Worth trying for an I-551 stamp?

[caybee 21]

Quick timeline:

August 7th, 2009 - window opens for husband to file to remove conditions (packet is ready and waiting for the window).

August 19th, 2009 - last day school will accept proof (NOA for I-751, or I-551 stamp) that husband will be in status for entire semester (Aug 24th - Dec. 16th) and allow him to register.

November 5th, 2009 - conditional green card will expire.

And here's our situation in a nutshell: My husband was accepted to an associate's degree program to start August 24th of this year, and he registered for his classes. Just yesterday, the staff member at the school who reviewed his permanent residency status called to tell him that because of a new South Carolina law, they cannot accept him as a student unless he can prove that he will be in status for the entire length of the semester (August 24th through December 16th), so they have rescinded his acceptance and deleted his class schedule. His conditional green card expires on November 5th, so he has nothing to prove he will be in status after this time. We explained to her that the window hasn't even opened yet for him to remove conditions, so we can't possibly show her proof of anything now, and she is sympathetic, but all she can offer is to suggest that he get an infopass and try to get an I-551 stamp extending his status at least through December 16. We are all but certain they won't consider giving him the stamp until they at least have the I-751 in their hands.

His I-751 package is essentially ready to mail, and the 90-day window will open on August 7th with the school's proof due no later than August 19th. So our plan is to overnight it on August 6th to be received on the 7th and then hope they will send him the NOA receipt quickly -- the NOA example in VJ's gallery has verbage that extends status by a year, and the staff member at the school said either this or an I-551 stamp would be acceptable if he can show them one or the other on or before August 19th. So this will still be cutting things very close, with less than two weeks to receive the NOA back from USCIS.

We're wondering if it would be worth making an infopass at the office two hours away from us a week or ten days after mailing in the packet (so hopefully it will be in the system even if they haven't sent out the NOA) and asking them for an I-551 stamp just to get him through December 16th (essentially a six-week extension). We would take along a copy of the I-751 packet, our correspondence with the school staff member, and a copy of the new legislation to plead my husband's case.

The tricky thing is that I'm now full term, officially due on August 16th, but my doctors don't expect the baby to wait quite that long, so even planning a two-hour drive for an infopass at this point is difficult. And I know none of this is USCIS's problem and that my husband could go to the infopass without me -- that's probably how it will have to be Worst case, we can't meet the deadline for the proof, and my husband will just put things off and start the program in January, but he's been trying so hard to make this work for the last few months, he's done everything right and on time, and to fall between the cracks of a new law designed to thwart illegal immigrants is discouraging.

But that's neither here nor there. Just wondering whether the consensus is that the infopass is worth the trouble or whether the chance of getting the stamp for a six-week extension is just too remote to justify the effort under the circumstances. Thanks for any input or experiences.

[NArocks 13]

I would make the infopass as soon as you can ( after filing ) just in case the NOA shows up late. Remember someitnes the infopass appointments get filled quick

[a&o 4]

My husband was able to get the stamp without a problem at all. Needed for the DMV.

[caybee 21]

Then we'll go for the infopass. Won't hurt to try. Thank you!

[sjoefl01 1]

Our local college did the same thing to both my wife and daughter. I solved the problem quickly by being agressive. They were trying to push my wife and daughter around so I had to handle it. I went to the school for my wife. I didn't have time so I wrote a letter for my daughter and told her to make them read it.

1.Remember, your problem is not with immigration. Your problem is with the school. They have some cheesy rules that are designed to prevent foreign students from overstaying visas. Some idiot clerk is misreading the rules. Make them print it for you and give you a little time to study it before you go in.

2. You are an American and this man is your husband. He is a "PERMANENT" resident that can only be removed through a lengthy legal process. When his card expires he will be a "PERMANENT" resident with an expired card.

I came at them with the attitude that my daughter would be going to the school, and would not be paying international tuition. I printed out some law about discrimination because of LPR status. In reality, what I had printed applied to the workplace but I knew they wouldn't read it anyway. The intent was to scare them into thinking that they had a bigger problem than they did. I implied that this was an opportunity to solve the problem before the lawyers had to get involved. ( Of course we don't have a lawyer, and wouldn't even consider paying one what this would cost)

When you talk to people begin by asking their name and position. Write it down. It always freaks people out when you write down their name. I think it goes back to elementary school. Always ask them who their boss is. Let them know that they are in for trouble and probably don't want to be the one that said "NO". They might want to shift this reponsibility to their boss. After all, we are talking about violation of federal law and discrimination based on race and residency status.

Don't be scared, make them scared. My daughter gave the letter to the lady who had told her that she couldn't enroll. The lady read the letter, got quiet, made a few phone calls, apologized and enrolled her in the college. That was a year ago. We still don't have the conditions removed but the school never asked for proof again.

Of course, you can see if you can get anything out of an infopass. For us that is a 6 hour drive,one way. I wasn't about to put us through all that just to please some office idiot at the local junior college. It was actually kind of fun. It is what I alwasy wanted to do with USCIS but couldn't.

[caybee 21]

sjoefl01, I appreciate what you wrote. Congratulations on getting everything straightened out for your wife and daughter.