Travel possibility limited for I-551 Stamp Holders

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Check this link out on Shiela Murthy website...

http://www.murthy.com/nflash/nf_101504.html

Text:

NewsFlash! Travel Possibly Limited for I-551 Stamp Holders
Posted Oct 15, 2004

Our attorneys attending the American Immigration Lawyers Association (AILA) National Conference in Chicago have just called us on October 15, 2004, to report that the Department of Homeland Security (DHS) intends to phase out the temporary I-551 stamps as early as October 26, 2004. The I-551 stamps are temporary evidence of lawful permanent resident status. They are issued for use as proof of this status before the actual plastic green card arrives after the application for permanent residence has been approved. The stamps are valid for work and travel and function as a green card until the physical card can be produced and mailed to the recipient.

Few details on this matter have been released. At this time it is not clear whether a person who tries to reenter on an I-551 stamp after the stamps are phased out will encounter difficulties in returning. There are many people who regularly travel in and out of the country using the I-551 stamps. It is also unclear what mechanism will document permanent resident status prior to receipt of the actual, physical green card. We at The Law Office of Sheela Murthy, P.C. will continue to provide more information on this important topic for our MurthyDotCom visitors as and when it becomes available.
 
It seems one will be able to use his/her AP (or H1/H4/L1/L2 visa, if valid) until he/she gets plastic card. Basically it will be like EAD card. You cannot work until you receive EAD card (just approval does not count). Same way, you won't be a perm resident, until you receive your plastic card.
 
pralay said:
It seems one will be able to use his/her AP (or H1/H4/L1/L2 visa, if valid) until he/she gets plastic card. Basically it will be like EAD card. You cannot work until you receive EAD card (just approval does not count). Same way, you won't be a perm resident, until you receive your plastic card.
Click to expand...
What about guys already abroad or planning to leave in couple of days. My wife is leaving tomorrow and she has I-551 stamp.
please advise
 
/ intends to phase out the temporary I-551 stamps as early as October 26, 2004./

Guys! According to the text above they are going to phase out I-551 stamps. In my opinion this means that they are not going to put temporary green cards in the passport anymore. But this doesn't mean that they are not going to let people use the old stamps. It would be too cruel to reject an entry for a person who is trying to use his temporary green card.
 
pralay said:
It seems one will be able to use his/her AP (or H1/H4/L1/L2 visa, if valid) until he/she gets plastic card. Basically it will be like EAD card. You cannot work until you receive EAD card (just approval does not count). Same way, you won't be a perm resident, until you receive your plastic card.
Click to expand...

I think that is not true, as long as they approve your i485, you are perm resident.... the plastic card just the evidence of that status...
(if you lost the plastic card, that means you are not PR anymore?)

Thanks
 
Also, you would have given back your AP during time of stamping.
netfriend7109 said:
I think that is not true, as long as they approve your i485, you are perm resident.... the plastic card just the evidence of that status...
(if you lost the plastic card, that means you are not PR anymore?)

Thanks
Click to expand...
 
prashanthk said:
Also, you would have given back your AP during time of stamping.
Click to expand...

Not always. We were not asked for our APs or EADs during stamping. We were not even asked for our I-94s, but when they fell out of our passports the officer took them.
 
wik said:
Not always. We were not asked for our APs or EADs during stamping. We were not even asked for our I-94s, but when they fell out of our passports the officer took them.
Click to expand...
in our case the officer asked for AP and EAD . also our lawyer asked to surrender those.
 
Good luck to USCIS if they think they can implement this without a long "grandfathering" period for existing stamp holders.

I certainly find the murthy.com statement about "not clear whether a person who tries to reenter on an I-551 stamp after the stamps are phased out will encounter difficulties in returning" technically accurate but irresponsible for a law firm. Surely, AP filing practise cannot be hurting so bad?
 
Personally, I think this makes sense, only if they can speed up the plastic card process. Whatever said and done, it takes resources to stamp hundreds of thousands of passports for the people who are approved.

On last count, it has been taking 6 weeks for green card processing in SJC and SFO offices, so they can always delay your approval that long and send these cards along with your approval notice. Saves time and processing.

But for the people who are already using that system, they will have to grandfather then in.
 
netfriend7109 said:
I think that is not true, as long as they approve your i485, you are perm resident.... the plastic card just the evidence of that
Click to expand...

It's true for today. But USCIS can "delay" approval date and merge with "card mailing date". Basically you are not approved (hence not a perm residence) until you receive your card. Just like the way EAD works.

netfriend7109 said:
(if you lost the plastic card, that means you are not PR anymore?)
Click to expand...

It's not a question of having pastic card or not, but a question when you are "granted" PR status. It seems (from this news flash) USCIS is trying to sandwich couple of steps in 485 processing together. So, it's possble that you will be "granted" PR status when they will mail you "PR card".
 
pralay said:
It's true for today. But USCIS can "delay" approval date and merge with "card mailing date". Basically you are not approved (hence not a perm residence) until you receive your card. Just like the way EAD works.



It's not a question of having pastic card or not, but a question when you are "granted" PR status. It seems (from this news flash) USCIS is trying to sandwich couple of steps in 485 processing together. So, it's possble that you will be "granted" PR status when they will mail you "PR card".
Click to expand...
I think phase out rule is only for VWP (Visa Waiver program).
Read This:
http://pubweb.fdbl.com/news1.nsf/9a...41aa2defb55ddc8085256f3100540d50?OpenDocument
 
pralay said:
It's true for today. But USCIS can "delay" approval date and merge with "card mailing date". Basically you are not approved (hence not a perm residence) until you receive your card. Just like the way EAD works.


It's not a question of having pastic card or not, but a question when you are "granted" PR status. It seems (from this news flash) USCIS is trying to sandwich couple of steps in 485 processing together. So, it's possble that you will be "granted" PR status when they will mail you "PR card".
Click to expand...


I have following two samples.

1. I was interviewed in SJ office, I got the approval notice as follows:

Be advised that you have been granted permenant residence alien status as date indicated above......

2. My GF's i485 was approved on July, till now, she hasn't not recieved her plastic card yet. and in the August, her AP got denied, the reason is that she is PR already...


and please look at the BCIS website... here is the copy from online status chedck...

"If you were granted permanent resident status or entered the U.S. with an immigrant visa more than 60 days ago and have not received your first permanent resident card, please call 1-800-375-5283"
 
netfriend7109 said:
I have following two samples.

1. I was interviewed in SJ office, I got the approval notice as follows:

Be advised that you have been granted permenant residence alien status as date indicated above......

2. My GF's i485 was approved on July, till now, she hasn't not recieved her plastic card yet. and in the August, her AP got denied, the reason is that she is PR already...


and please look at the BCIS website... here is the copy from online status chedck...

"If you were granted permanent resident status or entered the U.S. with an immigrant visa more than 60 days ago and have not received your first permanent resident card, please call 1-800-375-5283"
Click to expand...

I don't know what are you talking about. All I can say that I am NOT talking about current law (the curent law that applies to your case and your GF's case). I was just speculating about future situation (where your case and your GF's case does not come into picture at all).
Now. go figure.
 
pralay said:
It's true for today. But USCIS can "delay" approval date and merge with "card mailing date". Basically you are not approved (hence not a perm residence) until you receive your card. Just like the way EAD works.


It's not a question of having pastic card or not, but a question when you are "granted" PR status. It seems (from this news flash) USCIS is trying to sandwich couple of steps in 485 processing together. So, it's possble that you will be "granted" PR status when they will mail you "PR card".
Click to expand...


I have following two samples.

1. I was interviewed in SJ office, I got the approval notice as follows:

Be advised that you have been granted permenant residence alien status as date indicated above......

2. My GF's i485 was approved on July, till now, she hasn't not recieved her plastic card yet. and in the August, her AP got denied, the reason is that she is PR already...


and please look at the BCIS website... here is the copy from online status chedck...

"If you were granted permanent resident status or entered the U.S. with an immigrant visa more than 60 days ago and have not received your first permanent resident card, please call 1-800-375-5283"
 
netfriend7109 said:
I have following two samples.

1. I was interviewed in SJ office, I got the approval notice as follows:

Be advised that you have been granted permenant residence alien status as date indicated above......

2. My GF's i485 was approved on July, till now, she hasn't not recieved her plastic card yet. and in the August, her AP got denied, the reason is that she is PR already...


and please look at the BCIS website... here is the copy from online status chedck...

"If you were granted permanent resident status or entered the U.S. with an immigrant visa more than 60 days ago and have not received your first permanent resident card, please call 1-800-375-5283"
Click to expand...
Asked and answered, Your Honor
:D :D
 
Murthy.com update

http://www.murthy.com/nflash/nf_101504.html

We initially reported that attorneys from The Law Office of Sheela Murthy, P.C., attending the American Immigration Lawyers Association (AILA) National Conference in Chicago, called in on October 15, 2004, to inform us that the Department of Homeland Security (DHS) intends to begin phasing out the temporary I-551 stamps as early as October 26, 2004. The I-551 stamps are temporary evidence of lawful permanent resident status. They are issued to people after their applications for permanent residence have been approved as proof of this status and to be used until the actual plastic "green" card arrives. The stamp is valid for work and travel and has served as evidence of lawful permanent resident status while individuals waited for the plastic card to be produced and received by mail.

Few details have yet been released on this matter. There was some initial concern that those who already have I-551 stamps would not be able to continue to use them to travel. The U.S. Customs and Border Protection, which employs the Port of Entry officers, has now indicated that they will continue to honor the I-551 stamp as a valid travel document. It remains unclear what mechanism will document permanent resident status prior to receipt of the plastic card. We at The Law Office of Sheela Murthy and MurthyDotCom will continue to provide our readers with more information on this important topic as and when it becomes available.
 
I-551 stamp

My 485 was approved last week. We scheduled infopass appointment on nov 2, 2004. After reading the flash news about phasing out I-551 stamps on Oct 26, 2004 I am confused. Can anybody guide me waht to do.
Thanks!
 
The I-551 stamp will remain valid.

The I-551 stamp will remain valid. CIS has cleared this issue.

"Update on ADIT (I-551) Stamps


Cite as "Posted on AILA InfoNet at Doc. No. 04101868 (Oct. 18, 2004) ."


On Friday, October 15, 2004, AILA received information suggesting changes to the USCIS practice of placing ADIT (I-551) stamps in passports on approval of permanent resident status. AILA liaison continues with its immediately assumed efforts to ascertain the accuracy of that information and to oppose any changes in the current practice. Please note the following:
1) Michael Hrinyak, Acting Executive Director, Immigration Policy and Programs, CBP, confirmed unequivocally that CBP will continue to honor ADIT (I-551) stamps for reentry purposes. CBP does not contemplate a change in this existing policy...."
 
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