Start 2002 by Verifying Immigration-Related Expiration Dates
Posted Jan 04, 2002

As the year 2002 begins, the New Year is a good time for MurthyBulletin and MurthyDotCom readers to check all of their immigration-related expiration dates to make certain that these papers are in order. We want to remind our readers of the importance of these dates and to urge them to take another look, just in case something has been missed.

Non-Immigrants to Check Dates on I-94 Cards  If one is a nonimmigrant who is present in the U.S. in a temporary status, s/he should check the expiration date of the I-94 card. The I-94 is a small card that should be affixed to the passport. The INS issues the I-94 card at the Port of Entry. It can also be issued by the INS upon approval of an application for change or extension of status. In that event, it is the bottom portion of the Form I-797 (Approval Notice) issued in connection with the application to change or extend status. This card reflects the period of legal status in the United States. An individual's status is valid until the date the I-94 expires, provided the individual has maintained and complied with the terms of that status. Many people confuse their expiration dates on the visas in their passports issued by a consulate abroad with the expiration dates on their I-94 cards issued by the INS. The visa is an entry document required to gain admission to the U.S. A valid visa does not equate to valid status in the U.S. For example, a person having a 10-year multiple entry B-2 visa is actually legally allowed to remain in the U.S. only for up to 6 months, as mentioned on the I-94 card stamped by the INS officer at the Port of Entry.

Family Members Need to File Applications to Maintain Status  Each family member should check his or her I-94. Each person has a separate status to maintain, even if the status is dependant upon another family member. If a spouse has a derivative status, such as an H-4, do not assume that the derivative status is valid simply because the principal spouse's H1B status is valid. The spouse may have a different expiration date for a variety of reasons. Sometimes it is incorrectly assumed that the spouse's H-4 status was automatically extended when the principal spouse's own H1B status was extended. This is not the case. While the derivative spouse is able to obtain an H-4 visa at the consulate based upon the H1B approval of the principal spouse without a separate petition, the procedure is different once the individual is in the U.S. Once a person enters the U.S. and has H-4 status, that person's status will end on the date indicated on the I-94, unless a petition is filed to extend or change status. Her/His status is not extended simply because the spouse's H-1 status was extended. Failure to be aware of this and allowing the I-94 card to expire inadvertently can result in the spouse's failure to maintain status. This can have serious consequences if the spouse has accrued unlawful presence in the U.S. for more than 180 days.

Visas Stamped in Passport for Reentry from Foreign Travel  Visa expiration dates (as stamped in the passport) should be checked if you are thinking of traveling outside the U.S. or if you may need to do so due to an emergency situation. Although the expiration date on the visa does not affect status or permission to remain in the U.S., a valid visa is required for reentry to the U.S. In certain instances it is possible for the U.S. Department of State (DOS) to revalidate the visa. As we have recommended previously, it is wise to revalidate the visa stamp with the DOS in St. Louis, MO, if eligible.

File the EAD Extension Timely to Avoid Gap in Work  For those who have filed Adjustment of Status applications, the employment authorization documents (EADs) are issued in one-year increments. The expiration date is indicated clearly on the card. These need to be renewed in order to maintain employment eligibility. INS takes approximately 90 days to issue EADs. Although renewals of EADs often are issued in fewer than 90 days, there is no guarantee. Therefore, the renewal request needs to be filed early enough (generally, about 4 months prior to the expiration date) to allow the INS at least 90 days to process the case.

Conditional Permanent Residents, Check Expiration of Status  Individuals who are conditional permanent residents need to be mindful of the expiration dates on their "green cards." Conditional permanent residents are individuals who obtained permanent residence through marriage to U.S. citizens at a time when they were married less than two years. These individuals have green cards that are "conditional," meaning that their permanent residence expires after two years unless a filing is made requesting removal of the conditions on residency. The expiration date is two years after the approval of the permanent residence case. The date is clearly marked on the green card. Failure to file before the expiration of the green card results in an end to one's permanent residence, leaving him or her out of status. Conditional permanent residents who have missed the deadline should consult immediately with a qualified immigration attorney regarding this matter. The problem can be overcome in certain instances, but certainly should be avoided.

Verify Expiration Dates on Green Cards  Green cards have expiration dates. These dates only refer to the date the card expires. The card simply has to be renewed by the INS. This is not an expiration of status. It is the expiration date of the card evidencing the status. It is similar to the expiration date on a passport. The citizenship remains valid even if the passport expires. However, without the valid green card, there is no proof of status. Therefore, in this era of heightened scrutiny, it is important to have proper documents. Following September 11, 2001, there has been increased enforcement of the requirement that permanent residents carry proof of their legal status. This issue has been covered in various articles from earlier editions of the MurthyBulletin. Access them easily from our index of NewsBriefs related to the 9/11 Aftermath. In light of this enforcement, permanent residents should check the expiration dates on their cards and obtain new ones, if necessary.

The above in no way is an exhaustive list of the important issues or dates of which non-citizens need to keep track. It is just a sampling of the most frequent issues that arise at our Office. All MurthyBulletin and MurthyDotCom readers should check their documents and obtain qualified legal assistance if there are any uncertainties regarding the validity of their immigration-related documents and their valid legal status.