i 759 in process, and expiring extension letter...

[redwoodnative 1]

Hello,

 

I am little worried about my situation, my conditional green card expired in October 2016 last year, and i filed form i-759 in August of 2016. I did the bio-metrics on time and received the notice letter, and also received the 1 year extension letter that would expire in October of 2017 this year.

My question is several people have discussed about getting a stamp on their passport within a month from the expiry of their 1 year extension letter which extends their status for another year. My situation is i don't have a passport and i applied for the advance parole document for travel and that has also expired in 2016.

If i do no receive the permanent green card, i will still apply for the naturalization in July 2017 ( it will be 2 years and 9 months) but even the naturalization process is backed up, so my question is

Will i be out of status once my extension letter expires in Oct of this year ?

and will i have to do the whole green card process again? thank you in advance to anyone who can contribute to this.

[Mollie09 1,543]

If you don't have a passport, you can still get a stamp on an I-94 with a picture.

[redwoodnative 1]

1 minute ago, Mollie09 said:

If you don't have a passport, you can still get a stamp on an I-94 with a picture.

i will be looking for the i -94 but not sure if i still have it, i went through several lawyers and changed states during the process, when i got the conditional green card i thought it will be easy way ahead so did not maintain any records.

[Mollie09 1,543]

1 minute ago, redwoodnative said:

i will be looking for the i -94 but not sure if i still have it, i went through several lawyers and changed states during the process, when i got the conditional green card i thought it will be easy way ahead so did not maintain any records.

It's a different process, you have to get an InfoPass appointment, take two passport-style pictures, and ask for an ADIT stamp in an I-94 and explain you don't have a passport. 

[mindthegap 2,606]

26 minutes ago, redwoodnative said:

 

Will i be out of status once my extension letter expires in Oct of this year ?

No.

The card/letter/stamp all serve as proof of status only, and they do not dictate the status whatsoever.

The absence of them does not remove or eliminate the privileges and responsibilities of being a permanent resident.

 

 

 

You can get a stamp as proof of status without a passport but I have no experience of this, I am sure others will chime in here on the exact wording and process. Something to do with having two passport photos and them producing a document for you as proof.

[redwoodnative 1]

10 minutes ago, mindthegap said:

No.

The card/letter/stamp all serve as proof of status only, and they do not dictate the status whatsoever.

The absence of them does not remove or eliminate the privileges and responsibilities of being a permanent resident.

 

 

 

You can get a stamp as proof of status without a passport but I have no experience of this, I am sure others will chime in here on the exact wording and process. Something to do with having two passport photos and them producing a document for you as proof.

is it required to get the stamp?? since i wont be travelling anywhere until i become naturalized hopefully some time next year, so i am not sure if i should try and get that stamp or i can just wait for the whole green card and naturalization process to get completed on its own.

Unless the stamp is required to stay in status, i wont be needing it. So should i worry about getting it?

Edited April 20, 2017 by redwoodnative

[nightingalejules 678]

1 hour ago, redwoodnative said:

is it required to get the stamp?? since i wont be travelling anywhere until i become naturalized hopefully some time next year, so i am not sure if i should try and get that stamp or i can just wait for the whole green card and naturalization process to get completed on its own.

Unless the stamp is required to stay in status, i wont be needing it. So should i worry about getting it?

You probably won't need it, unless you live in a jurisdiction where the DMV requires proof of status to get a drivers' license or where an employer won't hire you without proof of status, or where there are traffic stops (like some places near the Mexican border) where people are asked to "show their papers." It's not supposed to be required (or even allowed) but it does happen. 

 

So if you've been hearing a lot of news about Immigration being active in your area, I'd suggest "rather safe than sorry" and get the stamp. But it seems like the majority of people are getting their new GCs before their letter expires, so this may not even be an issue for you.

[redwoodnative 1]

1 hour ago, nightingalejules said:

You probably won't need it, unless you live in a jurisdiction where the DMV requires proof of status to get a drivers' license or where an employer won't hire you without proof of status, or where there are traffic stops (like some places near the Mexican border) where people are asked to "show their papers." It's not supposed to be required (or even allowed) but it does happen. 

 

So if you've been hearing a lot of news about Immigration being active in your area, I'd suggest "rather safe than sorry" and get the stamp. But it seems like the majority of people are getting their new GCs before their letter expires, so this may not even be an issue for you.

Thank you for the information. I live in NYC and yes it's been quite sometime since my passport expired probably been about 6-8 years now and I am pretty sure I shredded it. 

I might have the I-94, but got to look into it and incase I don't find it then was wondering if I should be worried about my Status. 

I am not worried about the driving license or work as I have both, since I have my own business and license is good till 2022

Only thing I am worried is in case nothing gets done before the expiry of the extension letter then there should be some recourse for people who don't have the passport or I-94 etc so that their status is still valid.

As long as the naturalization or permanent green card process is not effected by the expiry of the extension then I am okay.

i don't intend on traveling anywhere unless I get naturalized.

hopefully things will move faster.

 

 

Edited April 20, 2017 by redwoodnative

[nightingalejules 678]

22 minutes ago, redwoodnative said:

Thank you for the information. I live in NYC and yes it's been quite sometime since my passport expired probably been about 6-8 years now and I am pretty sure I shredded it. 

I might have the I-94, but got to look into it and incase I don't find it then was wondering if I should be worried about my Status. 

I am not worried about the driving license or work as I have both, since I have my own business and license is good till 2022

Only thing I am worried is in case nothing gets done before the expiry of the extension letter then there should be some recourse for people who don't have the passport or I-94 etc so that their status is still valid.

As long as the naturalization or permanent green card process is not effected by the expiry of the extension then I am okay.

i don't intend on traveling anywhere unless I get naturalized.

hopefully things will move faster.

 

 

You don't need to worry about your status. You are still a Legal Permanent Resident until and unless your petition to remove conditions is actually denied.

[Cyberfx1024 7,980]

20 hours ago, redwoodnative said:

i will be looking for the i -94 but not sure if i still have it, i went through several lawyers and changed states during the process, when i got the conditional green card i thought it will be easy way ahead so did not maintain any records.

Ok, this is the worst thing to do right here. I am not poking fun or anything but you need to make sure you keep your records for almost everything. That is until after you become a citizen. My wife has a drawer filled with stuff from the USCIS going all the way back to her I-129F NOA1, I have tried to throw those early stuff but she gets mad. So please keep your records.

[DrEllaNJ 288]

2 hours ago, cyberfx1024 said:

Ok, this is the worst thing to do right here. I am not poking fun or anything but you need to make sure you keep your records for almost everything. That is until after you become a citizen. My wife has a drawer filled with stuff from the USCIS going all the way back to her I-129F NOA1, I have tried to throw those early stuff but she gets mad. So please keep your records.

second that (for everyone reading this later). Not trying to scare you, but I've been asked to produce old visas/passports (this was at my AOS interview, so may not be the case anymore at your stage).