Immigration Law WeeklyJuly 29, 1996
My fiancee was issued a Resident Alien Card on 10-16-81 and has resided
and worked in the United States to the present. She was told by a co-worker
last week that green cards had to be "reissued" or "renewed"
due to some 3/96 INS ruling. Is my fiance's co-worker delusional, confused, or
is there a process my fiancee needs to follow before we leave the United States?
If your fiancee was issued the old Form I-151 Alien Registration Receipt
Card (green card) then it expired on March 20, 1996. All Form I-151s were
supposed to be replaced with Form I-551s on or before that date. Form I-151s
were issued to lawful permanent residents until June, 1987. If she was issued
the newer Form I-551 after June 1987, she is probably okay. However, since your
fiancee received her lawful permanent residence in 1981, she probably has an old
Form I-151.
Even if your fiancee has an expired Form I-151, she is still in legal
status. However, she must obtain a new card to maintain acceptable evidence of
her permanent resident status (which is required by law). Your fiancee can file
a Form I-90 at the local INS office. Although I-151 replacement was relatively
simple prior to March 20, 1996, those lawful permanent residents who missed the
deadline will be expected to provide sufficient evidence of their actual
residence in the United States.
Form I-551's issued prior to August 1, 1989 did not have an expiration date
and presumably do not have to be replaced, at least for now. However, Form
I-551's issued after August 1, 1989, will state an expiry date of 10 years from
the date of issuance.
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