Can't get infopass -husband will likely lose his job

[jess100 53]

Hi everyone,  Maybe I just need to vent but my husband's I-551 stamp expires in 10  9 business days and USCIS is not calling us back to schedule the info pass appointment for a new stamp.  I realize he is legal, but his employer wants proof he can still work legally after the stamp expires.

 

When we filed ROC we never received the NOA with 18 mos. extension. We called a few times about this and went to an info pass appointment where they took his green card and put a one year stamp in his passport (meaning he must carry his passport at all times-not very convenient). That one year stamp expires very soon, and we've called USCIS NOW 7 TIMES times since the end of Oct to schedule another appointment. Each time they say they will call us back in a few days-so far nothing. So we have no 18 mos extension letter, no green card (which is expired now anyway) and in a few days an expired stamp.   UPDATE; THEY CALLED TODAY-AFTER WAITING 15 DAYS WITH PHONE IN HAND-IT RANG ONCE, I ANSWERED IMMEDIATELY AND THEY HAD ALREADY DISCONNECTED.  NOW WHAT DO WE DO? I CALLED USCIS AND WAS TOLD THEY WILL CALL BACK ONCE AND IF I MISS THAT CALL (PRETTY LIKELY) I NEED TO START THE PROCESS AGAIN-MEANING MY HUSBAND LOSES HIS JOB AND HAS NO PROOF OF BEING LEGAL. NONE.

NOW IT SEEMS CLEAR THAT THIS PROCESS IS DESIGNED TO MAKE IT MORE DIFFICULT TO REMAIN LEGAL, OR EMPLOYED.  IT IS SHOCKING HOW BAD THIS SYSTEM IS, BUT MAYBE THAT'S THE POINT.

 

 

It is no longer possible to schedule the info pass online; instead you call and request one-they promise to call back and you need to give some case code number when they call.  They only try twice-and you cannot call back on that line.....meaning if you're not with your phone at all times it would be pretty easy to miss the call (like if you, say, have a job that would make answering difficult, or if you drive anywhere, or decide you need a shower some time in those 3 days)

 

How does this system to schedule info pass help anyone?  It just makes it more likely you can't get the proof you need. Moreover,  this could all have been solved without an info pass appointment (a year ago they could have sent a copy of the NOA with the stated extension), or with one info pass appointment they could have put an 18 mos stamp in the passport, or if all that failed they could call us back after the first few calls.  How does this help them or us to have to call repeatedly, travel to info pass twice, request the NOA copy 3 times, send us email etc?   This is a lot of extra work for everyone involved and still we are no closer to having the proof we need.

 

 

[mindthegap 2,589]

Has he tried fulfilling the I-9 requirements by other means?

A valid state license and an unrestricted social security card will suffice....read the I-9 form itself and the list of B+C documents on it.

 

Regarding the stamp, yes the new system is atrocious (and worse than the old one, which was bad enough) and not fit for purpose....but unless you fancy trying a walk-in (limited success in most places, and a load of attitude to boot) all you can do is keep trying for the call back.

 

Just remember that the proof of status expires, and not the status itself. Might want to point out to his employer the very prominent notice at the top of the I-9 form instructions regarding anti-discrimination - https://secure.i9.talx.com/Popups/Documents/I-9InstructionsNew.pdf

"The refusal to hire or continue to employ an individual because the documentation presented has a future expiration date may also constitute illegal discrimination." 

 

 

 

 

Edited November 19, 2019 by mindthegap

[BPS288 18]

Did you remove restrictions on your SSN card when  you become permanent resident? If you did, by law - your SSN card that has no restrictions must be accepted by your employer to prove your eligibility to work in the US. I provided my SSN card without restrictions when I switched jobs and my Drivers License and they had to accept it. I did not provide my expired greencard even though i had my extension because they just wont get why you have an extension letter sometimes.

 

Hope this helps!

[xillini 71]

USCIS has now in chatting service on their website, where you can actually chat with their customer service representative (like you are talking to Amazon's customer service online with chatting for your service issue such as delivery delay or refund your orders). Take a look and take advantage of the chatting service so your issue can be escalated to make appointment at local USCIS office. 

 

On the mean time, reach out to your congressional office's immigration specialist for urgent issue (such as employment loss due to failure of USCIS scheduling the info pass) as well as you can reach out to USCIS ombudsmen office. 

 

With these 3 approaches all at the same time, infopass should work for you, but if you can't still get info pass, then it is a big failure of USCIS to serve whatever they say or they think to serve. 

[jess100 53]

2 hours ago, mindthegap said:

Has he tried fulfilling the I-9 requirements by other means?

A valid state license and an unrestricted social security card will suffice....read the I-9 form itself and the list of B+C documents on it.

 

Regarding the stamp, yes the new system is atrocious (and worse than the old one, which was bad enough) and not fit for purpose....but unless you fancy trying a walk-in (limited success in most places, and a load of attitude to boot) all you can do is keep trying for the call back.

 

Just remember that the proof of status expires, and not the status itself. Might want to point out to his employer the very prominent notice at the top of the I-9 form instructions regarding anti-discrimination - https://secure.i9.talx.com/Popups/Documents/I-9InstructionsNew.pdf

"The refusal to hire or continue to employ an individual because the documentation presented has a future expiration date may also constitute illegal discrimination." 

 

Thank you very much for pointing this out.  We can handle it with his SS card.  I really appreciate you taking the time to answer.

 

2 hours ago, mindthegap said:

 

 

 

[jess100 53]

52 minutes ago, xillini said:

USCIS has now in chatting service on their website, where you can actually chat with their customer service representative (like you are talking to Amazon's customer service online with chatting for your service issue such as delivery delay or refund your orders). Take a look and take advantage of the chatting service so your issue can be escalated to make appointment at local USCIS office. 

 

On the mean time, reach out to your congressional office's immigration specialist for urgent issue (such as employment loss due to failure of USCIS scheduling the info pass) as well as you can reach out to USCIS ombudsmen office. 

 

With these 3 approaches all at the same time, infopass should work for you, but if you can't still get info pass, then it is a big failure of USCIS to serve whatever they say or they think to serve. 

thanks for your answer. I will look for that chat feature but so far have not seen it....I have already written to my senator regarding the Info Pass Mongolian Cluster of a process. Can try the ombudsman, thanks for the suggestion.

[jess100 53]

2 hours ago, BPS288 said:

Did you remove restrictions on your SSN card when  you become permanent resident? If you did, by law - your SSN card that has no restrictions must be accepted by your employer to prove your eligibility to work in the US. I provided my SSN card without restrictions when I switched jobs and my Drivers License and they had to accept it. I did not provide my expired greencard even though i had my extension because they just wont get why you have an extension letter sometimes.

 

Hope this helps!

We just found out we did not remove the restrictions....I guess we will be making a trip to the SS office tomorrow.  Hopefully they won't ask for the green card since that was confiscated at our last InfoPass appointment-when they gave the I-551 stamp that is now expiring.....

[jess100 53]

Thanks to all of you for replies!  We just found out we did not remove restrictions on the SS card......this should be fun.

[BPS288 18]

13 minutes ago, jess100 said:

Thanks to all of you for replies!  We just found out we did not remove restrictions on the SS card......this should be fun.

I had push back from SSN office when I tried to do it with my extension letter and expired green card. I told them USCIS letter says this is a valid proof for status and my eligibility and to get the manager to call uscis to confirm if needed. The lady thought about what I said and she issued me the approval right away. So don’t be afraid to push back back if the ssn office says you can’t use your stamp in the passport because you can! 

Edited November 20, 2019 by BPS288

[jess100 53]

2 minutes ago, BPS288 said:

I had push back from SSN office when I tried to do it with my extension letter and expired green card. I told them USCIS letter says this is a valid proof for status and my eligibility and to get the manager to call uscis to confirm if needed. The lady thought about what I said and she issued me the approval right away. So don’t be afraid to push back back if the ssn office says you can’t use your stamp in the passport because you can! 

I will push back- but we have neither a green card or an extension letter because it never arrived. I've asked several times for a copy but it's never been sent. The ONLY thing we have right now is a stamp in the passport.  I hope that will be understood.  Thanks for your reply. 

[Dashinka 24,439]

9 hours ago, jess100 said:

I will push back- but we have neither a green card or an extension letter because it never arrived. I've asked several times for a copy but it's never been sent. The ONLY thing we have right now is a stamp in the passport.  I hope that will be understood.  Thanks for your reply. 

Unfortunately, the SSA has never been known for their understanding.  Personally, I would be calling the Ombudsman or try and do a walk-in to get the new stamp.

 

Good Luck!

[implife 318]

1 hour ago, Bill & Katya said:

Personally, I would be calling the Ombudsman or try and do a walk-in to get the new stamp.

Definitely, time to escalate this. Did you contact your senator's office?

[geowrian 22,337]

17 hours ago, jess100 said:

I realize he is legal, but his employer wants proof he can still work legally after the stamp expires.

It is a violation of law for them to reverify LPRs. I suggest showing them the policy manual as they may not know.

https://www.uscis.gov/i-9-central/complete-correct-form-i-9/completing-section-3-reverification-and-rehires

Quote

Employers should not reverify:

• U.S. citizens and noncitizen nationals
• Lawful permanent residents who presented a Form I-551, Permanent Resident or Alien Registration Receipt card for Section 2. This includes conditional residents.

 

17 hours ago, jess100 said:

It is no longer possible to schedule the info pass online; instead you call and request one-they promise to call back and you need to give some case code number when they call.  They only try twice-and you cannot call back on that line.....meaning if you're not with your phone at all times it would be pretty easy to miss the call (like if you, say, have a job that would make answering difficult, or if you drive anywhere, or decide you need a shower some time in those 3 days)

 

How does this system to schedule info pass help anyone?  It just makes it more likely you can't get the proof you need. Moreover,  this could all have been solved without an info pass appointment (a year ago they could have sent a copy of the NOA with the stated extension), or with one info pass appointment they could have put an 18 mos stamp in the passport, or if all that failed they could call us back after the first few calls.  How does this help them or us to have to call repeatedly, travel to info pass twice, request the NOA copy 3 times, send us email etc?   This is a lot of extra work for everyone involved and still we are no closer to having the proof we need.

The problem was Infopass was being massively abused by people - often those local to the office - to schedule appointments for things that could be done online, for things that they cannot assist with (legal advice and such), and for just asking about one's case status. This basically filled the calendars and people who actually did need assistance (like those who need an ADIT stamp like your spouse) couldn't get an appointment. I'm not saying the new system is great or even good - clearly it's not working as intended for your spouse - but I'm just explaining that it is a consequence of abuse.

[Russ&Caro 1,549]

14 hours ago, jess100 said:

Thanks to all of you for replies!  We just found out we did not remove restrictions on the SS card......this should be fun.

You may not have an unexpired green card but you certainly have your sense of humor. Good luck.

[Mollie09 1,543]

Before the stamp expires, remove conditions on the SSC. It's what I would do.