CRI89 - I-751 Success! 10 year green card and approval notice on the way!
 

I received some good news - and realized I hadn't been on to post for 2 years! Wow how time flies by when you're having fun. I thought some would like to read of my timeline and experience. To save you a long read in case you're looking for particular experiences... my circumstance is not unusual, has no special circumstances or problems, no need for a lawyer, paperwork got sent off in time, etc. Used the Vermont Service Center. And forgive me if I'm slightly off with dates - it's late here:)

I left good ol' Britain and entered on a K-1 in late March 2005, married in early June 2005, then adjusted status to CPR. Got a job in May 2006, had a couple kids, bought a house, etc. In October 2007 (I think..) I sent in my I-751 petition to remove conditions.

In May 2008 I had to provide once more an I-9 and show supporting evidence of eligibility to work to the HR dept of my employer. They had 'lost' my previously provided proof. At this point I had been working here 3 years.

So I presented them with I-9 paperwork again and included my 2 year 'green' card (I-797) and the receipt from USCIS extending it for 1 year.

Within a week, HR got back to me to remind me that "while doing an I-9 audit" they "noticed that your Permanent Resident Card (I-797) Expires on 10/18/08" and "Please be aware that you need to renew this in order to keep your employment here."
I duly checked the USCIS processing times for I-751's and saw they were working on April 2007 cases. Not good, considering I have 5 months of employment eligibility left according to my employer, and that it could take 6 months to get to my case.

I called USCIS to express my concern, but the lady who I spoke to didn't seem to understand or care what I was explaining to her. Then she reminded me of the infopass appt I could make. But that I shouldn't make it too soon because they wouldn't do anything to help me extend my work eligibility. I asked how long it takes to get an appt and she couldn't answer that either.

I was getting read for making that appt this September until I received this email on Aug 26 2008 at 5:00PM(I'm signed up to receive case statuses online)... Actually I got it twice for some reason.
Followed by this email on Sep 1 2008 at 5:15 AM
I've not yet received the mail (because of the labor day weekend)

Interesting that my card was ordered for production a few days before the approval notice was sent. I was also surprised to receive the notice today (Labor day), even from an automated system.

I checked the website just now and saw they are processing I-751's with the timeframe as Oct 21 2007, which is consistent with when I submitted it last year.

Needless to say I'm very excited and relieved. I'm the sole breadwinner for my wife, 3 kids (the youngest is almost 4 months old), and have a mortgage - no way do I want to lacking authorization to work! :)

I'm now able to brief a huge sigh of relief. Once I have my card in hand, the only things left for me to do are to register my two biological children as British citizens, and find out what to do to get my wife and her son the ability to live in Britain (we may want to move there in the future). Oh... and also figure out how to remember to reapply for a new card in 10 years when my new one (which I don't yet have) expires. Suggestions? :)

Best wishes!

Smaug

Re: CRI89 - I-751 Success! 10 year green card and approval notice on the way!
 

Congratulations.

A few things:

The order to manufacture your new green card is done by computer and the NOA is done by snail mail. So that's the discrepancy.

You should have gone to your local Social Security Office had the legend removed from your social security asa you became a CPR and then you would not have to complete a new I-9 and show a green card. You were never, repeat NEVER, without authorization to work. Become a US Citizen and you won't have to worry about filing an I-90 in ten years. And remember that even if you forget, you are still a LPR regardless of the fact that your card expires. It expires not your status.

And go get the legend taken off your social security card/

Re: CRI89 - I-751 Success! 10 year green card and approval notice on the way!
 

Oh wow, I never knew that it was a possibility to have the legend removed! Now I can't wait to get that removed... I'd much rather be able to get HR off my back permanently. Thank you Rete! As for becoming a US Citizen - I'm likely to do that but I need to take a breather and do a little more research into whether there are any drawbacks in doing so.

I was a little annoyed that HR lost our I-9's (during a transfer from one office to another I guess...) There were several people affected by that. I wasn't sure whether they had the right to ask me for a second I-9, but then I also wasn't sure whether I had the right to continue working for failure to provide one! :)

Re: CRI89 - I-751 Success! 10 year green card and approval notice on the way!
 

There are pros and cons to citizenship. Have a go at the wiki above and look up US natualization. Lots of good info on there.

Re: CRI89 - I-751 Success! 10 year green card and approval notice on the way!
 

Here's the coversheet that I included.. I've removed some names to protect the innocent! :)

Disclaimer: I'm not saying all of these are required, it's just what I personally sent.

I-751 Cover Sheet
Alien: --Smaug--
Alien #: Axxxxxxxx

Contents of I-751 Petition to Remove Conditions on Residence

A. Required payment: Check for petition.
B. Required payment: Check for biometrics.
C. Required document: 6 pages of I-751 petition.
D. Required document: Photocopy of front and back of Permanent Resident Card.
E. Evidence: Resident Income Tax Return for 2006 – Filed Jointly (IT-201)
F. Evidence: NY State Summary of Federal Form W-2 Statements for 2006 – Filed Jointly (IT-2)
G. Evidence: Birth Certificate for --son's name-- (born 7/2006).
H. Evidence: Marriage Registration.
I. Evidence: Joint house insurance.
J. Evidence: Savings account showing joint financial assets over 2 year period.
K. Evidence: Employee benefits showing dependants (Wife and our two children).
L. Evidence: Joint ownership of a car.
M. Evidence: Letter from attorney regarding deed to house.
N. Evidence: Deed to house.
O. Evidence: Settlement Statement for house purchase.
P. Evidence: Mortgage document.
Q. Evidence: Affidavits from --wife's friend-- and --wife's mother--.
R. Evidence: Photographs of:
a. --Wife-- and --myself-- at the American Museum of Natural History (vacation in August 2007).
b. Family at JFK airport at the end of Smaug's parents visit.
c. Family in the back garden at our new house.

Re: CRI89 - I-751 Success! 10 year green card and approval notice on the way!
 

Thanks for the tip!

Here's something interesting that I found..
http://www.usdoj.gov/crt/osc/htm/facts.htm

I'm not sure if in this context my current/prior *Conditional* status has any bearing, but do the above statements taken from that link support that my employer should *not* be asking for any more future evidence?

Re: CRI89 - I-751 Success! 10 year green card and approval notice on the way!
 

Have you really been gone that long? Welcome back. :)

You've hit on one of my pet peeves; your employer absolutely should not reverify your status if you presented a Green Card for your original I-9.

You can run an advanced search, returns by post, under my name + 'reverify' and you will get an armload of documents to back up your claim. Including the one that specifically says 'conditional' residents are PRs nonetheless.

Let me know if you don't find what you want.

Re: CRI89 - I-751 Success! 10 year green card and approval notice on the way!
 

I thought about going to battle over it, but unfortunately my employer also pays my bills at the end of the day - so I'd rather stay out of the spotlight for when it comes to deciding whether they want to keep me or not. I'll definitely look over your previous posts - I've been trying to find without-a-doubt-definitive-absolute-clear-as-crystal information on the subject.

I did present my GC for the I-9, but I also probably made the mistake of showing my I-797 (I think that's the right number - the receipt for submitting I-751 for AOS from CPR to PR) which gave me the extra year. So they recorded the date of my card expiry plus 365 days as being when I needed to show them some other document.

I took Rete's advice today and spent 30 minutes in that joyous establishment known as the Social Security Office. The lady sounded surprised for some reason when I was asking her to perform a correction, but was quickly settled when I explained that I was a PR seeking to remove the legend on my SS card. I handed her a completed SS-5, Passport, my newly arrived 10 year I-551 GC and my original SS card. She spent 5 minutes or so taping away at her computer while my 2 year old amused her through the warm and friendly glass. Then she had me sign a document, kept my original SS card and gave me a receipt letter. She said my new card should arrive in around two weeks.

I'll be knocking on HR's door as soon as I have that, and as soon as I've read over a few of your posts :)

Thanks!

Re: CRI89 - I-751 Success! 10 year green card and approval notice on the way!
 

I realized that search isn't really specific enough anymore.. sorry if you've been reading some boring stuff!

OK, tip for future folk--- a little birdy told me that you probably shouldn't surrender your old SS card, which is simple if 'your dog ate it'. Or you left it at home. Or it's in your storage unit. Or something. That's only if you're paranoid. ;)

You won't need to show that new SS card to HR. Unless you want to simply complete a new I-9 (download at uscis.gov) and submit it with your new no-legend SS card AND your state driver's license. They can NOT tell you which documents to show to prove your employment authorization.

This will be more of a good will mission.. I know you are going to show them your new Green Card, and it's good to keep the peace. But they should know, because this is hardly a hidden regulation and IMO, if you work in "HR" you have made it your career to know this stuff and if you want to earn your keep you should know it.
So, present it as you like; I'd offer it in a friendly 'hey, betcha didn't know this, though you might like to" sort of way.

Oops, did I say that? :ohmy:

What USCIS says:
http://tinyurl.com/ygvvfz
"“GREEN CARDS”
The terms Resident Alien Card, Permanent Resident Card, Alien Registration Receipt Card, and Form I-551 all refer to documentation issued to an alien who has been granted permanent residence in the U.S.. Once granted, this status is permanent. However, the document that an alien carries as proof of this status may expire. Starting with the “pink” version of the Resident Alien Card (the “white” version does not bear an expiration date), and including the new technology Permanent Resident Cards, these documents are valid for either two years (conditional residents) or ten years (permanent residents). When these cards expire, the alien cardholders must obtain new cards. An expired card cannot be used to satisfy Form I-9 requirements for new employment. Expiration dates do not affect current employment, since employers are neither required nor permitted to re-verify the employment authorization of aliens who have presented one of these cards to satisfy I-9 requirements (this is true for conditional residents as well as permanent residents). Note: Even if unexpired, “green cards” must appear genuine and establish identity of the cardholder."

Info for employers:



The Handbook for Employers -Instructions for Completing the Form I-9
(Employment Eligibility Verification Form) says:

NOTE: You should not reverify an expired U.S. passport or an Alien Registration Receipt Card/Permanent Resident Card, Form I-551, or a List B document that has expired

Further it also says:

Employers should NOT:

5. Reverify the employment eligibility of a lawful permanent resident (“LPR”) whose “green card” has expired after the LPR is hired.

Just for fun, you could email this link to them. :)


I don't think you need the contacts for who to complain to, but they're in there if you do. :)

Re: CRI89 - I-751 Success! 10 year green card and approval notice on the way!
 

My new SS card arrived on Saturday - legend free!

Thanks again Rete :)

Re: CRI89 - I-751 Success! 10 year green card and approval notice on the way!
 

Very good ;-)

Smooth sailing from here on in in the employment arena for you.