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Filed: Citizen (apr) Country: Colombia
Timeline
Posted

Hi all,

 

My husband received his NOA Extension Letter for i751 ROC this week. His GC expires in April. Logistically, what is the best thing to do with with the extension letter once his GC expires? It is two very thick sheets of paper, which would be impossible to keep in his wallet along with his GC. 

Would it be okay to scan the letter into a PDF and keep on his phone and maybe also keep a photocopy in the car? And if for some reason he was asked for it explain thats a scan or photocopy and the original is in our firesafe?

I know if we plan to travel he needs the original for reentry, but I just don't want that letter to get destroyed being folded up in his wallet or something.

Any ideas are welcome!

Naturalization Timeline
02/08/2022 - N-400 submitted online

02/09/2022 - status update (your case is being actively reviewed by USCIS)

02/09/2022 - letter received in online inbox - biometrics being reused, no appointment required

08/01/2022 - interview notice received

09/20/2022 - interview scheduled

APPROVED!

09/21/2022 - Oath Ceremony

09/21/2022 - Applied for passport book & card and registered to vote

10/29/2022 - received passport book (not expedited)

11/03/2022 - received passport card

 

 

Filed: Citizen (apr) Country: Colombia
Timeline
Posted
36 minutes ago, MiraW said:

When I had the letter, I just stored it at home, with my green card and passport. The only id I carry with me is my drivers license. There was another thread discussing whether we should carry our green card on us.

Scanning it and store it on his phone is a good idea. 

 

Thank you!

Yeah I did a search and a lot of the threads about it were closed because it advocated breaking the law and they disabled accounts for posting about breaking the law. And I don't want that to happen to mine.

(NOTE TO ADMIN: I am not asking about breaking the law, I am just asking advice about what to do with our extension letter so it doesn't get damaged.)

My husband keeps his GC with him at all times. With him being Latino and us living in Florida, thats a risk he doesn't want to take, and I don't want him to either. But I think we will do the PDF scan of the letter, photocopy in the car, and a file on his phone that doesn't require a data connection to access.

Naturalization Timeline
02/08/2022 - N-400 submitted online

02/09/2022 - status update (your case is being actively reviewed by USCIS)

02/09/2022 - letter received in online inbox - biometrics being reused, no appointment required

08/01/2022 - interview notice received

09/20/2022 - interview scheduled

APPROVED!

09/21/2022 - Oath Ceremony

09/21/2022 - Applied for passport book & card and registered to vote

10/29/2022 - received passport book (not expedited)

11/03/2022 - received passport card

 

 

Filed: Citizen (apr) Country: Vietnam
Timeline
Posted

Do what you are comfortable with.  Like the previous user my wife’s card and letter stay in a secure place until needed.

 

Any rate seems in your case keep the original extension letter safe and then have a copy of it close by and electronic version available. In reality in most cases you only need the letter for travel outside the US.

 

 

 

 

ROC Timeline

Service Center: Vermont

90 Day Window Opened....08/08/17

I-751 Packet Sent..............08/14/17

NO1 Dated.........................

NO1 Received....................

Check Cashed....................

Biometrics Received..........

Biometrics Appointment.....

Approved...........................

 

IR-1/CR-1 Visa

I-130 NOA1: 22 Dec 2014
I-130 NOA2: 25 Jan 2015
NVC Received: 06 Feb 2015
Pay AOS Bill: 07 Mar 2015
Pay IV Bill : 20 Mar 2015
Send IV/AOS Package: 23 Mar 2015
Submit DS-261: 26 Mar 2015
Case Completed at NVC: 24 Apr 2015
Interview Date: 22 Sep 2015
Visa Approved: 22 Sep 2015
Visa Received: 03 Oct 2015 

Posted (edited)
5 hours ago, CG&LGG said:

Hi all,

 

My husband received his NOA Extension Letter for i751 ROC this week. His GC expires in April. Logistically, what is the best thing to do with with the extension letter once his GC expires? It is two very thick sheets of paper, which would be impossible to keep in his wallet along with his GC. 

Would it be okay to scan the letter into a PDF and keep on his phone and maybe also keep a photocopy in the car? And if for some reason he was asked for it explain thats a scan or photocopy and the original is in our firesafe?

I know if we plan to travel he needs the original for reentry, but I just don't want that letter to get destroyed being folded up in his wallet or something.

Any ideas are welcome!

I can only tell you what you are supposed to do.

Legally, you are supposed to carry proof of permanent residence at ALL times. This means any of these:

1) An unexpired Green Card

2) An expired Green Card with extension letter

3) A passport with I-551 Stamp.

 

Yes, the letter is thick, yes, carrying the passport around is a pain.

But, legally, that's what you are supposed to do.

See it this way. A photocopy of the letter is as bad (or good) as the photocopy of  a valid green grad.

 

Now, on to the other angle of your question.

What will be the consequences of being pulled over by a border patrol agent, etc. and not having a current green card but just a copy? (or  expired GC + extension)?

Anecdotal experiences here and other forums seems to be that nothing happened other than some arguing, stress and wasted time with the officer to be finally let go.

But anecdotal experiences are no guarantee of anything, right?

 

Chances are you will be able to carry on with your life without having to carry the original extension letter or without a current green card.  Just like you would be able to drive at 70mph on a 65mph freeway mostly without issues. 70mph is still breaking the law though.

 

 

 

 

 

 

 

Edited by sddude89
Posted (edited)
1 hour ago, sddude89 said:

 

Legally, you are supposed to carry proof of permanent residence at ALL times. 

 

264 (e) states:

"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."

 

 

 

 

Note:  A 'Registration Certificate' is defined in 264.1 -here: https://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-11261/0-0-0-28035/0-0-0-28040.html

Amongst many other documents, it lists the I-94 (not applicable), I-766 (not applicable), and of course the I-551 CARD (expired) - note that it does not mention temporary I-551 or stamp variants. The I-797C is not listed.

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.  

 

 

It could therefore be argued that since no valid 'alien registration card' nor 'certificate of alien registration' has been issued after the expiry of the GC, during the first yr of ROC, or in the second year of ROC, then there is none that can be carried, and by applying for a replacement alien registration card, (by filing the I-751) and as you are not permitted to file an I-90 while in ROC, your legal obligations have been fulfilled, as you can't carry something that doesn't exist. 

 

Edited by mindthegap

CR1 / DCF (London): 2012 / 2013 (4 months from I-130 petition to visa in hand)

I-751 #1- April 2015 [Denied]

 

April 2015 : I-751 Joint filing package sent fedex next day 09:00am from UK ($lots - thanks). 
Jan 2017: Notification that an interview has been scheduled at a local office. Bizarrely still no RFE... 
Jan 2017: 2hr wait, then interview terminated before it began, due to moving my ID to another state 2 wks prior. New interview 'in a few months...maybe.'   Informed them that divorce proceedings are underway, but not finalised at this time. 
March 2017: An Interview was scheduled - marked as no-show as they didn't actually send out a notification of interview. FML 
April  2017: Filed an official complaint with the ombudsman, and have requested Senator & Congressman assistance
August 2017: Interview - switched to a (finalised) divorce waiver. Told that decision will be made that afternoon, but no problems foreseen with my case. 
October 2017: Letter of Denial received - reason given as 'I-751 petition was not properly filed'. Discovered ex-spouse made false allegations to USCIS in 2015. No opportunity given to review & refute allegations  - contrary to USCIS policy.

I-751 #2 - Oct 2017 - Mar 2021[Denied] 

 

October 2017: Within 72hrs of receiving denial notice, a new waiver I-751, divorce decree & $680 cheque, sent to Vermont via FedEx overnight 9am priority.  
Dec 2019: Filed FOIA request for full A# file
Feb 2020: FOIA request completed - entire A# file received as a .PDF; 197 pages fully redacted, and 80 partially redacted. Don't waste your time!
March 2021: I-751 #2 denied for lack of evidence. No RFE, no interview, and evidence in previous I-751 not reviewed - contrary to policy. Huge errors in adjudication.

N-400 - Feb 2018 - Apr 2021 [Denied]

 

February 2018: N-400 filed online.  $725 paid to the USCIS paperwork wastage fund

February  2019: Interview - cancelled after a four hour wait due to 'missing paperwork' on their end. Promised Expedited reschedule.

March 2021: Interview letter received, strangely dated after I-751 denial. No I-751 interview conducted. N-400 interview and test passed, given 'cannot make a decision at this time' paper due to the ongoing I-751 nightmare...

April 2021: N-400 denial received citing recent I-751 denial as basis for ineligibility, even though it should have been a combo interview 🤯

I AM JACK'S COMPLETE LACK OF SURPRISE

Service Motion - March 2021 [Sent via FedEx & COMPLETELY IGNORED by USCIS]

 

March 2021: Service Motion request sent overnight addressed direectly to field office director, requesting urgent review and re-opening, based on errors in adjudication - citing USCIS policy, AFM and memorandums as basis for errors. This was completely ignored by USCIS.

 I-751 #3 - June 2021 - Jan 2024 [Denied]

 

IT'S GROUNDHOG DAY

June 2021: I-751 #3 (30+lbs/5000 pages of paperwork) & another $680 sent to USCIS via FedEx ($300+..thanks) .... 

June 2021: Receipt issued, card charged, biometrics waived, infopass scheduled for I-551 stamp number ten.....

Feb 2022: RFIE (no, not an RFE, a Request For Initial Evidence) received, for copies of the divorce paperwork that they already have 😑

July 2022: Infopass for I-551 stamp number eleven.....

August 2023: Infopass for I-551 stamp number twelve....

January 2024: Denial received, ignoring the overwhelming majority of the filing, abundance of evidence, and refutation of a provably false allegation. The denial also contradicts itself in multiple places, as if it was written by someone with an IQ <50.

HAPPY NEW YEAR

 

2024: FML. Seriously. I'm done. 

 

Posted
Just now, mindthegap said:

 

264 (e) states:

"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."

 

 

 

 

Note:  A 'Registration Certificate' is defined in 264.1 -here: https://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-11261/0-0-0-28035/0-0-0-28040.html

Amongst many other documents, it lists the I-94 (not applicable), I-766 (not applicable), and of course the I-551 CARD (expired) - note that it does not mention temporary I-551 or stamp variants. The I-797C is not listed.

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.  

 

 

It could therefore be argued that since no valid 'alien registration card' nor 'certificate of alien registration' has been issued after the expiry of the GC, during the first yr of ROC, or in the second year of ROC, then there is none that can be carried, and by applying for a replacement alien registration card, (by filing the I-751) and as you are not permitted to file an I-90 while in ROC, your legal obligations have been fulfilled, as you can't carry something that doesn't exist. 

 

This is wishful rationalizing and not conclusive.

 

Do as you please. And feel free to argue with an officer the above quotes.

People pulled over have been asked for the original letter. Search the threads.

 

I am not going to say what I did when all I had was GC and extension letter. But it was practical and convenient. And I am not going to rationalize that it was legal or not.

 

Cheers,

Posted

Also, check this on the NOLO legal website (Advice by lawyers) where they say that Passport and I-551 stamp really needs to be with you at all times.

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

 

But it is bulky!!! :D

 

200.gif

Posted
32 minutes ago, CanadianGrrl said:

I am worried about losing or damaging it.

For sure!!!

Anybody is.

And this applies to green card, passport with stamp, extension letter, etc.

It is not easy or fast to replace any of the docs above.

Posted

Whether you decide to carry it on you or not, I'd definitely make copies of everything and have them in a safe place and the cloud.

 

If I remember correctly I used to carry a backpack during ROC time and I had everything on me haha I'm so glad that's no longer necessary. However I still have the passport card on me at all times. It's such a habit :)

Filed: Citizen (apr) Country: Colombia
Timeline
Posted

Thank you, everyone!! I really appreciate all the responses, honesty, and transparency!

Thank you again! :) 

Naturalization Timeline
02/08/2022 - N-400 submitted online

02/09/2022 - status update (your case is being actively reviewed by USCIS)

02/09/2022 - letter received in online inbox - biometrics being reused, no appointment required

08/01/2022 - interview notice received

09/20/2022 - interview scheduled

APPROVED!

09/21/2022 - Oath Ceremony

09/21/2022 - Applied for passport book & card and registered to vote

10/29/2022 - received passport book (not expedited)

11/03/2022 - received passport card

 

 

 
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