what if I don't have a foreign passport for I-751 extension?

[ciochete 0]

Hi everybody,

My wife filed I-751 on Dec. 2007, got the extension letter, did the fingerprints, and in January 2009 the extension will expire.

The HR at work keep asking for a proof of status and it would not understand that we're in status, pending decision. So we went to Boston USCIS a few times and we were told that we need a valid foreign passport to get an "extension of the extension". From what I have read online so far, if you don't have a valid passport, they should give you an I-94 with a stamp in it. Why wouldn't they just give this to us? I have found a USCIS memo that clearly states that for applicants without valid foreign passport they should provide this I-94 card with a picture and a stamp on it. The last time we went to Boston, they told us that they don't provide such thing. Go figure..

And the HR at work wouldn't understand that all they need to check the work eligibility is a green card OR a valid for work SSN and a valid US ID.

I don't know..I hope we'll get the GC this month..such a mess..

Is anybody going through this situation now?

Thanks..this is a great site..great people. Good luck everybody!

[YuAndDan 153]

I-94 is for NON Immigrants, NOT Lawful Permanent Residents. You may mean I-551 "Green-Card" stamp. Everything I have read the I-551 stamp only gets put in a passport, for travel and work purposes.

Keep in mind Lawful Permanent Resident remains LPR until a decision is made on the I-751, so even though the extension letter expires the person does not loose LPR status.

You may want to update profile, You are at the removing conditions stage, NOT AOS Pending. http://www.visajourney.com/forums/index.ph...rCP&CODE=01

http://www.visajourney.com/timeline/profile.php?id=15735

Edited December 18, 2008 by YuAndDan

[YuAndDan 153]

Per form I-9 used by employers to verify work eligibility all that is needed to verify work auth is:

An SSN card "WITHOUT the DHS notation" As soon as a person gets green-card the need to visit SSA and get the SSN card re-issued without the notation on it.

And some form of photo ID, (State ID, etc...)

Look at One thing from list B, and C is all that is needed to prove ability to work.

http://www.uscis.gov/files/form/I-9.pdf

[ciochete 0]

Thanks for replies guys,

Here is a link to the memo from USCIS that deals with applicants without valid foreign passport.

http://www.mnllp.com/USCIS751issuance122003.pdf

Why Boston wouldn't follow this..I don't know.

Did anybody go to Boston USCIS to get an "extension of the extension" for 751, without a valid passport?

[Kathryn41 3,205]

I would say go back to the Boston USCIS and present them with this memorandum. It sounds like their staff are not familiar with their own rulings. I have heard of others who have received the I-94 with the year extension. You need to bring your own passport sized photographs, apparently (2 of them).

Good luck.

[antda 13]

Hi Ciochete,

Thank you for posting this USCIS link, regarding a memo from the USCIS for applicants without a valid foreign passport while their I-751 is pending. I have bookmarked that link, read the memo, and if need be, will print it out if this out in case I need it to show the local office here if this applies to me. Likewise, this situation may apply to me too, while my I-751 case is still pending for the next 7 months or so, as my foreign (Canadian) passport will expire in a few weeks (and I don't plan on renewing it, due to costs and other issues). So I really do hope that they approve my I-751 before my extension letter expires, as otherwise, I'll have to go the same route you're going through, with the I-94 card instead of the I-551 stamp.

It's good to know too that I'm not the only one that will be in the same situation with an expired passport and other expired documents. By the way, if you don't mind me asking, why is it that your wife hasn't renewed her foreign passport, so that she does have a valid foreign one and get the I-551 stamp instead and not have to worry about getting an I-94?

And yes, do post back an update here on VJ as to what happens when you go back to your local Boston office, with this memo regarding the I-94 and to eventually get this card in your passport, as that information is helpful here too!

Also, overall, it's good to know that the I-94 with valid photographs is a viable option to prove valid legal status, when the green card expires, extension letter expires, and there is no valid foreign passport. Yes, it's definitely frustrating to have all of one's travel and immigration documents to be expired and to have to figure out some other way to prove valid legal status here in the USA!

Good luck on the rest of your immigration journey too, and hope you get this I-94 situation sorted out soon, and that you get your I-751 approved soon too.

Ant (Still waiting at the VSC, still waiting for Baby...)

Here is a link to the memo from USCIS that deals with applicants without valid foreign passport.

http://www.mnllp.com/USCIS751issuance122003.pdf

Edited December 19, 2008 by AntandD

[ciochete 0]

"By the way, if you don't mind me asking, why is it that your wife hasn't renewed her foreign passport, so that she does have a valid foreign one and get the I-551 stamp instead and not have to worry about getting an I-94? "

------------------------------------

Well, I divorced in USA from my former wife then got married to my current wife. To get a passport back in my old country, I'd have to record the divorce first, then record the new marriage, plus name changes. We have started this process almost an year ago, but still not done with it. And getting a passport thru consulate, it'll take between 4 to 6 months, after all the divorce/marriage paperwork is processed.

I believe that there is such a confusion at USCIS, dealing with this I-751 issue. Before 9/11, a I-751 process would take no more than 3 month at VSC. Now it takes more than a year. I guess their employees are not prepared and/or fully trained to deal with this issue (and many other ones...).

Nowhere in I-751 processing says that a valid foreign passport is required.

Now back to obsessively checking my mail box for that elusive GC...

[cherr1980 1]

But you know...it doesn't matter, your passport is still valid even you name changes. They only care that your passport is valid and not expired.

For example, I am in the process of my divorce in my country of origin, but I already divorced in the US. I travel with the same passport that I had with my married name (since I have to wait for all that process be taken care in my home country)...and is still valid and that's it. I had a valid I-551 stamp (actually the second one) in my passport, no problems at all. I just always carry a certified copy of my divorce decree is questions are asked.

In any case, your employer should not ask more than is needed from the I-9. If you fulfill the requirements then you should be set. If they continue making a "harrasment" situation about something that is not under the law, you can show to them very well what the law states and YOUR rights. Or just simply go to the Department of Labor.

HR should know the difference between OR and AND, LIST A/ B is OR...means one of the list A or one of the list B but you must have one of LIST C along.

[antda 13]

Hi Cicochete,

Thanks for replying to my question regarding your passport. Sorry that you had a divorce previously and that you have a hard time renewing your current passport because of your re-marriage situation. Even though it takes some time, I hope you get your passport renewed through the consulate after your divorce/marriage paperwork is completed and processed.

I agree, there is a lot of confusion at the USCIS dealing with the I-751 issue, and other immigration issues too. It boils down to the point of "the right hand doesn't know what the left hand is doing", and there is a of "bureaucratic red tape" in the process too....

As for it slowing down after 9/11, that probably isn't the case here, as even as little time as 2 years ago at the VSC, applications were being approved on average of 3-4 months. As well, currently at the CSC, applications are taking 3-4 months to be approved there.

Why the difference between the VSC and the CSC currently, who knows. But yes, the theory of "employees not prepared/not fully trained" should be taken into consideration too....

As for stating that one should have a "valid foreign passport", I'm guess that they don't state this for the I-751 process, as the "assume" that everyone has a valid foreign passport already, and don't need to be reminded of such. As well, they probably assume that an application will be approved in a timely manner, so the extension letter will suffice during that amount of time before one is approved.

Oh well, we're probably the only two here that are the "exception to the rule" with "expired/expiring passports"...

By the way, if you meet the requirements for US Citizenship/Naturalization, you can fill out the N-400 and apply for that first, as that tends to "force" the I-751 application to be approved quickly, since that is needed first before the N-400 can be approved next.

Good luck in getting your 10yr GC in the mail soon and good luck with the rest of your immigration journey.

Ant (Still waiting at the VSC...)

Well, I divorced in USA from my former wife then got married to my current wife. To get a passport back in my old country, I'd have to record the divorce first, then record the new marriage, plus name changes. We have started this process almost an year ago, but still not done with it. And getting a passport thru consulate, it'll take between 4 to 6 months, after all the divorce/marriage paperwork is processed.

I believe that there is such a confusion at USCIS, dealing with this I-751 issue. Before 9/11, a I-751 process would take no more than 3 month at VSC. Now it takes more than a year. I guess their employees are not prepared and/or fully trained to deal with this issue (and many other ones...).

Nowhere in I-751 processing says that a valid foreign passport is required.

Now back to obsessively checking my mail box for that elusive GC...

[Anastassia 0]

I went through this a year ago, and this is what I found:

Employers should not reverify your eligibility to

work if you are a lawful permanent resident and

presented your “green card” when you first filled

out the I-9 form (even though your green card has

an expiration date), because your status as a

lawful permanent resident does not expire.

I can't find the exact place on immigration website where this would probably be more credible, but I saw it there.

My extension expires in a month from now so I am waiting patiently to see what happens then. I just got my 10 year GC and it's not that I have a problem with showing it to them, but ignorance annoys me. It's EMPLOYER who should know this, am I right ? As far as I am concerned, I am not planning on showing my GC..... at lest not easily

[ciochete 0]

I went through this a year ago, and this is what I found:

Employers should not reverify your eligibility to

work if you are a lawful permanent resident and

presented your “green card” when you first filled

out the I-9 form (even though your green card has

an expiration date), because your status as a

lawful permanent resident does not expire.

I can't find the exact place on immigration website where this would probably be more credible, but I saw it there.

My extension expires in a month from now so I am waiting patiently to see what happens then. I just got my 10 year GC and it's not that I have a problem with showing it to them, but ignorance annoys me. It's EMPLOYER who should know this, am I right ? As far as I am concerned, I am not planning on showing my GC..... at lest not easily

*****************

You are right Anastassia,

The HR should know this. If they want to reverify, they can always file I-9, without asking for GC. But I guess, from commodity, they want to see a GC. I think that most of the people working in HR departments have no clue about what they're supposed to be doing with immigration related issues. Anyway, after so much research on this subject, I am not worried anymore. I know we are right, we're ready to fight it. And I do plan to advise my wife not to show her GC to them, if she'll receive it some day. Hope.

Thanks.