Question:
Realize there have been conflicting views on this issue in the past.
However, the USCIS link which supported NOT carrying the card was
updated May 2nd - it now says you MUST carry your card at all times.
http://uscis.gov/graphics/howdoi/PermRes.htm#card
Do any lawyers have perspective on this change? Will the USCIS more
strongly enforce the requirement of carrying the green card now? There
would now seem to be no further defense of not carrying it at all
times.
Answer:
How would the USCIS enforce the requirement to carry the card? Can you
be arrested if you don't? Also, your last sentence doesn't make sense
This makes sense. I got a speeding ticket a few weeks ago. I gave my
license, proof isurance, and registration to the cop, and then a few
minutes later he came back to the car and asked to see my Permanent
Resident card. I had not said anything to him about being a CPR, so
there must be something on my DMV record that indicates that I am. Good
job I carry it in my wallet!
pretty compelling evidence to carry the card at
all times!!!
I thought only federal authorities could query your immigration status?
Not any more. When I got my 10-year GC it says you must carry it with
you at all times. I spoke with my attorney about this, and she said
agreed. She is on the liaison commitee here, and this is one thing that
the local USCIS people explicitly stated at a meeting.
She also said that in theory one is not required to produce the GC
except to anybody in authority in USCIS who demands it, but that it is
not necessarily wise to refuse to show it to somebody in authority who
demands it, such as a police officer. Apparently the 4th amendment
technically protects you, but technical is as technical does.
From what I recall, the wording is something like "have it available
to you at all times", not necessarily "carry it on your person at
all times".
status?
Hmmm...technically, he didn't query my immigration status. He simply
asked to see my CPR's card. I'm assuming that when he ran my license,
something would have been displayed that already provided my status to
him, therefore prompting him to make sure I was carrying my card..???
Just a guess.
My wife's dad is an LAPD cop. I'll ask him about it.
Slightly OT -- about 10 years ago, when I was chair of the LACBA
immigration section, we had a tour of the Consulate in CDJ followed by
a luncheon in El Paso. We had chartared a bus -- and the friendly INS
officer at the POE boarded and asked us 30 immigration attorneys if we
were all US Citizens. One attorney said "I have a green card." And
then she produced the photocopy she carried since she kept her card in
her safe deposit box in Los Angeles! The INS officer took her off the
bus! My good friend Howard Hom was AILA chapter chair, so the two of
us assumed the mantle of office, and went to rescue our wayward
colleaque. Howard and I were laughing so hard, we decided that this
was the ONLY way to approach the INS. So we cheerfully informed the
INS officers of the nature of our trip and that our lovely colleaque
would be flying back with us to LA that afternoon and the ribbing one
immigration lawyer would get from 29 other immigration lawyers would
far exceed any punishment they meet out. It worked. The INS officers
were laughing too -- gave her a warning of "Don't leave home without
it" and let us all go.
BTW, the errant attorney is now a US citizen. FWIW, she is also an
excellent attorney.
So what do you carry to prove immigration status if you don't have a
greencard - for example if you have an expired K3 visa and are awaiting
an interview? EAD? AP? Passport with I-94? I-797 for the I-485?
To me, having it available means it could be in a safe place where you
could present it if necessary...like in the glove compartment of your
car, or even at home where you know how to get your hands on it. Not
right in your back pocket all the time. But I've been corrected and now
the rule IS to have it on your person at all times.
Work is great, I am just trying to catch up so when I start answering
calls I don't flip out!!:)
Thanks for asking girlie!!
I noticed you became a moderator, congrats!!
