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For many
MurthyBulletin and MurthyDotCom readers, the focus of their
lives for years is obtaining the "green card," formally known as obtaining
lawful permanent residence (LPR) in the United States. They just want to
complete the immigration process and hold their I-485 approval notices in
their hands. For these people, nothing is better than reading the letters
from their respective lawyers with the magic words that say it all:
"Congratulations, you are now a U.S. permanent resident."
In a series of
MurthyDotCom articles, we at The Law Office of Sheela Murthy hope to address
the questions that come after one has digested the good news and the
excitement of the green card approval.
In this article, we touch upon LPR status documented by the stamp in the
passport, the issues dealing with the physical card, itself, how to extend
the card upon its expiration, and how to obtain it if it is lost or stolen.
The Physical Green Card, Itself
The Notice of Approval, Form I-797, is the document issued to successful
applicants for Adjustment of Status to Permanent Residence (Form I-485).
However, it is not this document that actually changes the person's status
and "makes" one a permanent resident. The grant of permanent residence is
done on an internal CIS document, contained within the individual's file.
Most people will never see this form and have no need to see it. The
temporary stamp in the passport and, ultimately, the plastic
card (which undergoes changes in appearance and color, at times not even
being green, as the government tries to stay ahead of counterfeiters) are the physical proof of this status. This proof, generally, is needed
to live and work in the United States, and to enter the U.S. from abroad.
Local Office Procedures after the I-485 is
Approved
Once the case is approved, the new permanent resident must take the approval
notice to the local office to undergo the procedures necessary to obtain
proof of the new status. It should be noted that the procedures are purely
clerical in nature. There is no decision making regarding the green card at
this stage, as it has already been approved. The local office personnel will
stamp the passport with a "temporary evidence" stamp and fill out the
CIS
Form I-181. The stamp in the passport states "temporary evidence of I-551,
work and travel authorized." The I-551 is evidence of one's being a green
card holder or permanent resident.
Work and Travel Authorized
The stamp mentioning temporary evidence of I-551 or permanent resident
status is valid for a year. It is valid proof of permanent resident status
for employment and travel purposes. There is no need to worry about
traveling on such a simple looking stamp. The ink used is security ink. The
Port of Entry (POE) officers can quickly determine if a stamp is genuine.
Those with genuine stamps can travel in the same manner as individuals who
have received the Form I-551 or the plastic green card. The temporary
stamp, which is valid for one year, can be renewed if needed. (Recently, in
late August 2003, we have heard that some airlines in Asia are requiring
applicants with I-551 stamps to also obtain a travel document in order to
board. This may be due to the airlines not fully comprehending documentary
requirements under U.S. law).
Best Not to Relocate until Card is Received
The internal CIS Form I-181 will be sent to a green card production
facility for issuance of the plastic card. If at all possible, it is best
not to relocate until the plastic card is received. The cards will not be
forwarded by the U.S. Postal Service to a new address. Updating addresses is
not a guarantee that the card will be properly routed. Cards that are
returned to the CIS as undeliverable are destroyed after a short waiting
period. If this kind of a mix-up occurs, it may be necessary to file for a
replacement card, using Form I-90. In that case, there will be additional
expense and delay before receiving the plastic card. The instructions for
filing the
I-90 for cards which were never received are on the
CIS
WebSite.
Carry Evidence of LPR Status at All Times
Permanent residents are required to carry proof of their status under
federal law. Prior to September 11, 2001, this was not an issue of great
concern. In this post-9/11 era, however, it can be important in a variety of
situations where one may encounter law enforcement authorities. This can
range from domestic travel to routine traffic stops for speeding. In these
situations, it may be vital to be able to document lawful immigration
status.
Expiration Date of the Card
The plastic card bears an expiration date. For most people, the card is
valid for ten years. What this means is that ONLY the card, which is the
physical proof of status, expires after ten years; not the LPR status
itself. It is a security measure, as the cards are changed periodically to
enhance security features. As the expiration date draws near, it is
necessary to check the procedure for renewal. This procedure generally
involves filing the Form I-90 for a replacement card. The
details regarding where and how to file the I-90 are available on the
CIS
WebSite. The same procedure is needed for children who were under 14
at the time of the green card approval. These children will need new cards
at 14 years of age.
Of course, one way to ensure that a person's I-551 card or green card does
not expire is to file for naturalization to become a U.S. citizen.
The expiration date has a different significance for an individual with a
conditional green card, obtained via marriage to a U.S. citizen or permanent
resident. The green card will have two years to the expiration date. The
status will expire at that point, unless the necessary Form I-751 to remove
the conditions on residency is timely filed and finally approved.
The expiration date does not provide protection against potential loss of
permanent resident status, due to abandonment or the commission of certain
crimes. These matters are discussed in more detail in future articles.
Lost Cards
From time to time, green cards can be lost or stolen. While, obviously, it
is best to be careful, if something should happen while in the U.S., it is
necessary to obtain a new stamp in the passport and
apply for a replacement green card.
Future articles on the topic of permanent residents will include such
important issues as filing immigration petitions to sponsor relatives to
become lawful permanent residents, losing permanent resident status through
long absences outside the U.S. or criminal activity, and naturalization
issues.
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FIRM. All Rights Reserved
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