Special Case

[CJlove 147]

Hi. I really need some help here. So, a student is currently taking refuge at my house. The father is very physically abusive. She is 18 years old but still in high school. There is a TRO against the father. 
 

Visa status 

I551 approved on February, 2024

I551 expires on February, 2025

Temporary green card is being sponsored by her stepmom’s friend

 

Problem

She came to my home without any form of government identification. All she has is her school ID. The stepmom changed the locks, disconnected her cell phone, and refuses to talk with her. There is no way to retrieve any of her government ID like her passport, temporary green card, etc. She has her social security number but doesn’t not have the physical card. She cannot apply form of renewal ID… 

 

So far…

1. The police will not escort her to her parents’ house to retrieve her belongings. 
2. The family attorney who volunteered to take her case for free for her upcoming Restraining Order case against father made an appeal to retrieve her documents. However, if the parents claim they lost it, then that will be the end of it.

3. Went to social security office, embassy and DMV to see if they will accept her school ID as a form of identification to apply for the listed ID’s but failed. 
 

Question

1. Can she file for I751 although her temporary green card wasn’t established through marriage? 
2. is there anything she can file under domestic violence? Her father has 3 previous police records on file for domestic abuse against the student. 
3. How can she apply for a green card renewal without any form of government ID? I mean, surely there has to be a way…? What you got robbed? What do people do then? 
 

she does have a copy of her passport and social security. That’s all she has and she can’t go back to that house. Help…

[appleblossom 2,466]

3 hours ago, CJlove said:

Hi. I really need some help here. So, a student is currently taking refuge at my house. The father is very physically abusive. She is 18 years old but still in high school. There is a TRO against the father. 
 

Visa status 

I551 approved on February, 2024

I551 expires on February, 2025

Temporary green card is being sponsored by her stepmom’s friend

 

Problem

She came to my home without any form of government identification. All she has is her school ID. The stepmom changed the locks, disconnected her cell phone, and refuses to talk with her. There is no way to retrieve any of her government ID like her passport, temporary green card, etc. She has her social security number but doesn’t not have the physical card. She cannot apply form of renewal ID… 

 

So far…

1. The police will not escort her to her parents’ house to retrieve her belongings. 
2. The family attorney who volunteered to take her case for free for her upcoming Restraining Order case against father made an appeal to retrieve her documents. However, if the parents claim they lost it, then that will be the end of it.

3. Went to social security office, embassy and DMV to see if they will accept her school ID as a form of identification to apply for the listed ID’s but failed. 
 

Question

1. Can she file for I751 although her temporary green card wasn’t established through marriage? 
2. is there anything she can file under domestic violence? Her father has 3 previous police records on file for domestic abuse against the student. 
3. How can she apply for a green card renewal without any form of government ID? I mean, surely there has to be a way…? What you got robbed? What do people do then? 
 

she does have a copy of her passport and social security. That’s all she has and she can’t go back to that house. Help…

How did she get her GC? If it wasn’t through marriage then why do you think it will be temporary and not a 10 year GC? 
 

Sounds like she hasn’t had the plastic card in the mail, but it’s a bit early if she only entered last month, it can take up to 90 days to receive it. Did she file AR-11 to inform USCIS of her change of address? If not, file that asap and then complete this form to say the GC was never received if it doesn’t arrive by May - https://egov.uscis.gov/e-request/displayNDCForm.do?entryPoint=init&sroPageType=ndc

 

This of course assumes the GC fee ($220, going up on 1st April) was paid, as it won’t be mailed if it wasn’t. So do check that doesn’t need to be paid first as well. 

 

Good luck. 

Edited March 27 by appleblossom

[Boiler 45,462]

She should contact her Embassy to get her Passport replaced.

[CJlove 147]

3 hours ago, Boiler said:

She should contact her Embassy to get her Passport replaced.

We already did twice. As I said, because she doesn’t have any physical government ID, they denied her passport replacement. 

[Boiler 45,462]

Did she update her address for her GC?

[CJlove 147]

13 hours ago, Boiler said:

Did she update her address for her GC?

Can we without her ID?

[Boiler 45,462]

She will need her Passport

[appleblossom 2,466]

3 hours ago, Boiler said:

She will need her Passport

Why will she need her passport for AR-11? She’ll need her A number but says above they have a copy of her passport which hopefully includes a copy of her visa. 

 

OP, which country is her passport from? 

[Ontarkie 14,218]

~~Moved to Effects of Major Family Changes, from USCIS Service Center- as similar topics are discussed here.~~

[Family 3,988]

On 3/27/2024 at 12:34 AM, CJlove said:

Question

1. Can she file for I751 although her temporary green card wasn’t established through marriage? 
2. is there anything she can file under domestic violence? Her father has 3 previous police records on file for domestic abuse against the student. 
3. How can she apply for a green card renewal without any form of government ID? I mean, surely there has to be a way…? What you got robbed? What do people do then? 
 

she does have a copy of her passport and social security. That’s all she has and she can’t go back to that house. Help…

1. She can file I-751 now , no matter she just entered in Feb. do ..with waiver of joint filing due to abuse. The 3 previous police reports / the TRO involving father and stepmother actions are sufficient to demonstrate abuse/DV. …

‘She can file fee waiver for the I-751

She uses a Safe Mailing Address ( not parents )…either attorney or reach out to a DV shelter . …if you are a teacher, try not jeopardizing your position.

Do AR-11 online 

 

2. If TRO is granted , police will escort her to get belongings they can no longer refuse. If passport/docs come up ‘ missing/lost’ file police report 

 

3. File FOIA for USCIS and DOS to get complete records , they will be very useful 

 

4. File with embassy to obtain another original birth certificate , a will ultimately help in replacing passport.

 

5. Advise family law attorney doing the TRO to raise issue of USC stepmother’s I-864 financial support obligations. Even if he has no experience litigating I-864, he can either research and get hands on or refer her out. Either way , parents will pay attention 
 

[Family 3,988]

Resources/links 

 

• Your parent entered into the marriage in good faith, but during the marriage you were battered or subject to extreme cruelty by your parent or your U.S. citizen or lawful permanent resident stepparent.

You may file your Form I-751 individually, or with a request to waive the joint filing requirement depending on the circumstance, at any time before your conditional permanent resident status expires

https://www.uscis.gov/i-751
 

fee waiver 

https://www.uscis.gov/i-912

 

Foia
https://www.uscis.gov/records/request-records-through-the-freedom-of-information-act-or-privacy-act

 

https://foia.state.gov/

address change 

https://www.uscis.gov/ar-11

 

 

Edited March 28 by Family

[jackiegringa 419]

30 minutes ago, Family said:

1. She can file I-751 now , no matter she just entered in Feb. do ..with waiver of joint filing due to abuse.

This is a green card granted from parents/step parents and not marriage, her temporary green card is the stamp on the passport while the plastic card doesn't come - no I-751 will be necessary

 

OP, do file for FOIA on her case and do the AR-11 to change the address for the green card delivery. All the other issues will be easier to deal with after the plastic card is in hands. Talk to the embassy again to ask what's the procedure when there are no documents available, maybe she can get another birth certificate first? Or the police report on lost documents if comes to that.

 

Try to exhaust all options to get her documents from the parents first, she is a permanent resident and will continue to be even when the temporary stamp expires.

[Family 3,988]

5 minutes ago, jackiegringa said:

This is a green card granted from parents/step parents and not marriage, her temporary green card is the stamp on the passport while the plastic card doesn't come - no I-751 will be necessary

 

OP, do file for FOIA on her case and do the AR-11 to change the address for the green card delivery. All the other issues will be easier to deal with after the plastic card is in hands. Talk to the embassy again to ask what's the procedure when there are no documents available, maybe she can get another birth certificate first? Or the police report on lost documents if comes to that.

 

Try to exhaust all options to get her documents from the parents first, she is a permanent resident and will continue to be even when the temporary stamp expires.

My assumption is based on original post. It states child has I-551 entry in Feb, a temporary ( thus 2 yr conditional) card and that she obtained it through stepmother. That means through marriage of father to U.S.C. stepmother 
 

Not clear how you interpret otherwise …

Edited March 28 by Family

[Redro 4,611]

1 hour ago, Family said:

My assumption is based on original post. It states child has I-551 entry in Feb, a temporary ( thus 2 yr conditional) card and that she obtained it through stepmother. That means through marriage of father to U.S.C. stepmother 
 

Not clear how you interpret otherwise …

Child entered Feb 2024 and I551 expires in Feb 2025- @jackiegringa is thinking this is the endorsed visa in passport when she entered not the actual physical green card. 
@CJlove was the I551 CR2 or IR2? 
If student registered at school did the student give them a copy of her I551 when she enrolled? 
Does school have any of her documentation on file? Asking as this is how she might have received her student card… 

Edited March 28 by Redro

[Family 3,988]

14 minutes ago, Redro said:

Child entered Feb 2024 and I551 expires in Feb 2025- @jackiegringa is thinking this is the endorsed visa in passport when she entered not the actual physical green card. 
@CJlove was the I551 CR2 or IR2? 
If student registered at school did the student give them a copy of her I551 when she enrolled? 
Does school have any of her documentation on file? Asking as this is how she might have received her student card… 

Yes I realize there is no plastic card and child is a conditional resident based on father’s marriage to U.S.C. stepmom. 
 

As such she can file I-751 waiver now, based on abuse. Even if the TRO is not granted, standard for the VAWA element of I-751 is met. 
 

 

Edited March 28 by Family