Folinskyinla

Hi:

Point well taken. But note how I worded it -- I didn't say the clerk lied -- just that he had the right to do so and there would be nothing you could do about it.

The Supremes in Schweiker v. Hansen held that the government could not be "estopped" when a clerk gives out bad information, the "customer" relies on it, and there is no "affirmative misconduct." The question then becomes, what IF there is "affirmative misconduct?" The Supremes have never ruled on that and the case law is pretty mixed -- usually the courts sidestep the question by ruling that there was no affirmative misconduct.

However, until decided, it is better to assume that they have the right to lie to you,

jeffreyhy

Penquin,

Sort of like newsgroup posters?

Regards, JEff
just couldn't resist an opening like that :-)

Mellowee

Thank you all for your comments and advice. I appreciate it.

I had initially went to Edison, NJ which is closest to me and they told me
they don't do foreign citizens there, so I had to drive half hour to
Eatontown only to be turned away. The receptionist there told me that I
"should" get a Notice of Action from the office even though I insisted that
my form letter will be the only thing the local Newark office will send me.
He told me to call the 1800-number stated on the I-797 form and try. I
didn't contact anyone else yet as I've been kindda down on this and wanted
to have nothing to do with this frustrating issue for a while. I mean, I had
to walk in this cold weather for half hour the other day so I could get my
husband's Xmas gifts!


"Folinskyinla" <member4043@british_expats.com> wrote in message
news:[email protected]...
    > Originally posted by Mellowee
    > > Hi all,
    > >
    > > I got here in July on a K1 visa, and married in Sept. I have already
    > > applied for SSN, EAD and AOS so now it's just waiting.
    > > Meanwhile, I WAS
    > > trying to get my other stuff together so me and my husband drove to
    > > Eatontown, NJ to register for a driver's permit or something (the
    > > one which
    > > I have to get in order to take the written and eye tests? forgot
    > > what it's
    > > called), and to my dismay, they told me since my K1 status as on my
    > > passport
    > > expired in October 21, I'm unable to register till I have my work
    > > permit, or
    > > an Notice of Action from BCIS for my AOS. I pulled out this form
    > > letter that
    > > the local Newark BCIS office sent me, and he said, no no no, it
    > > comes in
    > > green and has the form number 1-797 Notice of Action printed on
    > > it. How do
    > > I get this freaking form?!?!?! Newark has already sent me their
    > > "NOA" and I
    > > doubt that they will send me another one. Anybody has any idea or
    > > been
    > > through this, can you please advice?
    > >
    > > Sorry to have ranted, but sometimes this country really
    > > exasperates me.
    > > Sigh.
    > Hi:
    > I join in the sigh. Its been a running problem we've had with
    > California DMV -- they don't know immigration law and procedure.
    > The I-797 is the "Notice of Action" everybody talks about and it is NOT
    > issued by your local districts!
    > You don't say -- but how many people did you talk to at the DMV? Just
    > the front line person? Did you ask to see their supervisor? After
    > that, did you contact your local state assembly person office?
    > --
    > Certified Specialist
    > Immigration &amp; Nat. Law
    > Cal. Bar Board of Legal Specialization
    > Posted via http://britishexpats.com

sphyrapicus

I went to get my SSN card updated this afternoon so it didn't say "not valid without INS authorization". I gave the woman at the counter at SSA my NOA extending my conditional permanent resident card for a year but she said that my green card had expired and that she could not accept the NOA as proof that I was a lawful permanent resident. She then read the NOA where it says that I should hear in 120 days about my I-751 petition and said that I should have heard by now since it has been 8 months (not knowing that TSC is only processing Jan 7/03 right now). After about 1/2 an hour of haggling with her about how you get a NOA when you have petitioned for removal of conditions on permanent resident status yada yada yada she finally (and I must say very reluctantly) keyed in my request for a new card without the INS caveat. Another example of a clueless bureaucrat who thinks they know the way USCIS works. But, then again, I guess none of us really know how USCIS works!