I-751 Filers (September 2018)

[vpalermo85 62]

28 minutes ago, desiring_dream18 said:

@vpalermo85 So did you choose not to get a stamp or they said they wont stamp. Please clarify, thanks

We chose not to get it.  Coming down to a choice of either or, we went with waiting for the 18 month extension letter vs. an unknown time frame for the I-551.

 

Our situation is different as my husband's job isn't questioning him for proof/not requiring him to provide it and he doesn't drive.  We're also not traveling out of the country until December so there's still time.

 

He's at his biometrics appointment now.  I've given him instructions to ask them about receiving a copy of his extension letter there if it's possible or to at least verify it.  Who knows, we'll see what happens.  Most likely they won't be able to give him an answer but next week I'm just going to call and ask them to send it again and see what happens.

[Alimanu 77]

Called today to get my receipt number, mine starts with LIN

[vpalermo85 62]

Biometrics appointment done.  No line according to the hubby and they took him early.  Was smooth sailing.  

 

Once we get that extension letter I'll be going into hibernation for a year and forget about it lol 😂🤣😂

[desiring_dream18 18]

@vpalermo85 Great, please update us if the ASC issued a NOA

[mangojuice 1]

Can a USC spouse call USCIS or does it have to be the conditional resident that call? I am afraid my husband cannot communicate well with the agent on the phone...  I am loosing patience with all the waiting...

Thanks.

[vpalermo85 62]

1 minute ago, mangojuice said:

Can a USC spouse call USCIS or does it have to be the conditional resident that call? I am afraid my husband cannot communicate well with the agent on the phone...  I am loosing patience with all the waiting...

Thanks.

Spouses' can call, I do it all the time.  But they'll ask that the applicant give the USCIS officer permission to speak to the spouse each time you call.  So make sure they're on standby when you do.

[Aloud 11]

1 hour ago, Alimanu said:

Called today to get my receipt number, mine starts with LIN

Awesome, were you the member that called earlier and they told you they couldn't find it?

 

Also when I called I had to be transferred since the first agent said they couldn't do it, are you guys being transferred? 

[poh 125]

2 hours ago, Pennycat said:

Yes. 

 

Here is the list of acceptable documents with the I-9 (the employment eligibility form. Everyone fills one of these out for every new non-independent contractor job). Note that there is NOT anything about an extension letter on there. So while you will more than likely be able to explain to a new employer about the expired green card and extension letter, you are WAY better off with a driver's licence and clean SS card. 

 

See here. You can choose to give ONE from column A. Or combo of one from column B and one from column C. 

 

 

 

In most cases your DMV will make the driver license expiration as same as the greeencard expiration/Extension letter.  If they expire you may have problems finding a new job and to show proof of identity and employment authorization even though you have a clean SS card.

Edited October 17, 2018 by poh

[Awesome22 9]

Update:

 

Uscis set up me an infopass appt few hours after the phone call. 

[Pennycat 880]

16 minutes ago, poh said:

 

 

In most cases your DMV will make the driver license expiration as same as the greeencard expiration so you may have problems finding a new job and to show proof of identity and employment authorization even though you have a clean SS card.

 

That is highly dependent on the state, they all have set their own rules for how difficult they want to make driver's licences for immigrants. My husband's driver's licence is good for 10 years.

 

Plus, your state should accept NOA1 to renew your DL, so outside of the few people whose NOA1s don't come until after the GC expires, who also live in states where the DL expires when the GC does and who also are looking for a new job during that NOA1/ GC expiration gap, most people should be ok (unfortunately, we do have someone here who is in that situation). It is a terrible situation that the NOA1s are taking this long, and even worse for people whose driver's licences are dependent on it. I'd be on the phone with my state delegates about this issue and have encouraged people who find themselves in that situation to do just that. There is no reason for a state agency to effectively double down on USCIS's shortcomings. They think they're keeping illegal immigrants/ over-stayers from having licences but they're also (or instead) punishing people undergoing ROC for USCIS's backlog. That was never the purpose of the REAL ID Act (which is what this is all about). And if I were in that position, I'd be making all sorts of a pain in the neck of myself at the Statehouse. 

 

What I'm trying to get at, though, is not this NOA1 / GC expiration gap time. It is the period of time after NOA1 but before permanent green card arrival (what are we at now, 18 to 21 months?) The I-9  says *nothing* about NOA1s (I-797s), and while most employers will be able to understand that NOA1 extends the GC's validity, the plain black-and-white, no questions asked is a current DL and clean SSN. If you will be getting a new job during that period of time, it is probably better/ simpler to just do the DL/SSN combo. 

Edited October 17, 2018 by Pennycat

[Ksenia_O 696]

On 10/13/2018 at 6:50 AM, changbaihou said:

My receipt number starts from LIN.

I just received the NOA1 (extension letter). My I-751 was received on 9/17/2018.

But the problem is: I only received one extension letter and my son's name is not on this letter, although I included his case in the I-751 since he is a minor and got green card at the same day as me.

He is going to apply for driver's license soon, but I have no idea how to prove his legal status.

USCIS forgot add his name on the Extension Letter? or USCIS should also issue another Extension Letter for him?

Any suggestion? Thank you!

 

Not sure if a parent's NOA-1 with a kid listed there even exists.

A dependent should get his/her own NOA-1. But very often  kid's NOA1 is not sent/issued, for some reason - in this case it would be a good idea to get child's passport stamped with I-551 if a proof of his residency needed (to travel overseas, get a Driver License ,a job and etc.)

 

P.S.Your son was included in your I-751 since he acquired his conditional residence status on the same day as you, not because he is a minor. 

If the status wasn't acquired on the same day as yours or within 90 days thereafter, then a separate I-751 should've been filed,  regardless of his age.

 

Anyway -  if your payment of $765.00 was accepted, kid was listed in Part 5 and the answer was "yes' to a question if a child is applying with you,   then no, your kid has not been forgotten. No worries

[poh 125]

45 minutes ago, Pennycat said:

 

That is highly dependent on the state, they all have set their own rules for how difficult they want to make driver's licences for immigrants. My husband's driver's licence is good for 10 years.

 

Plus, your state should accept NOA1 to renew your DL, so outside of the few people whose NOA1s don't come until after the GC expires, who also live in states where the DL expires when the GC does and who also are looking for a new job during that NOA1/ GC expiration gap, most people should be ok (unfortunately, we do have someone here who is in that situation). It is a terrible situation that the NOA1s are taking this long, and even worse for people whose driver's licences are dependent on it. I'd be on the phone with my state delegates about this issue and have encouraged people who find themselves in that situation to do just that. There is no reason for a state agency to effectively double down on USCIS's shortcomings. They think they're keeping illegal immigrants/ over-stayers from having licences but they're also (or instead) punishing people undergoing ROC for USCIS's backlog. That was never the purpose of the REAL ID Act (which is what this is all about). And if I were in that position, I'd be making all sorts of a pain in the neck of myself at the Statehouse. 

 

What I'm trying to get at, though, is not this NOA1 / GC expiration gap time. It is the period of time after NOA1 but before permanent green card arrival (what are we at now, 18 to 21 months?) The I-9  says *nothing* about NOA1s (I-797s), and while most employers will be able to understand that NOA1 extends the GC's validity, the plain black-and-white, no questions asked is a current DL and clean SSN. If you will be getting a new job during that period of time, it is probably better/ simpler to just do the DL/SSN combo. 

Very lucky for those who can get DL with 10 year expiration with condition greencard..!!    Some states like mine are very strict....☹️

Edited October 17, 2018 by poh

[Miki28 91]

Hi everyone, 

 

I just got off the phone with USCIS. I had issues getting infopass set up as well as still no NOA in the mail. The gentleman I spoke to tho said that it was mailed on the 19th to me that's the info he can see in the system. I am going to try and schedule the infopass again (he said they had some difficulties with that) and see if I can get the letter there. 

 

I also asked about fingerprints and he said (confirmed) lot of people have not had to do them again. 

[Pennycat 880]

14 minutes ago, poh said:

Very lucky for those who can get DL with 10 year expiration with condition greencard..!!    Some states like mine are very strict....☹️

Lucky sort of, it took a lot of fighting to even get one in the first place and it wound up being sorted out by the DMV commissioner himself. You may have encountered a bad DMV worker who doesn't understand US immigration (we did, several times. the short version of the story is I got our state delegate involved and he got the DMV commissioner involved). Essentially, they (probably) shouldn't treat one 551 any different from the next by their own laws (really dependent on the state here). Or the whole thing is just written by people who don't understand US immigration (because they are state DMV people).

 

If you want to get into the weeds on how crazy this all is.... Look at our state's guidance on what documents you need for a DL.

https://www.dmv.virginia.gov/webdoc/pdf/accept_doc_status.pdf

 

Look at LPR vs "Conditional Resident" vs pending AOS. It makes no sense. My husband went in after he got his green card and he was turned away because the green card was going to expire in 12 months (we didn't own a car, never needed a license). Because it is written like it has to be valid for 2 years. And if it's not going to be valid for 2 years, they want I-797 (aka NOA1 for ROC). But you and I both know that you can't apply for that until you've had the two year card for 21 months (3 months before expiration). Compare that to pending AOS and it's a million times easier to get a DL during AOS than after you get the 2 year card. THEN look at the rules for LPR and it simply wants "unexpired permanent resident card". Which he had. That's when I had to get the state senator and DMV commissioner involved and the short version is that they're wrong and any unexpired permanent resident card is good AND should be issued like for US citizens (10 years expiry). The pending AOS folks would only be good for however long the NOA1 from AOS is good for.

 

The people temporarily authorized to be in the US (people going through AOS, like above, students, H1B workers people like that) should have their DLs expire when their stay expires. But permanent residents are another thing, and this "conditional" residency isn't "temporary". So, (again depending on the state), they should treat people with the 2 year cards the same as the 10 (which is: the same as USCs) but they don't because they just see an expiration date and figure that means it is temporary and move on. Or that's what happened with us and it took months and a lot of government officials to untangle it. MAYBE some states have put into their codes that even permanent residents' DLs will expire when their GCs do. Either way, this is all way above the heads of the average state worker who thanks to REAL ID have been forced to implement US immigration law. And this is the result. 

[Awesome22 9]

16 minutes ago, Miki28 said:

Hi everyone, 

 

I just got off the phone with USCIS. I had issues getting infopass set up as well as still no NOA in the mail. The gentleman I spoke to tho said that it was mailed on the 19th to me that's the info he can see in the system. I am going to try and schedule the infopass again (he said they had some difficulties with that) and see if I can get the letter there. 

 

I also asked about fingerprints and he said (confirmed) lot of people have not had to do them again. 

I tried scheduling the info pass (sacramento offici) yesterday through the website but it directed me to the message box. So I called uscis this morning told them that I was having a hard time making an appointment and I needed the stamp to renew my drivers license and work gaming license. The lady said to call back after oct 27 if i havent received my NOA. so i just hung up because i was a little frustrated. 2 hrs later, I got a message from uscis stating that I have an appointment on monday 10/22. 

 

This what the letter looks like.

Edited October 17, 2018 by Awesome22