09/02 NOA1; 10/14 NOA2; 11/24 interview; 11/30 K-1 VISA (92 d); 12/29 POE 12/31/09 Marriage

03/29/-04/06/10 - AOS sent/rcd; 04/13 NOA1; AOS 2 NBC

04/14 $1010 cashed; 04/19 NOA1

04/28 Biom.

06/16 EAD/AP

06/24 Infops; AP mail

06/28 EAD mail; travel 2 BKK; return 07/17

07/20/10 interview, 4d. b4 I-129F anniv. APPROVAL!*

08/02/10 GC

08/09/10 SSN

2012-05-16 Lifting Cond. - I-751 sent

2012-06-27 Biom,

2013-01-10 7 Mo, 2 Wks. & 5 days - 10 Yr. PR Card (no interview)

*2013-04-22 Apply for citizenship (if she desires at that time) 90 days prior to 3yr anniversary of P. Residence

Posted

I think that still includes the EAD as evidence, according to the link you gave:

4. Alternate evidence of LPR status

a. Employment Authorization Document (I-766) showing certain alien categories

Generally, when DHS grants or approves an adjustment to LPR status, the alien receives his or her I-551 card several weeks after the adjustment to LPR status has been granted. In these cases, while the alien is awaiting the I-551 card, SAVE will verify the alien's LPR status, since it is the current immigration status.

Under DHS guidance, we have established alternate evidence of LPR status for those applicants who have adjusted to LPR status and are awaiting their I-551 cards. These guidelines apply even if the applicant does not indicate he or she has adjusted to LPR status. The alternate evidence of LPR status only applies to the 10 most prevalent alien categories that adjust to LPR status.

Consider the alien to be an LPR if all of the following requirements are met:

  • The applicant submits an I-766, and
  • On the face of the I-766, the Category is one listed in RM 10211.025C.4.b.

See also:

The ACM for descriptions of the I-766.

b. Required I-766 Categories

Under the alternate evidence of LPR status policy described in RM 10211.025C.4.a, in this section, if an I-766 card is submitted, on the face of the I-766 card the Category shown must be one of the following (status indicated in parenthesis):

  • A3, A03 or A-3 (REFUGEE),
  • A4, A04 or A-4 (PAROLEE),
  • A5, A05 or A-5 (ASYLEE),
  • A6, A06 or A-6 (FIANCEE – K1/CHILD – K2)
  • A9, A09 or A-9 (SPOUSE/CHILD OF USC)
  • A15 (LAPR DEPENDENT – V)
  • A16 (VSFT/T1)
  • C9, C09 or C-9 (ADJUSTMENT APPLICANT)
  • C16 (ADJ APP – RES 1972)
  • C25 (VSFT/T DEPENDENT)

Isn't EAD I-765 and not I-766?

ROC 2009
Naturalization 2010

Filed: Timeline
Posted

I don't know why you are getting off on this EAD tangent, nothing has changed from the previous POMS section with regard to evidence of permanent resident status, other than SSA will now accept the expired I-551 along with the one year extension notice as evidence of permanent resident status. This is the only time that I know of that an expired immigration document can be used to establish immigration status.

Posted

Isn't EAD I-765 and not I-766?

The EAD application is 765, the document you get (picture ID) is 766.

02/2003 - Met

08/24/09 I-129F; 09/02 NOA1; 10/14 NOA2; 11/24 interview; 11/30 K-1 VISA (92 d); 12/29 POE 12/31/09 Marriage

03/29/-04/06/10 - AOS sent/rcd; 04/13 NOA1; AOS 2 NBC

04/14 $1010 cashed; 04/19 NOA1

04/28 Biom.

06/16 EAD/AP

06/24 Infops; AP mail

06/28 EAD mail; travel 2 BKK; return 07/17

07/20/10 interview, 4d. b4 I-129F anniv. APPROVAL!*

08/02/10 GC

08/09/10 SSN

2012-05-16 Lifting Cond. - I-751 sent

2012-06-27 Biom,

2013-01-10 7 Mo, 2 Wks. & 5 days - 10 Yr. PR Card (no interview)

*2013-04-22 Apply for citizenship (if she desires at that time) 90 days prior to 3yr anniversary of P. Residence

 
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