Evidence of Legal Permanent Resident Status

If a Legal Permanent Resident (LPR) needs proof of LPR status, USCIS provides an ADIT stamp in the passport.This is not done often because the card is usually manufactured and delivered very quickly for newly approved applicants. However, for those in removal proceedings, the ADIT stamp is still needed.For those without passports and for those with expired passports, in the past, USCIS issued the ADIT stamp and a seal on an I-94 card to which a photo of the LPR was attached. Has there been a change to this process?Can an attorney with a G-28 attend with an INFOPASS on behalf of the client for ADIT stamp issuance? Is there any requirement for the client to be physically present?Does it make a difference if the LPR has been ordered by an Immigration Judge to be removed but an Appeal to the Board of Immigration Appeals (BIA) is still pending? (The person is still an LPR until the BIA decision).

Printer-friendly versionPDF version
ANSWER: 

There have been no changes to this policy.  USCIS does not issue ADIT stamps routinely as the applicant should be receiving I-551s within several weeks. If the LPR status has recently being granted, the only reason USCIS would provide an ADIT stamp is in the case of emergencies and with proof of the emergency, along with a travel itinerary/tickets.For those in removal proceedings, USCIS will stamp either a passport or an I-94.The I-94 will be marked “Pending  IJ Order” or “Pending 240 Hearing.”  The applicant must be physically present in the office to receive an ADIT stamp.  If a person has a final removal order, but the case is pending before the BIA, then he or she is considered an LPR until the decision is final.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

Add new comment