Susanna

Am I able to enter US if I am returning from my trip on 3/10/04
without getting the I-551 stamp? I always thought the 1 year extension
should count from my 2 year conditional green card expire date instead
of the notice date.

Sphyrapicus

Originally posted by Susanna
    > Am I able to enter US if I
am returning from my trip on 3/10/04
    > without getting the I-551 stamp?
I always thought the 1 year extension
    > should count from my 2 year
conditional green card expire date instead
    > of the notice date.

The year extension is tacked on to the expiration date on the
green card. Regardless, USCIS deems you in status until your I-751 is
adjudicated. A computer check at the POE will confirm this if you have
any trouble. Your NOA will serve as proof that USCIS has received your
I-751 and is processing it. Nothing to worry about.

The following memo
from Acting Director Yates was sent out on December 2nd, 2003.


Documenting a Conditional Resident Â’s Status

According to the
regulations at 8 CFR 216.4(a)(1),“Upon receipt of a properly filed Form
I-751,the alien Â’s conditional permanent resident status shall be
extended automatically, if necessary,until such time as the director has
adjudicated the petition.�Thus, any conditional resident who has filed
a Form I-751 remains a conditional resident until a decision is made on
his or her Form I-751. Such conditional resident is eligible to receive
evidence of his or her conditional resident status.


See ]http://u-
scis.gov/graphics/lawsregs/handbook/CRextensn120203.pdf[/url] for the
full text of the memo.

Susanna

Originally posted by Susanna
    > Am I able to enter US if I
am returning from my trip on 3/10/04
    > without getting the I-551 stamp?
I always thought the 1 year extension
    > should count from my 2 year
conditional green card expire date instead
    > of the notice date.



Was getting a bit worried there thought I had posted
something after a wine to many lol.
But noitced another Susanna and
spelt the same way.
Pity I was not that far in the process.

susanna

Andy Platt

Actually IMHO the memo managed to confuse things more. Prior to that memo I
would have agreed it was definitely a year past the card's extension and the
wording on the I-797 implies that. An alternative has been postulated that
it's a year from the I-797 based on late filings where the I-551 had already
filed. The memo seems to indicate it's the I-797 itself that "expires":

"If a conditional resident whose I-551 has expired and whose I-797 has
"expired" or is about to "expire" requests documentation of his or her
status for travel or employment purposes, ..."

Furthermore it goes on to say that you should get the stamp.

Andy.

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