Extension letter expiring, do we need a i-551 stamp if we're not planing to travel

[datkins587 2]

The questions never end regarding i-551 stamps it seems. Our situation is my wife's conditional green card expired on 9/17/16. We sent in her i-751 and received the NOA stating on June 22 2016 they got it  and added the 1 year extension. To date we still have not received her permanent green card and now her one year extension is about to expire too. We have no plans for travel outside USA and she doesn't need it for work or driver license etc.

 

So my question is do we really need to drive 7 hours round trip to get a i-551 stamp in her passport?  Will she need it to apply for citizenship or will the expired green card and NOA extension letter do? We have the i-400 ready to mail on Monday. Do you think she will need the i-551 stamp for that to be completed such as at her interview for citizenship?  We may get lucky and get her 10 year card but it seems like they are way behind.

[aleful 1,905]

hi

 

yes, it's not only for travel, it serves the same purpose as the extension letter since she won't be getting another extension letter to extend her GC

 

if she doesn't she will be out of status and deportable, because the GC has expired, the extension letter has expired and no 10 year GC yet

 

the stamp will extend her GC status for another year or until she receives the 10 year GC

 

even though you are sending the N400 in the mean time she will become out of status and deportable, they probably will want proof of having a current extension,  since the citizenship process takes months and she might not be in status

 

[mindthegap 2,608]

1 hour ago, datkins587 said:

 

So my question is do we really need to drive 7 hours round trip to get a i-551 stamp in her passport?  

No, and there is no legal requirement to obtain one.

However, most people find it sensible to, for example for renewal of a drivers license which most states issue as limited term for those in the ROC process,  or so that they have proof of status should they need it for some reason (which is of course usually travel).  It is not required to fulfill I-9  documentation requirements for employment.

 

If you genuinely don't need it  - and it sounds like a bit of a mission for you to get it - then don't get it. 

 

1 hour ago, datkins587 said:

 Will she need it to apply for citizenship 

No.

 

1 hour ago, datkins587 said:

Do you think she will need the i-551 stamp for that to be completed such as at her interview for citizenship?  

No.

 

 

55 minutes ago, aleful said:

it's not only for travel, it serves the same purpose as the extension letter

It serves as proof of status, nothing more.

 

55 minutes ago, aleful said:

if she doesn't she will be out of status and deportable, because the GC has expired, the extension letter has expired and no 10 year GC yet

100% rubbish - this is NOT true.

During ROC, once the 1yr initial extension has expired, the stamp serves as proof of status, but does NOT dictate the status.You are not legally required to obtain a stamp, and whether you choose to or not, your status remains unchanged as lawful permanent resident, and your right to work also remains unchanged.

 

55 minutes ago, aleful said:

 

the stamp will extend her GC status for another year or until she receives the 10 year GC

The stamp is not valid until she receives the 10yr card if that process takes more than a further year.  

If they haven't completed your ROC within that year, then you can obtain another stamp for a further year should you desire, although it is more than likely that the OPs citizenship will have been approved by then, so it becomes a non-issue.

 

55 minutes ago, aleful said:

even though you are sending the N400 in the mean time she will become out of status and deportable, 

 

Again, this is NOT true.

 

55 minutes ago, aleful said:

they probably will want proof of having a current extension,  since the citizenship process takes months and she might not be in status

Status as lawful permanent resident remains unaffected during the citizenship application, regardless of whether the I-751 has been adjudicated or is being concurrently processed at the same time as an N-400.

 

 

 

Please do not post more rubbish masquerading as fact, when you clearly know nothing about this process (not difficult, given how confusing USCIS make it, but that isn't a reason to put false information out there).

Edited July 22, 2017 by mindthegap

[Ketsuban 1,034]

She won't be out of status if she doesn't get it, but in the rare instance a cop asks to see her status and it's either expired or absent, she opens herself to a misdemeanor charge. It's up to her how she feels about that risk, I haven't had any personal encounters with cops since I moved here or any other law enforcement.

 

(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.

 

https://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-8289.html

[mindthegap 2,608]

 

 

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.  

 

 

 

By applying for a replacement alien registration card, (by filing the I-751 on time), and as you are not permitted to file an I-90 while in ROC, your legal obligations have been fulfilled.

 

 

 

You would therefore appear to be in something of a catch 22: a requirement to carry, but no requirement to obtain, something which you cant obtain anyway?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'. One is a clear instruction in immigration law, and there is no instruction for the other. 

 

 

 

It is, for most people, prudent and practical to obtain a stamp. Legally however, my interpretation of the law is that you do not have to do so.

 

 

 

Edited July 22, 2017 by mindthegap

[datkins587 2]

Thanks for the info folks, much appreciated. I'm still a bit confused by the different opinions but I did read another forum that goes along with mindthegap's remarks.

Our biggest concern was, will it interfere with the n-400 process. She already has a DL good for 4 year (DMV mistake) and she doesn't work. I also read where they take your old expired green card when they put the stamp in your passport. If anything I would think that in itself may be a problem. Especially when she goes for her interview and she doesn't have a her green card, expired or not. I guess we will just not get the stamp for now and hope her permanent green card arrives before her extension letter expires.

 

As far as not carrying her green card with her 24/7. To be honest it's been locked in a safe since she got it. We will take our chances.

[datkins587 2]

Just read this off a homeland security web site. I guess this pretty much answers my question.

 

"Documenting a Conditional Resident’s Status According to the regulations at 8 CFR 216.4(a)(1), “Upon receipt of a properly filed Form I-751, the alien’s conditional permanent resident status shall be extended automatically, if necessary, until such time as the director has adjudicated the petition.” Thus, any conditional resident who has filed a Form I-751 remains a conditional resident until a decision is made on his or her Form I-751. Such conditional resident is eligible to receive evidence of his or her conditional resident status. If a conditional resident whose I-551 has expired and whose I-797 has “expired” or is about to “expire” requests documentation of his or her status for travel or employment purposes, the Bureau of Citizenship and Immigration Services (BCIS) officer who is processing this request should first check MFAS. If the Form I-751 is still pending, the BCIS officer should collect the expired Form I-551 and issue either: • A temporary I-551 stamp with a 12-month expiration date in the conditional resident’s unexpired, foreign passport (if the expiration date of the passport is one year or more); or • If the conditional resident is not in possession of an unexpired foreign passport, a Form I- 94 (arrival portion) containing a temporary I-551 stamp with a 12-month expiration date and a photograph of the conditional resident."

 

See link to web page below.

 

 

crextensn120203.pdf

Edited July 22, 2017 by datkins587

[caliliving 606]

7 hours ago, datkins587 said:

Thanks for the info folks, much appreciated. I'm still a bit confused by the different opinions but I did read another forum that goes along with mindthegap's remarks.

Our biggest concern was, will it interfere with the n-400 process. She already has a DL good for 4 year (DMV mistake) and she doesn't work. I also read where they take your old expired green card when they put the stamp in your passport. If anything I would think that in itself may be a problem. Especially when she goes for her interview and she doesn't have a her green card, expired or not. I guess we will just not get the stamp for now and hope her permanent green card arrives before her extension letter expires.

 

As far as not carrying her green card with her 24/7. To be honest it's been locked in a safe since she got it. We will take our chances.

Yes,

I lock mine up to and unless u have to leave the country...for example a family emergency, I would not drive the 7brs for a stamp! Unless she needs it to work or something important. I don't and will not carry my GC on me either! Also, I have been pulled over multiple times and never asked to show my proof of residency (even as a tourist with only an expired passport) so having a valid driver license u will be ok!