Need to carry an extension letter along with an expired green card at all times?

[divorcedgayman 11]

We all know that it is legally required to carry our green cards with us if we are age 18 or older. Section 264 (e) of the INA states that all permanent residents must have "at all times" official evidence of permanent status.

 

Are we required to carry expired green cards along with extension letters? What happens if the extension letter expires as well? Is everyone required to get a stamp in the passport, and carry passport instead?
 

Edited December 28, 2017 by divorcedgayman

[Lemon23 400]

6 minutes ago, divorcedgayman said:

We all know that it is legally required to carry our green cards with us if we are age 18 or older. Section 264 (e) of the INA states that all permanent residents must have "at all times" official evidence of permanent status.

 

Are we required to carry expired green cards along with extension letters? What happens if the extension letter expires as well? Is everyone required to get a stamp in the passport, and carry passport instead?
 

Expired green card yes but extension letter no, but take a picture of it and save it on your phone so you can have something to show as current status just in case someone approach you and ask for your status.

Edited December 28, 2017 by Lemon23

[Lemon23 400]

8 minutes ago, divorcedgayman said:

We all know that it is legally required to carry our green cards with us if we are age 18 or older. Section 264 (e) of the INA states that all permanent residents must have "at all times" official evidence of permanent status.

 

Are we required to carry expired green cards along with extension letters? What happens if the extension letter expires as well? Is everyone required to get a stamp in the passport, and carry passport instead?
 

Get an i-551 stamp on your passport and take a picture as well and save it on your phone once your extension letter expired, also make sure to have your state ID with you every time. 

[mindthegap 2,538]

No.

 

 

INA 264 states:

(d) Every alien in the United States who has been registered and fingerprinted under the provisions of the Alien Registration Act, 1940, or under the provisions of this Act shall be issued a certificate of alien registration or an alien registration receipt card in such form and manner and at such time as shall be prescribed under regulations issued by the Attorney General. 

(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. 

 

 

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 2 yr GC, during the initial 1st yr ROC, or following the 1st year of ROC, then there is none that can be carried.

 

A 'Registration Certificate' is defined in law 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, and nor is a temporary I-551 as it states I-551 permanent resident card.

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.  

 

As you have applied for your replacement alien registration card, by virtue of filing the I-751, and as you are not permitted to file an I-90 while in ROC, your legal obligations have been fulfilled.

There is also no legal requirement for an alien to carry - or indeed even be in possession of - a foreign passport when on US soil, regardless of whether a temporary stamp is contained within.

 

 

53 minutes ago, divorcedgayman said:

What happens if the extension letter expires as well? Is everyone required to get a stamp in the passport, and carry passport instead?

 

There is no requirement in law to obtain a stamp once the 1 year extension has expired. USCIS do not even write to you to inform you that you can obtain one if you wish, or have it clearly stated anywhere, hence the abundance of postings on here about the bloody things. 

 

Whether it is sensible and prudent to have one as proof of status is another matter entirely from the legal basis for doing so.

 

 

 

 

 

 

Edited December 28, 2017 by mindthegap

[WeGuyGal 1,052]

What if someone doesn't carry (or can't afford) a phone? 

[mindthegap 2,538]

22 minutes ago, WeGuyGal said:

What if someone doesn't carry (or can't afford) a phone? 

No uber would suck....

[sddude89 31]

I disagree with the opinions above.

Check the LEGAL website NOLO:

https://www.nolo.com/legal-encyclopedia/do-i-really-need-carry-green-card-me.html

That says that when no green card, passport with I-551 stamp should be carried at all Times.

 

Back to INA 264, it probably has to be interpreted that 

"any certificate of alien registration or alien registration receipt card issued to him"  equals:

1. An unexpired green card.

2. A passport with I-551 stamp.

3. An expired green card with extension letter.

 

So yes, you need to carry the extension letter at all times (feel free to disagree).

 

 

[Lemon23 400]

25 minutes ago, sddude89 said:

I disagree with the opinions above.

Check the LEGAL website NOLO:

https://www.nolo.com/legal-encyclopedia/do-i-really-need-carry-green-card-me.html

That says that when no green card, passport with I-551 stamp should be carried at all Times.

 

Back to INA 264, it probably has to be interpreted that 

"any certificate of alien registration or alien registration receipt card issued to him"  equals:

1. An unexpired green card.

2. A passport with I-551 stamp.

3. An expired green card with extension letter.

 

So yes, you need to carry the extension letter at all times (feel free to disagree).

 

 

Do you even carried your original extension letter and expired green card every single day?

It's prone to lost and that is the only proof that you can show about your status.

I carried my expired green card and I have a picture of my extension letter, so no big deal for me since I can show something about my status.

I also have my state ID with me which is enough for me to carry every single day to prove i'm not illegal and I have a valid ID that was issued in the US.

Edited December 28, 2017 by Lemon23

[sddude89 31]

52 minutes ago, Lemon23 said:

Do you even carried your original extension letter and expired green card every single day?

The answer to that question is irrelevant to what is legally required.

It is not about what is convenient or inconvenient for myself.

 

Now, frankly, there may have been times when I did not even carry with me my unexpired green card, neither a photocopy or picture of it. 

[Lemon23 400]

4 minutes ago, sddude89 said:

The answer to that question is irrelevant to what is legally required.

It is not about what is convenient or inconvenient for myself.

 

Now, frankly, there may have been times when I did not even carry with me my unexpired green card, neither a photocopy or picture of it. 

Point being is that, OP asked if it is required to carried the expired green card with extension letter and you responded based on the USCIS rules which is I totally get it.

I just responded based on what I think is reasonable and acceptable. LOL!

[Hypnos 6,576]

I would carry your original green card (as I do, which the law requires) and a photocopy of the original extension letter. 

 

If someone who needs to see it (and actually knows what they're looking at) gets bent out of shape over it being a photocopy and not the original then they can pound sand. 

 

An exception would be overseas travel. You should always carry the original extension letter for CBP.