How to get One Year Extension system changed

[Merrytooth 5,748]

I have no issue with ROC 1 year extension letter.

I automatically gave a copy to the HR for verification again.

I renewed my driver license with no issue.

I work, drive, live like I did with my previous employment based visas (each time I renewed / got visa at US Consulate).

[Leo7777 243]

It is amazing that people are still accusing me of wanting to hear answers that I want to hear, and rejecting answers if I don't like them.

But take this example.

I hear about the Amazon River, but I say I don't know where it is and ask if anyone knows where it is.

Someone responds to me that it is in Kansas.

I reply that they are wrong because I know it is not in Kansas.

Then another person criticizes me for rejecting answers that I don't like.

Others tell me that the Nile is in Egypt, and I am criticized for stating that was not my question.

[Leo7777 243]

I have no issue with ROC 1 year extension letter.

I automatically gave a copy to the HR for verification again.

I renewed my driver license with no issue.

I work, drive, live like I did with my previous employment based visas (each time I renewed / got visa at US Consulate).

I am extremely happy for you.

Now, what about my original question of help for those who have had problems?

I repeat here part of my original post which is a quote of another member who laid out the problems that some have faced:

Post by NickD on 17 January 2016.

"Depending on the laws of your state, if you applied for your driver's license, it may have expired the same date your conditional card expired,

you cannot drive with an expired driver's license. Even with that one year extension letter, may have our experience, and I quote,

what in the hell is this one year extension notice. And if you are working, your employer may say the same thing in a politically correct manner.

When you very politely reply, this is how the USCIS operates, you hear, what in the heck is the USCIS? Admittedly, all of my friends, relatives,

and even myself never heard about the USCIS either. So this requires a lot of proof and explanation.

And even furthermore, they will ask, what in the heck is an I-551 stamp in your passport or that I-94? That requires even more explanation."

Edited April 4, 2016 by Leo7777

[LoveMyTico 999]

Nobody said congress created the one year extension letter. More than likely it was created internally to deal with the overflow of ROC apps. Just like how they start transferring workloads to different service centers to balance it out. It is a patch. When Obama passed DACA, the processing of the i130 petitions went to a crawl so they could focus on the illegals. A huge amount of VJ members tried to draw attention to the issue. Nothing helped. Our I130 took 11 months because of DACA. Contacting my senator did nothing. I sent numerous letters to the USCIS. Their focus was DACA. It was a slap in the face but they didn't care. I personally don't care how long my husband's ROC takes. He has a license but can walk to work.. His job will not be impacted and if it does....I don't care. I know that trying to change the broken immigration system to suit my needs will never happen.

VOTE DONALD #TRUMP .that's all I have to say

[NikLR 13,227]

So NickD had issues (he had issues with every part of the process FYI) and that's enough to change it? Most people dont have issues or if they do, they get the passport stamp. (FYI, i forget who mentioned it but the USCIS is not the Department of State. It is the Department of Homeland Security.)

I think for the most part the NOA1 extension letter works fine. I do think they should include children's names on it or send separate NOA1s because the current hand typed letter is not very official looking. State governments should educate their employees on federal regulations and processes. Ive noticed in the US that it seems like state law trumps federal law and it should be the other way around.

The US government is very very slow to change because of how many checks and balances they have in place. For instance, my husband, who works for the FAA, has a government credit card. Before he can use it he has to get approval for what he's buying in writing. After he uses it he must submit the paperwork showing what was purchased. The government then okays the purchase again in writing. Then he submits more paperwork to request the card be paid. They confirm that. It leaves a very clear papertrail if there is an issue, but it's time consuming and more work than it is worth. In the military they have meetings about having meetings about a meeting. I bet a lot of government funding could be saved just by cancelling things like that!

I don't think a temporary card is a good idea. The charge for ROC would go up to cover that and it's expensive already. There just needa to be more training done for CBP and DMV. CBP should be easy, as it's under the same department but DMV may be trickier.

Edited April 4, 2016 by NLR

[Merrytooth 5,748]

"Depending on the laws of your state, if you applied for your driver's license, it may have expired the same date your conditional card expired,

you cannot drive with an expired driver's license.

So? Same as those with employment visa. The driver's license expires the same date as the employment visa.

Go extend the visa, then renew the driver's license again.

Even with that one year extension letter, may have our experience, and I quote,

what in the hell is this one year extension notice.

This is DMV issue. Perhaps, it would be easier for Federal Govt to implement laws to recognize and accept the ROC extension letter.

It should work for other employment based visa extension as well.

And if you are working, your employer may say the same thing in a politically correct manner.

The ROC extension letter already stated clearly that your residency is extended for 1 year.

Basically, my company HR just had to run my greencard/Alien Number in E-verify again to check I am still eligible to work.

Federal Govt should make E-verify Mandatory for all employers, then the extension letter will not post a problem.

it could also solve the problems of some employers hiring illegal aliens.

Edited April 4, 2016 by Penguin_ie

[NikLR 13,227]

The average person in any country has ZERO idea how immigration actually works for their country. That includes Americans; many of whom would have trouble passing their own citizenship test.

[LoveMyTico 999]

As other pointed out - appreciate difference of opinion

Feel free to start with Congress. If you are approaching them, please ask them to deport the immigrants whose marriages fail but apparently they are allowed to ROC and AOS. Similar to employment based greencards, the process should be consistent; once you lose the job, you are required to leave the country and have no right to immigration. Further, please add to the request to revoke "marriage based" greencards altogether and change everything to employment based. Let the immigrant come to US of A and prove that there are contributors to economy/society.

I love this. Couldn't agree more. I have always thought that if you get a greencard based on marriage, and the marriage fails then your greencard expires on the final divorce date. And no exceptions and no waivers. That will do away with marriage fraud.

[Boiler 45,478]

For the record the extension letter was fine for me.

[squareleg 69]

I think, it has been stated, you got to approach President Obama for Executive Action. Well, if you plan to do so before Nov-2016, else, the new guy/gal in his chair.

Again, the burden is on you to prove or explain your legal status. And, explain it twice, thrice...etc. if you want to continue renewing your driver's license or continue with employment. I seriously doubt that if you work for an established/legal business, that they would not be able to understand the extension letter.

I would also advice to not get so worked up because legal immigration is broken and lengthy process. But if you are illegal then there are lot of avenues....someone said DACA.....

[squareleg 69]

I sent it two greencard applications (employment based and marriage based) - the visas/forms received and the notices provided respectively were acceptable by all the agencies (private and government) that I had to deal with.

There is difference between an issue with the system and grievance (because the process is not working for specific case). Instead of bothering Mr. Obama, you may want to try logging compliant with USCIS to resolve your specific issue.

Don't take offense - but have you dealt with government officials and/or uncooperative airline desk - boss, you need to seriously adjust your tone.

[Lemonslice 4,836]

So NickD had issues (he had issues with every part of the process FYI) and that's enough to change it? Most people dont have issues or if they do, they get the passport stamp. (FYI, i forget who mentioned it but the USCIS is not the Department of State. It is the Department of Homeland Security.)

I think for the most part the NOA1 extension letter works fine. I do think they should include children's names on it or send separate NOA1s because the current hand typed letter is not very official looking. State governments should educate their employees on federal regulations and processes. Ive noticed in the US that it seems like state law and trump federal law and it should be the other way around.

The US government is very very slow to change because of how many checks and balances they have in place. For instance, my husband, who works for the FAA, has a government credit card. Before he can use it he has to get approval for what he's buying in writing. After he uses it he must submit the paperwork showing what was purchased. The government then okays the purchase again in writing. Then he submits more paperwork to request the card be paid. They confirm that. It leaves a very clear papertrail if there is an issue, but it's time consuming and more work than it is worth. In the military they have meetings about having meetings about a meeting. I bet a lot of government funding could be saved just by cancelling things like that!

I don't think a temporary card is a good idea. The charge for ROC would go up to cover that and it's expensive already. There just needa to be more training done for CBP and DMV. CBP should be easy, as it's under the same department but DMV may be trickier.

Absolutely this. State governments should educate their employees on federal regulations and processes. - Adding another document will NOT solve this.

No offense to Americans, but so many documents look sketchy - birth certificates and marriage certificates vary by city, county and states. Honestly, I could print my own and tell someone two states away that it's how it is...

Regularly, we see stories in the news about front line employees who should be better trained (or take time to verify their reference manuals) - things like : http://www.usatoday.com/story/news/nation-now/2014/07/16/tsa-dc-license-orlando-airport/12722415/

My experience while removing conditions was very similar to Merrytooth. Only, I also traveled to 12-15 countries without problem and my HR department did not reverify me (because they do not have to!) see page 5 of the i-9 https://www.uscis.gov/sites/default/files/files/form/i-9.pdf and the employer's guide, should you get hired during ROC: https://www.uscis.gov/sites/default/files/files/form/m-274.pdf (page 12)

Again, the notice says: " Your conditional resident status is extended for a period of one year. " - very short sentence, no ambiguity.

Edited April 4, 2016 by Lemonslice

[Transborderwife 4,666]

As other pointed out - appreciate difference of opinion and also it is useless exercise if "you only want to hear someone repeat what you wanna then you asked in the wrong place".

Feel free to start with Congress. If you are approaching them, please ask them to deport the immigrants whose marriages fail but apparently they are allowed to ROC and AOS. Similar to employment based greencards, the process should be consistent; once you lose the job, you are required to leave the country and have no right to immigration. Further, please add to the request to revoke "marriage based" greencards altogether and change everything to employment based. Let the immigrant come to US of A and prove that there are contributors to economy/society.

Please understand that the burden is on you to prove your legal status (and to make various agencies understand that you are legal resident).

That's nice and all, but you're potentially separating children from parents or punishing a stay at home parent or possibly ill one.

[Leo7777 243]

Thanks folks.

Now we are getting some on-topic discussion, and some interesting comments about how there

are many problems with the existing system.

[squareleg 69]

Transborderwife - "...please ask them to deport the immigrants whose marriages fail but apparently they are allowed to ROC and AOS. Similar to employment based greencards, the process should be consistent; once you lose the job, you are required to leave the country and have no right to immigration". It is "marriage based" greencard. What I suggest, is making the process consistent.

Based on my experience, when 2008 financial crisis triggered, I was fired and had to leave the country in three-weeks. I had three weeks to wind up my affairs - sell the house, sell the car, say bye to my girlfriend....I think, you can follow the thought on personal front.

One has to have a risk appetite when involved in international relationship. Be ready for separated families and children, if relationships don't work-out. It would be interesting to study the dependents that immigrants bring versus their contribution to economy and longevity of the marriage. I speculate, a trend will show a significant number of immigrants brought underage-18 dependents, marriages not lasting and the immigrant and dependents staying in the US of A to afford all the benefits. Why should they not go back? I