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Removal of conditions & work authorisation

Removal of conditions & work authorisation

Old Mar 21st 2018, 12:42 am
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Default Removal of conditions & work authorisation

I filed my I-751 to remove conditions on my residency (gained via K1 fiancé visa and AOS) back in February 2017. I received a letter shortly afterwards which extended my residency & work authorisation by one year due to the backlog. The new expiry date is now approaching (5/30/2018) and I'm yet to hear anything else. Any ideas how long these are taking at the moment?

Should I be contacting USCIS to see what's happening? If so, how is this best done? Much to my chagrin, I omitted to record which location I sent my I-751 to - how can I find out?

Thanks for any help.
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Old Mar 21st 2018, 12:52 am
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Default Re: Removal of conditions & work authorisation

Make an info pass appointment.
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Old Mar 21st 2018, 2:24 pm
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Default Re: Removal of conditions & work authorisation

Originally Posted by technolog
I filed my I-751 to remove conditions on my residency (gained via K1 fiancé visa and AOS) back in February 2017. I received a letter shortly afterwards which extended my residency & work authorisation by one year due to the backlog. The new expiry date is now approaching (5/30/2018) and I'm yet to hear anything else. Any ideas how long these are taking at the moment?

Should I be contacting USCIS to see what's happening? If so, how is this best done? Much to my chagrin, I omitted to record which location I sent my I-751 to - how can I find out?

Thanks for any help.
The I-751 normally has taken a year or more for the last 20 years. Sometimes it can take up to 2 years to be adjudicated.

You can find out where you mailed it by looking up the service center who has jurisdiction over where you live by looking at the USCIS website. You are free to call the 1-800 misinformation line. No harm in doing so.

I-751's have the less priority of all applications as you are a permanent resident and will remain a permanent resident until the petition is adjudicated. At the moment USCIS is backlogged on adjustment of status petitions and naturalization petitions. These get first priority.

As Tom169 suggested, you need an Infopass appointment to have a new I-551 stamp placed in your passport. You can make the appointment online at the USCIS website.

BTW, if you are interested in naturalizing, you can apply for naturalization within 90 days of the three year of your residency. I know you said when your filed for the I-751 but you don't mention what is the expiration date on the card itself. Add one year to that date, and subtract 90 days, and you are eligible to apply.

Last edited by Rete; Mar 21st 2018 at 2:26 pm.
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Old Mar 22nd 2018, 12:39 am
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Default Re: Removal of conditions & work authorisation

Originally Posted by Rete
The I-751 normally has taken a year or more for the last 20 years. Sometimes it can take up to 2 years to be adjudicated.

You can find out where you mailed it by looking up the service center who has jurisdiction over where you live by looking at the USCIS website. You are free to call the 1-800 misinformation line. No harm in doing so.

I-751's have the less priority of all applications as you are a permanent resident and will remain a permanent resident until the petition is adjudicated. At the moment USCIS is backlogged on adjustment of status petitions and naturalization petitions. These get first priority.

As Tom169 suggested, you need an Infopass appointment to have a new I-551 stamp placed in your passport. You can make the appointment online at the USCIS website.

BTW, if you are interested in naturalizing, you can apply for naturalization within 90 days of the three year of your residency. I know you said when your filed for the I-751 but you don't mention what is the expiration date on the card itself. Add one year to that date, and subtract 90 days, and you are eligible to apply.
Thank you tom169 & Rete.

My I-551 2-year "green card" says Card Expires: 05/30/17 and Resident Since: 05/30/15 (although I actually entered the US on my K1 visa on 06/16/14 and haven't left since. My card also says its Category is CF1, if that's of any interest.

I've dug out the letter of receipt following my I-751 petition and entered the WAC receipt number (which means I sent it to the California service center, right?) into the USCIS case status website. The case is showing as "Received" on 3/13/17 and there is nothing listed beneath the Case History heading.

As I said in my OP, I got a letter extending my residency and work authorization by 1 year to 5/30/18. Will I receive another letter extending it further in the seemingly likely event that my case is not adjudicated in the next couple of months? Is this "I-551 stamp" in my passport important? I didn't get one last year when my green card first expired (I didn't know about it until now). A possible complicating factor is that my passport (British) expired in May 2017. I'm hoping to have my passport photos done this weekend and apply for renewal next week. I guess I need a current, valid passport to get this I-551 stamp?

I looked at the Infopass appointment website last night and it seems there are appointments available for next week. Would it serve any purpose to go without a current passport? Do I just make an appointment and then tell them what I need when I get there?

On your other point, I am very interested in naturalizing (this means applying for US citizenship, I assume) and from what you say, it seems I am now eligible to do so, yes? Can you remind me how much it costs and point me to details of the process, please?
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Old Mar 22nd 2018, 1:15 am
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Default Re: Removal of conditions & work authorisation

Www.uscis.gov for details on naturalization.

I-751s are taking a long time right now. You would need the I-551 stamp in your passport if you wanted to travel abroad.

You won't get another extension letter.

Rene
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Old Mar 22nd 2018, 1:23 am
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Default Re: Removal of conditions & work authorisation

Originally Posted by Noorah101
Www.uscis.gov for details on naturalization.

I-751s are taking a long time right now. You would need the I-551 stamp in your passport if you wanted to travel abroad.

You won't get another extension letter.

Rene
Hi Rene and thank you.

I showed my employer my extension letter when I was hired and there's a distinct possibility that they'll be looking for a similar document, come the end of May. In the absence of another letter, what can I show them or where can I direct them to allay possible fears that my work authorization has lapsed?
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Old Mar 22nd 2018, 2:16 am
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Default Re: Removal of conditions & work authorisation

After looking at the I-9 form online, it seems that once the I-551 has expired, as mine has, I should have got a temporary I-551 stamp in my passport for my work authorization to continue. So it seems it's pretty important.

The I-9 form section 3 says that all documents must be unexpired so I guess I need to get a new British passport as soon as possible then schedule an Infopass appointment to get it stamped. Does this sound right?

Am I likely to experience any problems by not getting my passport stamped last year?
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Old Mar 22nd 2018, 3:26 am
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Default Re: Removal of conditions & work authorisation

To satisfy the I-9 requirement, you can use your drivers license and unrestricted social security card (1 item from column B and 1 item from column C).

That being said, your employer is not supposed to recertify anything, so you're probably safe.

Rene
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Old Mar 22nd 2018, 3:54 am
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Default Re: Removal of conditions & work authorisation

You do not need a passport to get a job or to hold a job. I don't believe you need an expired passport to get another I-551 stamp. They can put that on paper for you at the appointment. Although I was a USC from birth and whenever I applied for a job and completed the I-9, I always used my US Passport as identification.

Make the appointment and when you get there just simply tell them that the extension is expiring and you would like to get an I-551 stamp to prove your continuing status.

Even if you don't need it for work, it is nice to have it if something happens and you are asked by say the authorities to prove your status.

BTW wonder what CF1 stands for conditions F_____ 1? Guess I would have to look it up.

It doesn't matter when you entered the US all that matters is that date you became a US Conditional Resident.
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Old Mar 22nd 2018, 7:56 pm
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Default Re: Removal of conditions & work authorisation

OP is making an error commonly made by both employers and non-citizens. When it comes to lawful permant residents (LPR's), the status need only be confirmed at time of hire. Note that conditional residence falls within the definition of LPR. The fact that proof of LPR expires does not change the requirement that the I-9 need only be completed at time of hire and need not be renewed.

BTW, a driver's license and unrestricted social security card is sufficient proof of employment authorization. In fact, the employer is not allowed to determine which documentation they will accept.

It should be noted that an employer can be sanctioned for requiring more than the law requires.
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Old Mar 23rd 2018, 1:03 am
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Default Re: Removal of conditions & work authorisation

Thank you for reiterating what was previously posted by Noorah101
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Old Mar 24th 2018, 12:59 am
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Default Re: Removal of conditions & work authorisation

Thank you Rene, Rete & S Folinsky, that's put my mind at rest.

I'll get my passport renewal underway and if it looks like it should be with me comfortably before May 30th, I'll delay the Infopass appointment until I have it. If not, then I'll go for the Infopass appointment without it and see what happens.

By the way, is there any cost associated with an Infopass appointment? Do I need to take anything with me?
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Old Mar 24th 2018, 1:00 am
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Default Re: Removal of conditions & work authorisation

Originally Posted by technolog
Thank you Rene, Rete & S Folinsky, that's put my mind at rest.

I'll get my passport renewal underway and if it looks like it should be with me comfortably before May 30th, I'll delay the Infopass appointment until I have it. If not, then I'll go for the Infopass appointment without it and see what happens.

By the way, is there any cost associated with an Infopass appointment? Do I need to take anything with me?
There is no cost. Take all documents relating to your inquiry, and a photo ID to get in the building.

Rene
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Old Apr 20th 2018, 1:40 am
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Default Re: Removal of conditions & work authorisation

I had my Infopass appointment today. It was really straightforward and I was seen by a very helpful and friendly man. I was a little taken aback that they retained and cut the corner off of my green card but I suppose it makes sense as it's expired. I now have a temporary I-551 stamp in my brand new British passport and I'm good for another year. He told me that I-751 adjudications were currently running at 17 to 19 months. I'm not sure how much credence I should give that but, if true it would mean I should be receiving my 10-year green card around August to October after filing last March ('17).

Does this mean, by the letter of the rules, that I should now carry my British passport with me, in place of my green card?
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Old Apr 20th 2018, 9:55 am
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Default Re: Removal of conditions & work authorisation

Originally Posted by technolog
I had my Infopass appointment today. It was really straightforward and I was seen by a very helpful and friendly man. I was a little taken aback that they retained and cut the corner off of my green card but I suppose it makes sense as it's expired. I now have a temporary I-551 stamp in my brand new British passport and I'm good for another year. He told me that I-751 adjudications were currently running at 17 to 19 months. I'm not sure how much credence I should give that but, if true it would mean I should be receiving my 10-year green card around August to October after filing last March ('17).

Does this mean, by the letter of the rules, that I should now carry my British passport with me, in place of my green card?
I think by the rules you should carry both.
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