New Year’s Reminder
Posted Jan 03, 2003

We began 2002 with a reminder to MurthyDotCom and MurthyBulletin readers to check their immigration-related dates [Jan 04, 2002 Start 2002 by Verifying Immigration-Related Expiration Dates]. At The Law Office of Sheela Murthy we see the serious problems that can occur when dates and deadlines are inadvertently overlooked.

And so, with 2003 already upon us, we again encourage our readers to check all of their immigration-related expiration dates, ensuring that all papers are in order. The importance of these dates cannot be exaggerated. With increased enforcement levels, registration requirements, address notification requirements, and more such measures to be instituted, it is all the more important to avoid any technical violation or lapse.

Nonimmigrants to Check Dates on I-94 Cards

If one is a nonimmigrant, present in the U.S. and 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 one's 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 that person has maintained and complied with the terms of that status. Many confuse the expiration date on the visas in their passports issued by the consulate abroad with the expiration dates on their I-94 cards issued by the INS. Visas are entry documents, required to gain admission to the U.S. A valid visa does not equate to valid status in the U.S. For example, it is important to keep in mind that a person having a 10-year, multiple entry B-2 visa is actually, legally allowed to remain in the U.S. only to a maximum of 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, s/he should not assume that the derivative status is valid simply because the principal spouse's H1B status is valid based on having filed an H1B extension. The spouse's expiration date may differ for a variety of reasons. Sometimes people incorrectly assume that the spouse's H-4 status is extended automatically when the principal extends his/her own H1B status. 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 dependent enters the U.S. and has H-4 status, that status is valid until the date indicated on the I-94, unless a petition is filed to extend or change status. One's status is not extended simply because the principal spouse extended his or her H-1 status. Inadvertently allowing the I-94 card to expire can result in the derivative spouse's failure to maintain status. This can have serious consequences. For example, besides the threat of removal, if the spouse has accrued unlawful presence in the U.S. for more than 180 days, there is a 3-year bar or, if the person has been unlawfully present for a period in excess of one year, there is a 10-year bar on legally reentering the U.S.

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 anticipate a need to do so for emergency purposes. 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, the visa can be revalidated by the U.S. Department of State (DOS). As we have recommended in other articles, it is wise to revalidate the visa stamp with the DOS in St. Louis, if eligible, rather than waiting abroad at a consulate or being stuck abroad based on a security check or other investigation. Generally, one is eligible to have her/his visa revalidated or reissued from within the U.S. if the visa stamp in the passport will expire within 2 months or if the visa has not expired over a year prior. Details on this process may be found in the H1B FAQs on MurthyDotCom.

File the EAD Extension in Time to Avoid Gap in Work

For those who have filed the Adjustment of Status application, the employment authorization document (EAD) is issued in one-year increments. The expiration date is stated clearly on the card. The EAD needs to be renewed in order to maintain employment eligibility. In the past, the INS required approximately 90 days to issue EADs. This timeframe has increased to approximately 4 months. Additionally, per new security requirements, EADs can no longer be issued on a same-day basis at the INS District Offices. Therefore, the interim EAD may not continue as a simple solution to delayed EAD processing. The INS now allows a person to file the EAD extension 6 months prior to the expiration date instead of only allowing the EAD extension to be filed 4 months before, per the earlier rule. It is best to file the extension at the earliest opportunity, preferably 6 months prior to its expiration date, to avoid the difficulty of having to stop work, based on an INS delay in the issuance of the EAD.

Conditional Residents Should Check Status Expiration

An individual who is a conditional permanent resident needs to be mindful of the expiration date on the conditional "green card". A conditional permanent resident is one who obtained permanent residence through marriage to a U.S. citizen when the marriage took place less than two years earlier. Such an individual is only given a green card that is "conditional." This means that the permanent residence of that person expires after two years unless a filing is made three months before that expiry requesting removal of the conditions on residency. The expiration date is established as two years after the approval of the permanent residence case. This date is clearly marked on the green card. Failure to file before expiration means that the individual's permanent residence ends and s/he is then deemed 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 Card

Green cards have expiration dates. These dates simply 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 after 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. As a result of September 11, 2001, there has been increased enforcement of the requirement that permanent residents carry proof of legal status. This issue has been discussed in earlier editions of the MurthyBulletin, available on MurthyDotCom. In light of this enforcement, permanent residents should check the expiration dates on their cards and obtain new ones, if necessary.

Address Changes

MurthyDotCom and the MurthyBulletin carried reports on a number of occasions regarding the resurrection of a long-dormant requirement to advise the INS of changes of address within ten days of relocation. The form used is the AR-11. More information regarding this is available on MurthyDotCom's Post 9/11 page and via the INS WebSite. Failure to comply is a removable (deportable) offense. Those who have not complied with the requirement with respect to their current addresses should file the AR-11 without further delay. Certified mail, or other traceable mail, should be used in order to establish compliance with the law.

Registration

To date, individuals from 20 countries have been subject to special INS "call-in" registrations. The affected countries at the time of this writing are: Afghanistan, Algeria, Bahrain, Eritrea, Iran, Iraq, Lebanon, Libya, Morocco, North Korea, Oman, Pakistan, Qatar, Saudi Arabia, Somalia, Sudan, Syria, Tunisia, The United Arab Emirates, and Yemen. To date, there have been three groups of "call-ins," each with separate deadline dates. Individuals from these countries may suffer harsh consequences for failing to register. There is also a risk of being placed in removal proceedings if one is out of status at the time of registration. Therefore, it is important for those from the subject countries to read the information on MurthyDotCom, available via our Aftermath of 9/11 page, and the INS Website regarding the requirements.

Registration is an ongoing process, with the requirement to renew registration annually, on the anniversary of the initial registration. Those who are not subject to the requirements today should continue to follow news updates regarding additional countries' citizens who become subject to such registrations. The period for compliance is always brief, so it is important to keep abreast of new announcements. You can rely on MurthyDotCom and the MurthyBulletin to provide updated information on additional countries or requirements.

Conclusion

The above is in no way an exhaustive list of the dates and deadlines that are important for non-citizens. It is just a sampling of the most frequent issues that arise. All MurthyDotCom and MurthyBulletin 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.

We wish you and your loved ones the very best for the New Year!