Question about employement after i751 denial

[tina21France 0]

hi folks, my name is Tina and my i751 application was recently denied because of my divorce to my ex husband. i couldn't provide divorce decree on time because of covid delays.

 

when my divorce became final, i sent a new i751 based on good marriage and i just completed my biometrics. at this point it is just pending.

 

my denial letter said that uscis terminated my status including work and travel authorization. i am very confused about this because my attorney said i'm allowed to work even if uscis terminates my status. but online lawyer sites(like avvo) says i am no longer authorized to work. i listened to my lawyer and kept working at my current job.

 

my questions:

1 - i had a stamp on my passport before the denial. is that stamp also cancelled? do i need a new stamp? i got this stamp BEFORE i751 denial.

2 - i just had an offer from a company. they want me to submit w9 and check e-verify. is this going to be a problem? will this trigger anything with uscis? if i quit my current job and take this new job, will uscis tell them to not hire me?

 

i don't want to do anything illegal without knowing so i will appreciate any help you can provide.

Thanks. 

Tina

[da95826 387]

Once you filed a new i751 with a divorce waver you remain a LPR so your status did not change. Your new receipt notice with your passport stamp should provide proof of your continued LPR status. 

 

Unless a judge has terminated your LPR, the LPR remains after the denal you always retained your LPR status. 

 

It becomes a question of proof of your LPR status, my guess your new extension letter may not be useful itself if you conditional green card expired more than 18 months ago so a stamp in your passport is needed. Since you have a stamp with a valid i751 petition along with the receipt notice of your latest i751 filing that should provide proof of your continued LPR status. If you plan to travel out if the USA you may wish confirm this with USCIS.

[mindthegap 2,590]

On 8/27/2020 at 1:10 PM, tina21France said:

my denial letter said that uscis terminated my status including work and travel authorization. i am very confused about this because my attorney said i'm allowed to work even if uscis terminates my status. but online lawyer sites(like avvo) says i am no longer authorized to work. i listened to my lawyer and kept working at my current job.

The denial letter is not lawfully accurate. As much as USCIS would love it to be, it isn't. You remain a LPR until a final order of removal is made - which can ONLY be done by an immigration judge - at which point you are no longer a LPR. 

You remain a LPR, and are authorized to work and travel.

 

Not all lawyers are created equal.

 

 

On 8/27/2020 at 1:10 PM, tina21France said:

my questions:

1 - i had a stamp on my passport before the denial. is that stamp also cancelled? do i need a new stamp? i got this stamp BEFORE i751 denial.

 

Technically no, but will may cause issues if you rely on it.

Await the receipt from your fresh I-751, and immediately make an infopass for a passport stamp.  You may have to stretch the truth to get an appointment right now as they are being muppets - imminent emergency travel should do it. 

This stamp will be annotated 'TC-1' indicating spouse of a US citizen denial/reopened, and it will have your A# on, and your NEW receipt number from the new I-751.

 

 

On 8/27/2020 at 1:10 PM, tina21France said:

 

2 - i just had an offer from a company. they want me to submit w9 and check e-verify. is this going to be a problem? 

W-9? No. 

You will also have to do I-9 - which verifies employment authorization.

Do you have a license, and is you SS card free from stamps/annotations about status? If so, great and provide those two documents when asked to for I-9 purposes. as it is sufficient for I-9, and the employer does NOT get to choose which documents an employee provides. 

If your SS card is annotated, then provide your license, passport page, and new passport stamp once you have it (or current one if this is an immediate sorta thing).

There are very strict laws regarding employer I-9 verification and they can be in trouble if they fail to adhere to them. Most HR people have no clue about immigration status, stamps, I-551s and what not when it comes to non US citizens, and most people on here do. 

 

On 8/27/2020 at 1:10 PM, tina21France said:

will this trigger anything with uscis? if i quit my current job and take this new job, will uscis tell them to not hire me?

No, and no.

 

 

sources: my personal experience of a denial, refile, and countless stamps. 

 

Edited August 29, 2020 by mindthegap

[tina21France 0]

On 8/29/2020 at 5:28 PM, mindthegap said:

The denial letter is not lawfully accurate. As much as USCIS would love it to be, it isn't. You remain a LPR until a final order of removal is made - which can ONLY be done by an immigration judge - at which point you are no longer a LPR. 

You remain a LPR, and are authorized to work and travel.

 

Not all lawyers are created equal.

 

 

 

Technically no, but will may cause issues if you rely on it.

Await the receipt from your fresh I-751, and immediately make an infopass for a passport stamp.  You may have to stretch the truth to get an appointment right now as they are being muppets - imminent emergency travel should do it. 

This stamp will be annotated 'TC-1' indicating spouse of a US citizen denial/reopened, and it will have your A# on, and your NEW receipt number from the new I-751.

 

 

W-9? No. 

You will also have to do I-9 - which verifies employment authorization.

Do you have a license, and is you SS card free from stamps/annotations about status? If so, great and provide those two documents when asked to for I-9 purposes. as it is sufficient for I-9, and the employer does NOT get to choose which documents an employee provides. 

If your SS card is annotated, then provide your license, passport page, and new passport stamp once you have it (or current one if this is an immediate sorta thing).

There are very strict laws regarding employer I-9 verification and they can be in trouble if they fail to adhere to them. Most HR people have no clue about immigration status, stamps, I-551s and what not when it comes to non US citizens, and most people on here do. 

 

No, and no.

 

 

sources: my personal experience of a denial, refile, and countless stamps. 

 

thanks a lot for detailed answer. just a follow up:

a- My first and current stamp will expire in December 2020. Can I get a new one as soon as this month? Will they give me a new stamp if I go there in September?

 

b - I have a SS card that says nothing about immigration or work authorization and also a driver license for next 5 years. My only concern was that, if i submit this new i9 and w9, will it cause/trigger anything that can make me lose my current fulltime job? i work for a large corporate company and nothing came up from them since my i751 denial. I am worried that USCIS may notify them or i don't know my company runs immigration work authorization checks periodically. 

 

i was told once that i can work with stamp, but not sure if denial also terminated the stamp.

 

THANK YOU MINDTHEGAP

 

 

 

 

 

[mindthegap 2,590]

8 hours ago, tina21France said:

a- My first and current stamp will expire in December 2020. Can I get a new one as soon as this month? Will they give me a new stamp if I go there in September?

Yes. 

Some idiot initially tried to tell me the same thing when I filed the second I-751 after denial in the form of 'oh that stamp should still work as it is valid for another six months'.

I'd rather have a fresh one with the correct (new) receipt number on to avoid any ambiguity whatsoever.

They will put a line through the old one and usually CWOP (cancelled without prejudice) - I've lost I think 8 passport pages to these flipping stamps now...

When you call and speak to the tier 2 muppets just say you need a stamp for imminent emergency travel.

 

8 hours ago, tina21France said:

b - I have a SS card that says nothing about immigration or work authorization and also a driver license for next 5 years.

Good. Sufficient for I-9 then. 

See list from page 3 here:

 

 

8 hours ago, tina21France said:

if i submit this new i9 and w9, will it cause/trigger anything that can make me lose my current fulltime job? i work for a large corporate company and nothing came up from them since my i751 denial.

No.

 

8 hours ago, tina21France said:

I am worried that USCIS may notify them or i don't know my company runs immigration work authorization checks periodically. 

As previous, there are fairly strict rules regarding I-9.

"Anti-Discrimination notice: It is illegal to discriminate against work authorized individuals. Employers CANNOT specify which document(s) an employee may present to establish employment authorization and identity. The refusal to hire or continue to employ an individual because the documentation has a future expiration date may also constitute illegal discrimination."

 

Also, bear in mind that the employer is only permitted to reverify upon expiry of provided documents, and this does not apply to all documents (such as an I-551). If they are re-verifying randomly and not just upon expiry of documents, they may be running afoul of the law. But then many HR depts are clueless about this. 

 

8 hours ago, tina21France said:

i was told once that i can work with stamp, but not sure if denial also terminated the stamp.

Stamp/card is proof of status, not the status itself. 

Remember this.

 

 

Edited August 31, 2020 by mindthegap

[tina21France 0]

thanks a lot @mindthegap and other.

just final questions:

 

my i751 was denied and normally i was supposed to apply for n400.

when will i be able to file n400 again? because my status is terminated according to uscis, and i can't meet 3-year rule because of divorce, does my 5-year period start when my new i751 gets approved?

i got my first conditional green card in 2017 and i751 was denied last month. 

 

can i still send a new n400 5 years after my first conditional residency date which is 2017? 

[mindthegap 2,590]

7 hours ago, tina21France said:

can i still send a new n400 5 years after my first conditional residency date which is 2017? 

100% yes.

 

Don’t have the link to hand but this has been confirmed in court.