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Validity of temporary Green Card stamp vs. validity of passport?
Question:

I was selected in the DV-2004 Green Card Lottery and I received my DV visa at a U.S. Consulate. A few days ago, an Immigration Officer stamped a temporary Green Card in my passport.

My temporary Green Card stamp expires on June 28, 2005 and my passport expires on April 21, 2005. Thus, my passport will expire before my temporary Green Card stamp.

Is a temporary Green Card stamp still valid if it is in an expired passport?

I cannot have BCIS stamp a new temporary Green Card in a new passport because my country's Consulate will not give me a new passport, unless I return the passport that contains the temporary Green Card stamp. I cannot do this. Otherwise, I would have no proof of my LPR (Legal Permanent Resident) status and BCIS will not stamp a temporary Green Card in the new passport without this proof.

What should I do?

Answer:

Nothing in the law says the temp green card stamp must be placed in an unexpired passport. You can travel back to the US with the green card in the expired document. You may have some problems entering and transiting through other countries depending on their rules.

Are you sure your country's consulate won't give you the old passport back once they stamp it canceled or punch some holes in it? As long as they don't stamp or punch the page with the temp I-551 you would be fine.

Most likely, this won't matter because you should get the actual card well before the stamp expires. If that doesn't happen, though, you could go to your local CIS office with the old passport before you return the passport to your consulate, and ask that they give you a new stamp on an I-94. This is an established procedure. Since the stamp would be put on the arrival part of an I-94, you keep it even when traveling abroad. See Operations Instructions OI 264.2:

Crg14624 and Joe, thank you both for your interesting and useful information.

Quotes from crg14624: "Nothing in the law says the temp green card must be placed in an unexpired passport," and "You can travel back to the US with the green card in the expired document."

Even though I have an unexpired temporary Green Card stamp, am I not required by law to always carry a valid (unexpired) passport?

Quote from crg14624: "Are you sure your country's consulate won't give you the old passport back once they stamp it canceled or punch some holes in it? As long as they don't stamp or punch the page with the temp I-551 you would be fine."

Will the temporary Green Card stamp still be accepted by BCIS if the passport's pages with my biographical information are punched or canceled?

The Immigration Officer who stamped a temporary Green Card in my passport on June 29 told me that I would receive my plastic Green Card six to twelve months later. My passport will have expired by then and my temporary Green Card stamp might have expired by then.

it is important for me to know that a temporary Green Card can be stamped in an I-94. I will print the document whose link you posted so that I have something to show to BCIS.

I saw messages with DV I-551 being delivered whithin weeks of entry. Why don't you start worrying about it closer to the passport expiration date?

Green Card stamp still be accepted by BCIS if the passport's pages with my biographical information are punched or canceled? If you want a new passport, your old one will be returned with the corners cut off from the photo ID page only (eg, in my case, the photo ID page was inside the back cover, and so the back cover had the corners cut off, but all internal pages remained intact). The expired passport will also be stamped 'cancelled' on the very first page. Basically, your temporary proof of legal status should remain untouched.

Suiram, the passport in which my temporary Green Card stamp is is an emergency passport valid for one year only (from April 21, 2004 to April 21, 2005). I had to obtain this emergency passport because it takes many months to obtain the regular passport, valid ten years. The regular passport would never have been ready by the time I had my appointment at a U.S. Consulate to obtain my DV visa.

This regular passport is now waiting for me at my country's Consulate, which is demanding that I return the emergency passport in order to get the regular passport. In my previous message in this thread, I explained all the problems a CANCELED passport might cause. This is why I am not willing to return the emergency passport.

I most certainly hope I will be as lucky as those DV lottery winners whose messages you read and I most certainly hope I will get my plastic Green Card winthin weeks of my entry into the U.S. However, the Immigration Officer told me it takes six to twelve months to receive the plastic Green Card.

Syllk, the biographical information is on the first four pages of my passport, not on the passport's cover. My country's Consulate would cut off the upper right hand corner of these pages, as well as stamp ALL the passport's pages CANCELED.

in every case that I have seen, the expired (ore replaced) passport will be made invalid (CANCELED) on every page EXCEPT the page with your stamp or visa.

I had my passport expire, which had my L1 visa a few years ago, so the belgian consulate got my new passport and I had to give the old one, they invalidated every page EXCEPT the page with my L1 visa, and returned it to me together with the new assport, at the POE provide your current passport and also provide the expired one which has the page that's still ok.

just make VERY sure and make it very clear that you have that intent.

other folks from other countries have done the same I don't see why this would be different in your case. it's common practise.





 
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