(urgent) 1year extension expired next week About I-551 stamp

[honeypie84 0]

Just a quick questions: please! My RFE response is going to be ready to send hopefully next week we just waiting couple more documents. But, my question is my 1year extension is going to be expired this coming 21st of this month and I don't know what to do now, been busy working last couple weeks I just realize my extension expired next week. Is anybody knows if we are allowed for walk-in in our local USCIS to ask a stamp? Or they just only do I-551 stamp if we travel outside the US.? Please I'm just confused my husband doesn't know either and my state ID was expired already so I don't have any valid ID please please help. Thank you

[zilchfox 296]

Make an infopass appointment and complete form I-90.

[honeypie84 0]

I check it online for the appointment but not until next 14days of business day, and my extension would be the next week expiration. Just wondering if we can do walk-in but not sure if we are allowed to do that

[zilchfox 296]

Do you plan on travelling? I believe you technically retain your immigrant status until a decision has been made on your ROC, even if the letter expires, as long as your ROC hasn't been denied — keep in mind that having expired documents can be detrimental however, such as your employer denying you the right to work until you can prove your legal status, or renewing your drivers license. Get yourself that I-551 stamp in your passport!

 

With that said, you *may* be eligible for naturalization, and you can file for citizenship even while you have a pending ROC, as long as you've been an LPR for more than three years — it would push your ROC forward as well as that must be completed before you can gain citizenship, and I've read stories of the ROC and Citizenship interviews being on the same day because of it.

 

With that said, it's all on you to stay up-to-date on your documents.

Edited June 15, 2017 by zilchfox

[honeypie84 0]

No, I never plan to travel not until I get approved for my roc and get my 10 year GC. But as of now I get worried about my extension going to expire soon and worried if my work ask my valid ID and i have none because my state ID already expired. I get RFE last month but we already have the papers ready to send soon! But I'm just wondering if I get in trouble if I don't have stamp on my passport? Or do you have any idea if we can go local immigration and asked what to do? 

[Lavazza_K 9]

24 minutes ago, honeypie84 said:

No, I never plan to travel not until I get approved for my roc and get my 10 year GC. But as of now I get worried about my extension going to expire soon and worried if my work ask my valid ID and i have none because my state ID already expired. I get RFE last month but we already have the papers ready to send soon! But I'm just wondering if I get in trouble if I don't have stamp on my passport? Or do you have any idea if we can go local immigration and asked what to do? 

you can try walk-in, if they won't stamp you then ask to schedule an appointment to come back and do so as early as possible. Be sure to bring your passport, extension letter, your RFE letter, temp gc, etc.

 

I did that last year, since I couldn't see any available time online. The lady told me she couldn't stamp me that day but did tell me to come back 8am 2 days later. And I got my stamp then.

[mindthegap 2,605]

8 hours ago, zilchfox said:

Make an infopass appointment and complete form I-90.

Yes to the first, no to the second. You do not have to complete an I-90.

 

8 hours ago, honeypie84 said:

I check it online for the appointment but not until next 14days of business day, and my extension would be the next week expiration. Just wondering if we can do walk-in but not sure if we are allowed to do that

You can get it stamped after expiration of the 1 yr extension. There is no requirement to get a stamp at all, let alone before the extension expiry.

 

Remember that your extension letter and/or stamp are PROOF of your status only- they are NOT the status itself.

 

I have had no success as a walk-in (aside from when I had to go back because they f****ed up the date on my stamp an hour beforehand), and believe me I have tried lots of times to do one.

Others have had walk-in success, so you really have a 50/50 chance of success!

 

In the meantime, make the appointment for 14 days time, and keep an eye out for cancellations nearer the time. Take your passport, extension letter, and expired GC (which may or may not be taken when they give you the stamp).

 

8 hours ago, zilchfox said:

 I believe you technically retain your immigrant status until a decision has been made on your ROC, even if the letter expires, as long as your ROC hasn't been denied

There is no 'technically' about it - status as lawful permanent resident continues uninterrupted while the I-751 is pending, even without obtaining a stamp.

 

 

7 hours ago, honeypie84 said:

But as of now I get worried about my extension going to expire soon and worried if my work ask my valid ID and i have none because my state ID already expired. 

Your right to work is unaffected. Get the stamp, then get your ID renewed pronto (probably for a further year), then you should be ok.

 

 

By the way, do you think your extension is going to expire on the 21st of this month because the extension letter is dated June 21st 2016?

If so, you are incorrect - the letter extends the expiry date of your 2 year Permanent Resident card by exactly 1 yr - the date on the extension letter is irrelevant. 

 

 

7 hours ago, honeypie84 said:

 But I'm just wondering if I get in trouble if I don't have stamp on my passport? 

 

No. There is no legal requirement to get a stamp. But without it, as you have discovered, you have no proof of status, which causes issues for even the most basic of things such as renewing ID, so for 99% of people, it is advisable to get one.

Even better, file your N-400 on the 90th day preceding the three year anniversary of becoming a permanent resident (assuming you are still married of course) - this will force the adjudication of the I-751.

 

 

Welcome to the year+ club. 

Edited June 15, 2017 by mindthegap

[Ketsuban 1,034]

3 hours ago, mindthegap said:

Yes to the first, no to the second. You do not have to complete an I-90.

 

You can get it stamped after expiration of the 1 yr extension. There is no requirement to get a stamp at all, let alone before the extension expiry.

 

Remember that your extension letter and/or stamp are PROOF of your status only- they are NOT the status itself.

 

I have had no success as a walk-in (aside from when I had to go back because they f****ed up the date on my stamp an hour beforehand), and believe me I have tried lots of times to do one.

Others have had walk-in success, so you really have a 50/50 chance of success!

 

In the meantime, make the appointment for 14 days time, and keep an eye out for cancellations nearer the time. Take your passport, extension letter, and expired GC (which may or may not be taken when they give you the stamp).

 

There is no 'technically' about it - status as lawful permanent resident continues uninterrupted while the I-751 is pending, even without obtaining a stamp.

 

 

Your right to work is unaffected. Get the stamp, then get your ID renewed pronto (probably for a further year), then you should be ok.

 

 

By the way, do you think your extension is going to expire on the 21st of this month because the extension letter is dated June 21st 2016?

If so, you are incorrect - the letter extends the expiry date of your 2 year Permanent Resident card by exactly 1 yr - the date on the extension letter is irrelevant. 

 

 

 

No. There is no legal requirement to get a stamp. But without it, as you have discovered, you have no proof of status, which causes issues for even the most basic of things such as renewing ID, so for 99% of people, it is advisable to get one.

Even better, file your N-400 on the 90th day preceding the three year anniversary of becoming a permanent resident (assuming you are still married of course) - this will force the adjudication of the I-751.

 

 

Welcome to the year+ club. 

It's a misdemeanor if a cop or someone else of authority asks for proof of your status and you have nothing that's unexpired. That being said, if you feel you'll not encounter that situation at all or don't mind a misdemeanor then the stamp isn't necessary.

[mindthegap 2,605]

6 hours ago, Ketsuban said:

It's a misdemeanor if a cop or someone else of authority asks for proof of your status and you have nothing that's unexpired. That being said, if you feel you'll not encounter that situation at all or don't mind a misdemeanor then the stamp isn't necessary.

 

Debatable once in ROC status.

 

INA 264 states:

(d) Every alien in the United States who has been registered and fingerprinted under the provisions of the Alien Registration Act, 1940, or under the provisions of this Act 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 issued by the Attorney General. 

(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. 

 

 

 

However, it could be argued that since no valid 'alien registration card' nor 'certificate of alien registration' has been issued after the expiry of the GC, during the initial 1st yr ROC, or following the 1st year, than there is none that can be carried.

 

Note:  A 'Registration Certificate' is defined in 264.1 - HERE

Amongst many other documents, it lists the I-94 (not applicable), I-766 (not applicable), and of course the I-551 (expired). The I-797C is not listed.

Also in that list:

 (c)    Replacement of alien registration. Any alien whose registration document is not available for any reason must immediately apply for replacement document in the manner prescribed by USCIS.  

 

 

 

You have applied for your replacement alien registration card, by virtue of filing the I-751, and as you are not permitted to file an I-90 while in ROC, your legal obligations have been fulfilled.

 

My point still stands that there is no LAWFUL requirement to obtain a stamp once the 1 year extension has expired. If you believe otherwise, please post a link and I will retract my statement.

 

You would therefore appear to be in something of a catch 22: a requirement to carry under, but no requirement to obtain. Which takes precedence?

 

 

USCIS do not write saying 'Your one year extension is expiring soon. Your status as a LPR continues uninterrupted while this process is pending, but you are required to make an infopass appointment for a stamp' - they do however write saying ' your conditional PR status is expiring soon, you must file an I-751 by the expiry date'.

 

Many people aren't even aware of what happens when the 1 year extension expires (or even WHEN it expires), hence the abundance of postings on here regarding these stupid bloody stamps.

 

I would willingly argue this in court too btw. If nothing else, it could maybe help clarify things for people in the future.

 

 

 

Note:  I am looking at the legal argument here. For practical purposes, yes of course, it is prudent to get the stamp.

 

 

 

 

Edited June 16, 2017 by mindthegap

[honeypie84 0]

Yes I agreed about our 1 year extension doesn't show it will expire soon.! And apologies my GC expiry is on June 20,2016 last year and when I filed my RoC got the extension on month of May 2nd week and date receipt on my extension was May 2, 2016 so it's already 1 year. I'm just keep my fingers crossed if we could do walk in to asked about the stamp, hoping to mail my RFE response before end of this month just waiting other some documents . Thank you for all the reply here! God bless 

[SparkyShark 10]

I am very interested in this thread as I am now the main earner in our household, and if the expiration of the extension means I can't work, we simply will not be able to pay our mortgage.

 

From what I've pieced together from this thread, if it looked like the extension was going to expire before an ROC decision was reached, I would need to make an Infopass appointment to get an I-551 stamp in my passport.

 

Is the I-551 stamp a further one year extension?
Does the I-551 stamp allow the applicant to continue with paid employment?

Edited June 16, 2017 by SparkyShark

[mindthegap 2,605]

35 minutes ago, SparkyShark said:

 

Is the I-551 stamp a further one year extension?
Does the I-551 stamp allow the applicant to continue with paid employment?

 

While an I-751 is pending, your status as lawful permanent resident continues unchanged, as does your right to work.

This continues until approved or denied by USCIS, and if denied you still have the right to a hearing with an immigration judge.

 

As per my previous post, you are not legally required to get a stamp. However for practical reasons - not least renewal of drivers licenses/ID and/or travel - it is certainly advisable to for most.

The stamp is valid as proof of status for exactly one year and will have a start and end date stamped on. 

 

 Stamp or no stamp, your rights and responsibilities to live and work as a lawful permanent resident continue. 

Edited June 16, 2017 by mindthegap

[SparkyShark 10]

Thank you for your response. I'm unlikely to travel, however car use is essential so I will definitely look into the stamp if it looks like the ROC decision will be late.

Thanks again!