ROC - arrested for FV

[londongal 17]

Hi all

 

Just wondering if any of you have some information. I am going to hire an immigration attorney just waiting to get the money to put the deposit down.

 

My conditional GC expires Sep 28, 2018. I filed it yesterday, however, I had to disclose I had an arrest Sep 9, 2018 for family violence. My Husband & I got into an argument and he began to rip up my ROC form, and I was trying to snatch it from him with no luck. I panicked and called the police. However, when they came they separated us and arrested me for assault - FV because my husband had a scratch on his arm.

 

My attorney is confident he can get the case dismissed or at the very least reduced to disordely conduct which is not deportable under the immigration courts , but I just wanted to know will my renewal be put on hold? I really need to get a job so I can afford the lawyer fees, but when I went to a staffing agency yesterday they said they could not hire me because my GC is about to expire and my SSN card is restricted with "DHS work authorization" or something like that.

 

What are my options right now? I really need a job...

 

Please no judgments, I am already extremely upset and stressed out by all of this.

 

Thank you 

[NikV 44]

21 minutes ago, teammayshaw said:

but when I went to a staffing agency yesterday they said they could not hire me because my GC is about to expire

https://www.uscis.gov/i-9-central/i-9-central-questions-answers/faq/what-do-i-do-when-employees-employment-authorization-expires

 

staffing agency may be unaware. look at the bottom of this page. It clearly says

 

NOTE: You cannot refuse to accept a document because it has a future expiration date. You must accept any document (from List A or List C) listed on Form I-9 that on its face reasonably appears to be genuine and to relate to the person presenting it. To do otherwise could be an unfair immigration-related employment practice in violation of the anti-discrimination provision of the INA.

 

[databit 328]

Most jobs today do a criminal background check. That is another stumbling block.

[VNN 147]

• I agree with the comment that you may need to go to the background check and at the time of hiring, your status may be already expired. You have 8 days until your status expires, it is hard to secure you an interview for this short period. 

• I am not from HR but in hiring committees for engineering and I was "trained" (nicely told) not to say anything stupid that could come back to hurt the company in future and as our company is international we do have legal department to deal with any claim that against us.  Unless you have a very strong case to against your staff agency, just let it go and send as many applications as you could for positions that you are good with.  They can be wrong to say no to you citing your status is about to expire but giving your timing, I understand why.

 

 

 

 

[Cocoza 48]

1 hour ago, teammayshaw said:

my SSN card is restricted with "DHS work authorization"

Is there a reason why you have not gone to take off the work authorization restriction?

[Ketsuban 1,034]

2 hours ago, Cocoza said:

Is there a reason why you have not gone to take off the work authorization restriction?

I agree. OP,  did you not know you could get this restriction taken off upon becoming a permanent resident? When you get your extension letter, you should get that taken care of ASAP. Then you can use your unrestricted SSN and driver's license/state ID to pass the requirements for the I-9.

[agrabs 241]

You need to update your social security card before your green card expires.  Once it expires they will not update it until your ROC is approved.  After you received your green card you should have updated it to have the restriction removed. 

[Paul & Mallory 1,398]

16 hours ago, Cocoza said:

Is there a reason why you have not gone to take off the work authorization restriction?

I was wondering the same thing, and wondering if I was under the wrong impression for a second... My husband just had his AOS interview on Tuesday and the officer even reminded him he can update his SSN card now (not wait until ROC) to remove the work restriction verbiage. She said to do it about a week or two after he got the conditional GC in the mail.

[killadocg23 88]

17 hours ago, Cocoza said:

Is there a reason why you have not gone to take off the work authorization restriction?

 My SS card has work restriction thing on it because I use to work on my campus . My work permit should be here in a few months. Can it be removed with the work permit or I have to wait until I get the GC?

[geowrian 22,337]

If the refusal to hire due to the card being about to expire is documented, then keep that documentation. Maybe you choose to pursue it, maybe not. But leave the option open. IN the vast majority of cases the employer just isn't familiar with the requirements and rights for immigrants. Show them the URL linked above.

 

5 minutes ago, killadocg23 said:

 My SS card has work restriction thing on it because I use to work on my campus . My work permit should be here in a few months. Can it be removed with the work permit or I have to wait until I get the GC?

Green card is required to remove the restriction.

[Pennycat 880]

At the very least, your extension letter won't be delayed over this. When it would be a problem is when an USCIS examiner actually looks at the file and makes a decision. This won't be for at least another year at this rate. So just hold tight and wait for your extension letter and you should be good. 

 

I'll echo others here saying that you can/should in the next couple of days (can you go today?) go to the SSA office and get an unrestricted social security card so that in the future, all you need to prove your ability to work is your drivers licence and unrestricted card. I believe that it is still possible to do this with expired green card plus extension letter but not 100% of Social Security employees are going to know this (which is why you see so many reports of denials), so just best to take care of it now.

 

For what it's worth, I think your lawyer is correct on what he'll get it down to and I'm sorry you're going through this.

[londongal 17]

On 9/20/2018 at 2:07 PM, NikV said:

https://www.uscis.gov/i-9-central/i-9-central-questions-answers/faq/what-do-i-do-when-employees-employment-authorization-expires

 

staffing agency may be unaware. look at the bottom of this page. It clearly says

 

NOTE: You cannot refuse to accept a document because it has a future expiration date. You must accept any document (from List A or List C) listed on Form I-9 that on its face reasonably appears to be genuine and to relate to the person presenting it. To do otherwise could be an unfair immigration-related employment practice in violation of the anti-discrimination provision of the INA.

 

I missed out an important fact, sorry. I lost my green card but couldn't file for a replacement since I was in the 90 days , so I just filed the i-175

On 9/20/2018 at 2:19 PM, databit said:

Most jobs today do a criminal background check. That is another stumbling block.

I don't have a criminal record (yet and hopefully ever) I have only been arrested at this point.

On 9/20/2018 at 5:59 PM, Ketsuban said:

I agree. OP,  did you not know you could get this restriction taken off upon becoming a permanent resident? When you get your extension letter, you should get that taken care of ASAP. Then you can use your unrestricted SSN and driver's license/state ID to pass the requirements for the I-9.

Ugh! I did not know this!!!

[londongal 17]

On 9/21/2018 at 9:19 AM, Pennycat said:

At the very least, your extension letter won't be delayed over this. When it would be a problem is when an USCIS examiner actually looks at the file and makes a decision. This won't be for at least another year at this rate. So just hold tight and wait for your extension letter and you should be good. 

 

I'll echo others here saying that you can/should in the next couple of days (can you go today?) go to the SSA office and get an unrestricted social security card so that in the future, all you need to prove your ability to work is your drivers licence and unrestricted card. I believe that it is still possible to do this with expired green card plus extension letter but not 100% of Social Security employees are going to know this (which is why you see so many reports of denials), so just best to take care of it now.

 

For what it's worth, I think your lawyer is correct on what he'll get it down to and I'm sorry you're going through this.

Thank you. I lost my actual green card and only have a copy so I don't think the SSA will help me?

[londongal 17]

does anyone know how long the extension letter takes, or where I could go to find out? thank you

[Pennycat 880]

2 hours ago, teammayshaw said:

Thank you. I lost my actual green card and only have a copy so I don't think the SSA will help me?

Does your SSA card have that restriction or no? 

 

You can also see if making an infopass appointment to get the 551 stamp in your passport will help-- it is in Column A of the I-9 (how they check if you're eligible for employment). This or the DL plus SSA card is probably preferable, as the extension letter isn't listed on the I-9 and it would need to be explained and believed (more hassle).

 

2 hours ago, teammayshaw said:

does anyone know how long the extension letter takes, or where I could go to find out? thank you

 

Go to the thread in the ROC forum for the month you filed to get an idea of how it is going with others around your time and to your service center.