Expiration date of "One Year Extension"

[Leo7777 243]

Two possible interpretations:

1) One year from date the 2 year Green Card expires.

2) One year from date on the "Extension" letter.

 

I am not asking what individuals here 'think' is the correct interpretation.

 

I am asking if individuals have personally encountered important officials or organizations who think that the correct interpretation is Number 2, and have acted accordingly.

[AK_2014 113]

So far, we've batted 2 for 2 with interpretation #1 (Illinois driver's license; getting conditionally approved for Global Entry.)

[Mollie09 1,543]

I heard 1 from a lawyer, the misinformation line, and an InfoPass appointment, and 2 from CBP and a different InfoPass appointment.

There is no official guidance from USCIS on that.

Edited January 20, 2017 by F1H1I130

[ctracker 6]

Most of us apply for conditional removal 3 months before the expiration of the green card.

 

For my experience, one airline went by the date of the letter and had to check with the onsite US immigration (not sure if they were just local consultants) to see if I was OK to board since the date on the letter had already passed when I was flying back to the US. 

 

I was allowed to board.

 

At US point of entry, they looked at BOTH the extension letter and the green card. 

 

[jxn 86]

This is very frustrating for me and the letter itself is not clear on this. My local DMV interpreted it to be as one year from the date of the letter, and after I asked them to check further they say they verified it. So either they were just saying that to close the issue or they called USCIS / checked the SAVE system. I called a Tier 1 USCIS representative and asked and she said it was one year from the letter, but obviously I've heard of people saying both and I think it was a moot point in the past because there weren't long backlogs like there are now.

 

I've heard lots of people on this forum say that you can't get the I-551 stamp in your passport unless you are within thirty days of expiration. Because I filed right at the ninety-day mark before the two-year green card expiration, this will lead to a two-month period where my wife can't renew her driver license. Does anyone have experience with this gap period?

[charmander 692]

As people stated there is no official USCIS guideline to specifically define this "1 year extension" business. The only official document I found is this one https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/Static_Files_Memoranda/Archives 1998-2008/2003/crextensn120203.pdf certainly outdated from 2003 but try googling yourself and share if you could find a more recent version. It clearly says the CPR status would be extended by 12 months but no where on this document it specifically states whether this is from the date of NOA or the GC expiration itself. The only specific date we know is if you ever get an I551 stamp they will state the expiration date on that stamp; which is good. otherwise this dilemma continues. But here are the scenarios you would encounter problems with this expiration date business;

 

1) International travel - CBP agents could be very ignorant about USCIS processing times and paperwork. I've seen people having trouble even when their NOA letter has not passed the 1 year mark. Hit or miss.If your travel date is within a month or so of the NOA letter expiration, don't risk encountering an ignorant agent after a 10 hour flight and InfoPass and get I551 stamp before your trip.

2) Driver's Licenses: not everybody has this issue, some states give CPRs 5 years DL from the beginning, some only 2 years. If you are in one of these 2 year states. Go to DMV if they resist to not extend the DL, again make InfoPass and get I551 stamp. I think FOs in these specific states know the issue and won't give you a hard time to give the I551 stamp.

3) Employment: For all employment purposes an LPR whether conditional or not does NOT have to show the GC for I-9 verification. A valid driver's license and a SSN card without a restriction suffices the I-9 requirements. This is on the paper, HR people could also be very ignorant and resist to see the GC. If they give you a hardttime with the NOA letter, best solution is again Infopass and I551 stamp; or ask them to talk with their immigration lawyers.

 

 

[Gingersnap 3]

My husband's NOA letter will expire early February 2017 and his green card expired mid April 2016.  We few out of the country and back in November/December 2016.  The CBP agent did give us a little grief that it will expire in February and said something along the lines of you're lucky I'm not pulling you in for secondary.  (No idea if he was joking or serous about pulling us into secondary screening just for my husband's expired green card and NOA letter.)  We did get the stamp in his passport last week just to make sure we're all set for any travel for a year.

[Leo7777 243]

On 1/23/2017 at 11:48 AM, charmander said:

As people stated there is no official USCIS guideline to specifically define this "1 year extension" business. The only official document I found is this one https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/Static_Files_Memoranda/Archives 1998-2008/2003/crextensn120203.pdf certainly outdated from 2003 but try googling yourself and share if you could find a more recent version. It clearly says the CPR status would be extended by 12 months but no where on this document it specifically states whether this is from the date of NOA or the GC expiration itself. The only specific date we know is if you ever get an I551 stamp they will state the expiration date on that stamp; which is good. otherwise this dilemma continues. But here are the scenarios you would encounter problems with this expiration date business;

 

1) International travel - CBP agents could be very ignorant about USCIS processing times and paperwork. I've seen people having trouble even when their NOA letter has not passed the 1 year mark. Hit or miss.If your travel date is within a month or so of the NOA letter expiration, don't risk encountering an ignorant agent after a 10 hour flight and InfoPass and get I551 stamp before your trip.

2) Driver's Licenses: not everybody has this issue, some states give CPRs 5 years DL from the beginning, some only 2 years. If you are in one of these 2 year states. Go to DMV if they resist to not extend the DL, again make InfoPass and get I551 stamp. I think FOs in these specific states know the issue and won't give you a hard time to give the I551 stamp.

3) Employment: For all employment purposes an LPR whether conditional or not does NOT have to show the GC for I-9 verification. A valid driver's license and a SSN card without a restriction suffices the I-9 requirements. This is on the paper, HR people could also be very ignorant and resist to see the GC. If they give you a hardttime with the NOA letter, best solution is again Infopass and I551 stamp; or ask them to talk with their immigration lawyers.

 

 

Very good write-up Charmander; thanks for it.

 

As you note, there are still  questions left unanswered, but you gave a good layout of the possibilities.

 

What do others think about a mass contacting of Senators to ask  that they force USCIS to add just a few words to the letter to clarify. 

 

For instance, the letter would just have to say "the status is continued or extended for one year from the date of expiration shown on the latest Green Card."

[Leo7777 243]

23 hours ago, Gingersnap said:

My husband's NOA letter will expire early February 2017 and his green card expired mid April 2016.  We few out of the country and back in November/December 2016.  The CBP agent did give us a little grief that it will expire in February and said something along the lines of you're lucky I'm not pulling you in for secondary.  (No idea if he was joking or serous about pulling us into secondary screening just for my husband's expired green card and NOA letter.)  We did get the stamp in his passport last week just to make sure we're all set for any travel for a year.

Ginger, you note another situation which apparently is resolved differently for different people.  That is the obtaining of the Stamp in Passport.

 

Some have reported great difficulty or even failure to get the Stamp.  So what is the 'rule' or circumstance that allows it?

[Gingersnap 3]

17 hours ago, Leo7777 said:

Ginger, you note another situation which apparently is resolved differently for different people.  That is the obtaining of the Stamp in Passport.

 

Some have reported great difficulty or even failure to get the Stamp.  So what is the 'rule' or circumstance that allows it?

I've also read that people sometimes have issues getting the stamp as well as people getting mixed responses from the help hotline.  There are no clear rules that I've seen.  I figured with in a month before the NOA expired and crossed my fingers.

 

When my husband got the stamp he said there was another person before him doing the same thing.  You can try asking if anyone else has tried using the field office you'll need to go to and if they had any issues.  I don't see any specific forum for field offices so maybe a new topic with the field office in the title.

[Lamby11 0]

Leo7777 we are going to hopefully have the same situation as both have the Pittsburgh office. My one year extension letter expires in March so i am going to get a INFOPASS appointment in Feb and fingers crossed get stamped. I am moving and travelling in April so really need the stamp  

[Leo7777 243]

47 minutes ago, Lamby11 said:

Leo7777 we are going to hopefully have the same situation as both have the Pittsburgh office. My one year extension letter expires in March so i am going to get a INFOPASS appointment in Feb and fingers crossed get stamped. I am moving and travelling in April so really need the stamp  

Hi Lamby, thanks for your message.

Keep me informed as to what happens with your case.

Leo

[Leo7777 243]

Update.

 

Just today I (USA citizen) went to DMV in West Virginia to get my drivers license renewed.

By chance, while I was at window being attended to by clerk, I saw a man who appeared to be a supervisor of some sort.

I asked him if I could pose a question . . . so he came over to the window.

 

He was not very happy as I explained the situation to him . . . at each step (do you know about 2 year green card, one year extension letter, etc) as he just curtly answered "yes I know."

 

Then I told him how different DMV offices interpret differently what is the base date of the 'one year extension.'

 

He said:  "We have the correct interpretation . . . it is one year from date of Green Card expiration."

 I said:  "Great . . . will you always be here when my wife needs to renew her license."

 

He said:  "Not always . . . but everyone here knows the correct interpretation."

 

So now, I have moved this issue from 'high worry' category to 'low worry' category.

 

But for readers here:  This only applies to WV, and further only applies to this office in WV, and further only applies as long as this guy and some others continue working in this office, and further applies only if they are not in bad mood on our given day of coming!!!!!

[abdelzapata 1]

My NOA will expire on March12 and I have a flight out of the country from Feb24 to March06. I thought that I wouldn't have any issues since is not expired yet. But thanks god that I read this forum.

 

Do you guy I will have inconvenience to enter back and If I would like to get my passport stamped I can go without an appoinment?

 

Thanks for the answers

[SherryandDaniel 4]

You will need to get a stamp or they won't let you back into the country. You probably need an appointment, but worse case scenario is beg the guard to let you in without an appointment.