Residency Expires in November 2024, Case Still Pending

[visaquestion1234 34]

Hi All,

 

My wife’s residency expires this November. We filed for ROC in September of 2022 and only got an a 24 month extension (case has been stagnant since November of 2022). She is of course eligible for naturalization but is that the only practical way to speed up the process and maintain her legal residency? Naturalization isn’t a huge priority at the moment so I’d love to know what I can do in between now and November when her status expires.

 

Thank you!

[OldUser 8,619]

Your wife's residence doesn't expire. She remains a permanent residence unless she signs I-407 or immigration judge takes it away.

 

The only thing expiring is her proof of status.

[powerpuff 6,749]

  On 5/15/2024 at 5:19 PM, visaquestion1234 said:

She is of course eligible for naturalization but is that the only practical way to speed up the process

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That or suing the government under the Writ of Mandamus. 
 

And yes, as @OldUser said her status as a permanent resident doesn’t expire, just the proof of status is expiring. 

[OldUser 8,619]

What's more concerning is the fact she did not receive 48 months extension letter. In 2023 USCIS sent out 48 months extensions to everybody who had pending I-751. This would have extended her GC for another 2 years.

 

The reasons why it's concerning is if you never received new extension letter, you might as well missed interview appointment letter, RFE, NOID or denial.

 

Did you move since filing I-751? If moved, did your wife file AR-11? Did you file I-865 if you moved?

 

You can request missing notice (48 months extension) here https://egov.uscis.gov/e-request/displayNDNForm.do?sroPageType=ndn&entryPoint=init

 

 

[mindthegap 2,611]

Your wife's residency does not expire.

Much the same as her residency did not expire when her original card did, it is simply that her 2 year extension letter will expire, but that is her proof of status, and not the status itself.

She remains a permanent resident. 

 

Shortly before it expires, she should apply for an I-551 stamp in her passport as ongoing proof of status, which is sufficient for all purposes including travel.

You do this by calling USCIS, saying 'infopass' to the godawful automated system, waiting for 45 mins on hold to speak to someone who then arranges for someone to phone you back a month later, at a hugely inconvenient time, to schedule an appointment for a stamp at a hugely inconvenient time. If you are really lucky they will mail you a stamp on a white I-94W card. 

[OldUser 8,619]

  On 5/15/2024 at 5:28 PM, mindthegap said:

Your wife's residency does not expire.

Much the same as her residency did not expire when her original card did, it is simply that her 2 year extension letter will expire, but that is her proof of status, and not the status itself.

She remains a permanent resident. 

 

Shortly before it expires, she should apply for an I-551 stamp in her passport as ongoing proof of status, which is sufficient for all purposes including travel.

You do this by calling USCIS, saying 'infopass' to the godawful automated system, waiting for 45 mins on hold to speak to someone who then arranges for someone to phone you back a month later, at a hugely inconvenient time, to schedule an appointment for a stamp at a hugely inconvenient time. If you are really lucky they will mail you a stamp on a white I-94W card. 

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Or maybe worth trying requesting 48 months extension which would be valid for another 2 years VS stamp for 1 year?

[Crazy Cat 43,091]

  On 5/15/2024 at 5:19 PM, visaquestion1234 said:

but is that the only practical way to speed up the process

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That method has worked for some of us.  After waiting 40 months for the I-751 to be processed, wife filed her N-400 under the 5 year rule.  Four months later, both the I-751 and N-400 were approved together.  It is nice to have USCIS out of our lives.

[mindthegap 2,611]

  On 5/15/2024 at 5:29 PM, OldUser said:

Or maybe worth trying requesting 48 months extension which would be valid for another 2 years VS stamp for 1 year?

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Of course, but that would be far too simple and easy for the clown college masquerading as USCIS to arrange. You'd have better luck asking a Zoltar machine for a new extension letter. 

[visaquestion1234 34]

  On 5/15/2024 at 5:27 PM, OldUser said:

What's more concerning is the fact she did not receive 48 months extension letter. In 2023 USCIS sent out 48 months extensions to everybody who had pending I-751. This would have extended her GC for another 2 years.

 

The reasons why it's concerning is if you never received new extension letter, you might as well missed interview appointment letter, RFE, NOID or denial.

 

Did you move since filing I-751? If moved, did your wife file AR-11? Did you file I-865 if you moved?

 

You can request missing notice (48 months extension) here https://egov.uscis.gov/e-request/displayNDNForm.do?sroPageType=ndn&entryPoint=init

 

 

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Thank you! I searching for a 48 month extension letter but could only find the initial 24 month one we received. I will submit a request via that link in case it was misplaced or we never received it for some reason. The status online still states “Case Was Updated To Show Fingerprints Were Taken” so I don’t have any reason to believe an RFE or denial was issued.

[visaquestion1234 34]

  On 5/15/2024 at 5:28 PM, mindthegap said:

Your wife's residency does not expire.

Much the same as her residency did not expire when her original card did, it is simply that her 2 year extension letter will expire, but that is her proof of status, and not the status itself.

She remains a permanent resident. 

 

Shortly before it expires, she should apply for an I-551 stamp in her passport as ongoing proof of status, which is sufficient for all purposes including travel.

You do this by calling USCIS, saying 'infopass' to the godawful automated system, waiting for 45 mins on hold to speak to someone who then arranges for someone to phone you back a month later, at a hugely inconvenient time, to schedule an appointment for a stamp at a hugely inconvenient time. If you are really lucky they will mail you a stamp on a white I-94W card. 

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Thank you, this is extremely helpful.

[OldUser 8,619]

  On 5/15/2024 at 9:26 PM, visaquestion1234 said:

. The status online still states “Case Was Updated To Show Fingerprints Were Taken” so I don’t have any reason to believe an RFE or denial was issued.

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The status online doesn't always show accurate information. Some people got GC in the mail while status showed “Case Was Updated To Show Fingerprints Were Taken” . If you moved and never received new extension letter, you could have missed other things.

Edited May 15, 2024 by OldUser

[mindthegap 2,611]

  On 5/15/2024 at 9:26 PM, visaquestion1234 said:

The status online still states “Case Was Updated To Show Fingerprints Were Taken” so I don’t have any reason to believe an RFE or denial was issued.

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My denied cases still show similar years later... the case status is not always reflective of the case status.

 

 

[OldUser 8,619]

  On 5/16/2024 at 2:39 PM, mindthegap said:

 

My denied cases still show similar years later... the case status is not always reflective of the case status.

 

 

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+1000

 

Hence my question to OP about moving addresses which never got answered...

Edited May 16, 2024 by OldUser

[visaquestion1234 34]

  On 5/16/2024 at 6:17 PM, OldUser said:

+1000

 

Hence my question to OP about moving addresses which never got answered...

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Sorry, should have addressed that. We have not moved.

[visaquestion1234 34]

Holy hell, Batman. I just did a deep dive into all of our millions of incoming USCIS mail. Turns out we in fact DID receive the 48 month extension. I feel stupid now.