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Immigration Law Weekly

July 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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