Lost My Job Because of the Coronavirus Before AOS Interview

[Ninja Joe 1]

I had a good job as a computer engineer but my company laid off 90% of its workforce on March 27th. Sales had dropped to 10% because of COVID-19 and they had no choice. I was laid off, losing my company-provided medical coverage not only for myself, but for my wife and 5 month-old daughter as well.

 

In the adjustment of status interview, they require an employment verification letter. What are we going to do now? Clearly, the only reason I and thousands of others have lost employment was because of this pandemic. I'm currently on unemployment benefits and it's our only source of income.

 

Is the USCIS going to reject our AOS application in the interview because I lost my job due to the Coronavirus? That would be unfair, right? Otherwise, our application is air tight and crystal clean. If it wasn't because of this outbreak, I would still be employed.

[payxibka 10,044]

31 minutes ago, Ninja Joe said:

I had a good job as a computer engineer but my company laid off 90% of its workforce on March 27th. Sales had dropped to 10% because of COVID-19 and they had no choice. I was laid off, losing my company-provided medical coverage not only for myself, but for my wife and 5 month-old daughter as well.

 

In the adjustment of status interview, they require an employment verification letter. What are we going to do now? Clearly, the only reason I and thousands of others have lost employment was because of this pandemic. I'm currently on unemployment benefits and it's our only source of income.

 

Is the USCIS going to reject our AOS application in the interview because I lost my job due to the Coronavirus? That would be unfair, right? Otherwise, our application is air tight and crystal clean. If it wasn't because of this outbreak, I would still be employed.

Where is indicated an employment verification letter a required element?  I supplied nothing close to this kind of item

[designguy 1,179]

There is no provision in the law that makes accommodations for pandemics like this. You will probably need to find a joint sponsor if your current income no longer meets the requirements

[Boiler 43,433]

There is no requirement to have a job, just focus on how you will meet the I 864 requirements.

[Ninja Joe 1]

29 minutes ago, payxibka said:

Where is indicated an employment verification letter a required element?  I supplied nothing close to this kind of item

Please see the attached scan of the Notice of Action 1: AoS In-person interview. Underlined in red, it states we must bring a letter of employment for our in-person interview.

[payxibka 10,044]

1 minute ago, Ninja Joe said:

Please see the attached scan of the Notice of Action 1: AoS In-person interview. Underlined in red, it states we must bring a letter of employment for our in-person interview.

Then I guess I  need to send my wife's green card back as they must have adjudicated in error 

[designguy 1,179]

1 minute ago, Ninja Joe said:

Please see the attached scan of the Notice of Action 1: AoS In-person interview. Underlined in red, it states we must bring a letter of employment for our in-person interview.

“Current” which you don’t have. So in order to meet the requirements you will need a joint sponsor 

[Boiler 43,433]

Just now, designguy said:

“Current” which you don’t have. So in order to meet the requirements you will need a joint sponsor 

I used assets, so I guess mine was issued in error.

[geowrian 22,335]

1 hour ago, Ninja Joe said:

Is the USCIS going to reject our AOS application in the interview because I lost my job due to the Coronavirus? That would be unfair, right?

Unfair or not, the issue of becoming a possible public charge remains.

 

Technically, a new I-864 and/or supporting documents are not required. But the IO can request them if they believe there has been a change in circumstances. It would not be unreasonable for them to ask about employment given the circumstances.

If they do, you would have to produce a new, satisfactory I-864 + supporting evidence. This would be based on whatever your current income and/or assets are, not what they were at the time of filing.

A joint sponsor is one way to address the issue if you do not have suitable income or assets at the time of the rescheduled interview.

[Ninja Joe 1]

3 minutes ago, geowrian said:

Unfair or not, the issue of becoming a possible public charge remains.

 

Technically, a new I-864 and/or supporting documents are not required. But the IO can request them if they believe there has been a change in circumstances. It would not be unreasonable for them to ask about employment given the circumstances.

If they do, you would have to produce a new, satisfactory I-864 + supporting evidence. This would be based on whatever your current income and/or assets are, not what they were at the time of filing.

A joint sponsor is one way to address the issue if you do not have suitable income or assets at the time of the rescheduled interview.

So my wife would need to take a new I-864 form with our sponsor's info to the in-person interview? Only in the case that the interview officer asks? Because back when I first submitted the I-864, I included an employment verification letter from my job. I would still be at my company if not for this unprecedented outbreak. I do have a family member in mind that would sponsor us, but hopefully it doesn't come up in the interview as others have experienced.

[geowrian 22,335]

3 minutes ago, Ninja Joe said:

So my wife would need to take a new I-864 form with our sponsor's info to the in-person interview? Only in the case that the interview officer asks? Because back when I first submitted the I-864, I included an employment verification letter from my job. I would still be at my company if not for this unprecedented outbreak. I do have a family member in mind that would sponsor us, but hopefully it doesn't come up in the interview as others have experienced.

My suggestion would be to have a new I-864 ready to submit in case they ask. If they don't ask, no problem. If they do, you would be prepared. Otherwise they would issue an RFE for one after the interview.

[Boiler 43,433]

1 minute ago, geowrian said:

My suggestion would be to have a new I-864 ready to submit in case they ask. If they don't ask, no problem. If they do, you would be prepared. Otherwise they would issue an RFE for one after the interview.

Agree, it was certainly asked about at my interview, I have seen a few say they were not but not sure how common that is.

[Ninja Joe 1]

1 minute ago, geowrian said:

My suggestion would be to have a new I-864 ready to submit in case they ask. If they don't ask, no problem. If they do, you would be prepared. Otherwise they would issue an RFE for one after the interview.

Good advice. Thank you so much.

[purem4g1c 113]

how can you even get a letter from employer during coronavirus most people employed are working from home making it impossible to get anything signed..?

[geowrian 22,335]

2 minutes ago, purem4g1c said:

how can you even get a letter from employer during coronavirus most people employed are working from home making it impossible to get anything signed..?

Mail and email still function.