corneydavid

Short version:

Due to the nature of my work, I need to show I am a permanent resident. My already extended 'green card' expires in November, 2017. Based on the information I have my replacement card won't be with me until Feb., 2018. I need to visit my local USCIS office (Austin) and, at the very least, get an I-551 stamp in my passport. The problem for me, is I travel a lot. Taking a couple of hours off work, to pay the USCIS a visit is impossible.

Question: Is a Power of Attorney allowed to visit my 'local' USCIS office on my behalf, and get my passport stamped? I will provide this POA with all the paperwork (Passport, green card, receipts, etc.).

Longer Version:

1) I filed to renew my 'Green Card' in February 2017.
2) At my bio-metrics appointment, a stamp/sticker was placed on the back of my card extending it's validity from April to November, 2017.
3) The processing time for Form I-90 at the Potomac center is Oct. 21, 2016 (as of 18, Oct, 2017).
4) By my calculations, my replacement card won't be with me until February, 2018. A whole year to get a replacement card.
5) I work at companies that require I present proof of right to work. An expired green card will not suffice.
6) Lesson learned; file for your replacement green card as soon as you can. It looks like you will be waiting a year for the replacement.

Any help appreciated. Thanks!

Noorah101

I don't know for sure, but I'm going to say no, just to be on the safe side. For something as important as this, I think a couple of hours of work is worthwhile.

Rene

corneydavid

I can't take a couple of hours off work. My work takes me away from home for a whole week. Unless I can get an appointment in a week that I am home, I will not have to work for a week. Getting an InfoPass appointment at the Austin office is very difficult.

The good news is I may have a solution; Form G-28. It lets you nominate an attorney, or accredited representative to attend the InfoPass appointment on your behalf. This may well work.

Thanks for responding.

Noorah101

There you go, glad there is a solution that may work.

Rene

S Folinsky

There is a difference between an attorney-in-fact and an attorney-at-law. The G-28 is used in the situation of representation by an attorney-at-law. The immigration regulations allow a limited extension beyond licensed attorneys to act as authorized representatives. But this extension is not the same as an appointment of an attorney-in-fact.

corneydavid

The G-28 instructions refer to § Sec. 292.1 Representation of others. If my interpretation of sub-section 3 is correct, my girlfriend should be able to represent me. She is reputable, of good moral character, and won't be getting paid.

Under the circumstances, and if required, it is worth paying an attorney to represent me. Better than losing a week of work. The joys of being self-employed.

corneydavid

As a follow up to my previous post. I reread the instructions and subsection 3 does not apply in the instance. The applicable section is in fact 292.1(a)(4), which specifies an accredited person. Girlfriends do not count as accredited, unfortunately.

I will be contacting an attorney. Thanks to all who responded.

Rete

Why is it so difficult to get an appointment at the Austin office of USCIS? You know the weeks you are not working and the weeks you are, so schedule the appointment for the week you are not working. Or just do without the I-551 and not work until you get the new green card. Assuming your green card is good for 10 years, why have you not filed for naturalization so this would never again be a problem.

BTW I see that you asked questions about your wife attending the naturalization interview with your wife back in December 2007. So either you failed the naturalization test or never followed through with the process. I'm also sorry to see that you are no longer married.

Rete

Just to satisfy my own curiosity, I attempted to make an appointment at the Austin USCIS application center. They only allow you to make an appointment for the upcoming 14 days. I can't see why there is an issue with you attempting each morning and evening to make an appointment. Also your employer does not need to see your green card as you are a permanent resident and remain so until either you relinquish the status/card or you are deported and the card/status taken from you. Perhaps you might want to print out the law for the HR department who obviously does not understand immigration law.

corneydavid

1) Why is it so difficult to get an appointment at the Austin office of USCIS?

My assumption is that it is a very busy office. Every time I go to the USCIS web site and attempt to find an InfoPass appointment there are none available. I am happy to go to another office, where there are appointments, but I am told I need to go to my local office.

2) You know the weeks you are not working and the weeks you are, so schedule the appointment for the week you are not working.

Unfortunately my work schedule is not fixed. Being self-employed I am in the habit of taking work when it is offered. I know I will be home the week of Thanksgiving. I hope I can get an appointment slot that week. Also note that the USCIS web site only allows appointments to be scheduled 2 weeks in advance.

The alternative is to hire an attorney to visit the office on my behalf. It will be worth the cost.

3) Or just do without the I-551 and not work until you get the new green card.

I wish that was an option. Not sure the companies that want me to pay my bills every month would be happy. Also consider that it will be 3 months without an I-551, and that is being optimistic.

4) Assuming your green card is good for 10 years, why have you not filed for naturalization so this would never again be a problem.

Agreed. I could have, but I chose not to. In mitigation, I had no indication it was going to take 12 months to get a replacement card.

Rete

If you are self-employed, the companies that contract with you to do a job for them, do not know what your immigration status is in the US. You do not complete an I-9 with them and advise them of what your immigration status even if you did. You have full legal permanent residency status in the US and you should have a social security card without the "need USCIS work authorization" legend.

corneydavid

Be assured, I have been trying to schedule an appointment morning, noon and night, as has everyone else (apparently). If I could go to an office in one of the border cities (Texas/Mexico) there are plenty of open slots, but I am told I have to go to my local office.

As for my employer, I am self-employed. My HR department (me) knows I am allowed to work. The issue is proving to the companies who hire me that I am authorized to work. They want a valid I-551.

corneydavid

There are certain 'companies' that are very strict about who they hire, and allow onto their facilities. They check everyone's status, including natural born citizens. If you are not a citizen, or permanent resident you won't be getting passed the main entrance.

Rete

Okay. I was trying to be helpful but apparently, whatever it is you do for a living is of the nature that you don't contract a job and bill the company for services rendered.

Good luck with your attempt to obtain a new I-551 stamp. Good night.

corneydavid

And appreciate the suggestions.

My reality is that I visit establishments where they want to see a valid proof of authorization to work, and immigration status. A valid green card/I-551 satisfies that requirement.

If I could take a couple of hours off work it would not be a problem, but that is not an option for me.

Good night