What if Stopped by Police with Expired Green Card? [split topic]

[tab0712 141]

So my husband submitted his ROC, but his green card expired and we are still waiting for the extension letter. What happens if a cop asks to see ID (he travels on public transport in the city and there are cops doing checks, as recent as last night) What does he tell them? His Drivers License expired the same date as the green card and needs the extension letter to get that as well.  He is REALLY frustrated with this process and the fact USCIS makes little effort to give updates. 

[Crazy Cat 41,904]

11 minutes ago, tab0712 said:

So my husband submitted his ROC, but his green card expired and we are still waiting for the extension letter. What happens if a cop asks to see ID (he travels on public transport in the city and there are cops doing checks, as recent as last night) What does he tell them? His Drivers License expired the same date as the green card and needs the extension letter to get that as well.  He is REALLY frustrated with this process and the fact USCIS makes little effort to give updates. 

He should show them his passport to show that he entered the US as a legal resident.

[Orangesapples 1,954]

11 minutes ago, Lucky Cat said:

He should show them his passport to show that he entered the US as a legal resident.

Are they're going to be that picky about an expired license during a pandemic? 

[Crazy Cat 41,904]

Just now, Orangesapples said:

Are they're going to be that picky about an expired license during a pandemic? 

Probably not.   

[Mike E 11,739]

53 minutes ago, tab0712 said:

So my husband submitted his ROC, but his green card expired and we are still waiting for the extension letter. What happens if a cop asks to see ID (he travels on public transport in the city and there are cops doing checks, as recent as last night) What does he tell them? His Drivers License expired the same date as the green card and needs the extension letter to get that as well.  He is REALLY frustrated with this process and the fact USCIS makes little effort to give updates. 

He should carry evidence that he submitted his ROC on time. Even if you neglected to get proof of mailing, a copy of I-751 you both signed is evidence. It is evidence because presenting to law enforcement officer a forged I-751 as document that you submitted on time and didn't is perjury, and a law enforcement officer would have to produce a reasonable suspicion your husband is both a perjurer and an unlawfully present alien. 

 

Other evidence would be a a canceled check, the check register, the duplicate check, receipt for the postage, etc.

 

Worse case he is held waiting for ICE to show up. ICE holds him a while and lets him go.

 

He can also make an appointment with USCIS for an I-551 stamp. That way he get get his DL renewed, and it will be REAL ID

 

This is not like, 

where the alien admitted to having unlawful presence. You husband has lawful presence, period, and should say that repeatedly: "I am a lawfully present alien who file his I-751 on time". ICE has a strong bar in that case to detain him. 

 

I disagree with him carrying his passport. Only do so if he gets an I-551 stamp and he is afraid of being detained by a law enforcement officer.

Edited January 1, 2021 by Mike E

[Orangesapples 1,954]

1 minute ago, Mike E said:

He should carry evidence that he submitted his ROC on time. Even if you neglected to get proof of mailing, a copy of I-751 you both signed is evidence. It is evidence because presenting to law enforcement officer a forged I-751 as document that you submitted on time and didn't is perjury, and a law enforcement officer would have to produce a reasonable suspicion your husband is both a perjurer and an unlawfully present alien. 

 

Other evidence would be a a canceled check, the check register, the duplicate check, receipt for the postage, etc.

 

Worse case he is held waiting for ICE to show up. ICE holds him a while and lets him go.

 

This is not like, 

where the alien admitted to having unlawful presence. You husband has lawful presence, period, and should say that repeatedly: "I am a lawfully present alien who file his I-751 on time". ICE has a strong bar in that case to detain him. 

I don't see why the husband can't just show his expired license and tell law enforcement that he couldn't renew it because of Covid, which is entirely true. In many places, they're even automatically extended. 

[TBoneTX 45,329]

The above hijack post and its replies have been split from someone else's thread in this forum.

Please start a separate topic when you have your own question.

[Bob in Boston 717]

13 hours ago, tab0712 said:

What happens if a cop asks to see ID (he travels on public transport in the city and there are cops doing checks, as recent as last night) What does he tell them?

Tell them he does not have one. There is no law in PA that requires him to have one. No Federal law either.

[Timona 4,207]

Why didn't he renew his ID before it expired? 

Immediately I got my 2 year GC, I went for another ID. I got it in 2017. It expires in 2023.

[ROC-AL 87]

10 minutes ago, Timona said:

Why didn't he renew his ID before it expired? 

Immediately I got my 2 year GC, I went for another ID. I got it in 2017. It expires in 2023.

probably not possible in their state. AL DL expire the day GC expires for example. not gonna be extended automatically either like someone said 

[Bob in Boston 717]

5 minutes ago, ROC-AL said:

probably not possible in their state. AL DL expire the day GC expires for example. not gonna be extended automatically either like someone said 

Massachusetts the same way. Day Green card expires so does the License.

[Ed&Midori1031 330]

Honestly. As long as your husband is able to identify himself in some sort of way by proving its him, it shouldnt be that big of an issue.  Now, if he were driving, got pulled over, and showed and expired drivers license, that would be an issue.  

 

I always prompt my wife to show her state ID first, then to show additional ID if needed, like her GC or passport.  

[AstroCanada 206]

2 hours ago, Ed&Midori1031 said:

 

I always prompt my wife to show her state ID first, then to show additional ID if needed, like her GC or passport.  

This is the best advice of this thread.  The local police probably have absolutely no idea what removal of conditions is.  When interacting with law enforcement, less is often more.  Unless it's the CBP exercising their jurisdiction within 100 miles of the border, a police officer is already on legally dubious grounds asking to see any ID randomly on public transit.  Show the state ID if asked, don't volunteer anything extra unless it's necessary.

[Ed&Midori1031 330]

30 minutes ago, AstroCanada said:

This is the best advice of this thread.  The local police probably have absolutely no idea what removal of conditions is.  When interacting with law enforcement, less is often more.  Unless it's the CBP exercising their jurisdiction within 100 miles of the border, a police officer is already on legally dubious grounds asking to see any ID randomly on public transit.  Show the state ID if asked, don't volunteer anything extra unless it's necessary.

Agree.  At the same time, my wife like to show her GC first at places like doctor appointments, buying alcohol, etc.  Just to happily say "Look, yes I'm a foreigner and I'm proud." Nothing wrong with that, but when it comes to law, different story.

[tab0712 141]

On 1/1/2021 at 10:00 AM, Timona said:

Why didn't he renew his ID before it expired? 

Immediately I got my 2 year GC, I went for another ID. I got it in 2017. It expires in 2023.

In PA, your DL or State ID expires the same day as your Green Card. There is absolutely nothing you can do until you have the NOA1.