Green card is expired while in the process of citizenship

[misook 0]

Hello. I'm having trouble to get an i-551 stamp for work authorization, and I need some advice or opinion to resolve this issue. 

To briefly explain my situation... 

 

My green card is expired while in the process of citizenship. I applied the US citizenship this January, and my green card was expired this September. I'm currently unemployed and looking for a job. I had an interview and ended up coming down to final candidate, but I got rejected because of my green card issue. The HR said that they could not offer me a job because my green card was expired.  I called to uscis office several times  and explained my situation, but what they said is if it is not urgent situation, they can not give me i-551 stamp. They asked me if I got a job offer because they need it for the process.  This makes me frustrating because the HR checked my status BEFORE they offer me a job. 

 

After several calls with uscis, they put me on the waiting queue and told me that the uscis officer will call me back within 5 days, but I'm still waiting for the callback.  I informed uscis that I have not received the callback, and they put me on the waiting queue again. What I can do for now is just waiting for the callback from the officer and finger cross to get approved getting i-551 stamp. 

 

With the expired green card,  I can not work anywhere and I can not even get a chance to be hired.  Any advice would be really appreciated. Thank you for reading!

 

 

 

 

 

 

Could you 

[Verrou 1,899]

1 hour ago, misook said:

Hello. I'm having trouble to get an i-551 stamp for work authorization, and I need some advice or opinion to resolve this issue. 

To briefly explain my situation... 

 

My green card is expired while in the process of citizenship. I applied the US citizenship this January, and my green card was expired this September. I'm currently unemployed and looking for a job. I had an interview and ended up coming down to final candidate, but I got rejected because of my green card issue. The HR said that they could not offer me a job because my green card was expired.  I called to uscis office several times  and explained my situation, but what they said is if it is not urgent situation, they can not give me i-551 stamp. They asked me if I got a job offer because they need it for the process.  This makes me frustrating because the HR checked my status BEFORE they offer me a job. 

 

After several calls with uscis, they put me on the waiting queue and told me that the uscis officer will call me back within 5 days, but I'm still waiting for the callback.  I informed uscis that I have not received the callback, and they put me on the waiting queue again. What I can do for now is just waiting for the callback from the officer and finger cross to get approved getting i-551 stamp. 

 

With the expired green card,  I can not work anywhere and I can not even get a chance to be hired.  Any advice would be really appreciated. Thank you for reading!

 

 

 

 

 

 

Could you 

renew ur green card i guess?

[jostermacedo 52]

misook,

 

it's up to you to choose what documents to use when filling the I-9. You don't need the greencard to fulfill the requirements if you have valid Driver License and the Social Security Card with no restrictions, for example. The employer can't ask for specific documents.

Edited October 20, 2020 by jostermacedo

[cosmonauts 125]

36 minutes ago, jostermacedo said:

misook,

 

it's up to you to choose what documents to use when filling the I-9. You don't need the greencard to fulfill the requirements if you have valid Driver License and the Social Security Card with no restrictions, for example. The employer can't ask for specific documents.

I second this, I was just hired in August with a DL and unrestricted SSN. I did not show my GC.

[misook 0]

Thank you so much for all the opinions. I'm going to talk with the HR and try appealing that I can fulfill I-9. 

I will definitely post the result again after calling with uscis officer. Hopefully this time they call me back. 

[jostermacedo 52]

On 10/20/2020 at 1:11 PM, misook said:

Thank you so much for all the opinions. I'm going to talk with the HR and try appealing that I can fulfill I-9. 

I will definitely post the result again after calling with uscis officer. Hopefully this time they call me back. 

BTW, I needed a stamp because mine was expired. I called USCIS and they called me back to schedule an appointment, which was scheduled for tomorrow. So, while you can use DL+SS card to work, try to schedule an appointment again.

[AstroCanada 206]

Yeah, if you have a social security card you're fine.  They don't need to know your immigration status.

[jostermacedo 52]

19 hours ago, AstroCanada said:

Yeah, if you have a social security card you're fine.  They don't need to know your immigration status.

AstroCanada, actually you have to disclose your immigration status on the I-9. There is a section that asks for that. You don't have to give a copy of the green card if you can prove work authorization by showing other documents.

[JFH 12,189]

*~*~*procedural question moved from “progress reports” to “general discussion”*~*~*

[ThaOne 101]

On 10/20/2020 at 11:39 AM, Misscloud said:

renew ur green card i guess?

Well the issue is that his n400 has been filed since January. Filing the green card renewal means waiting for biometrics and then wait for the whole process which will take months and probably would take longer than getting the n400 approval. I think he is asking if there is any solution to fix the situation now. Do you know of any useful route rather than this option? If no, just say NO!

[Verrou 1,899]

19 minutes ago, ThaOne said:

Well the issue is that his n400 has been filed since January. Filing the green card renewal means waiting for biometrics and then wait for the whole process which will take months and probably would take longer than getting the n400 approval. I think he is asking if there is any solution to fix the situation now. Do you know of any useful route rather than this option? If no, just say NO!

No need to be nasty. Just trying to help. The OP doesn’t mind with my answer...just saying 

[ThaOne 101]

9 minutes ago, Misscloud said:

No need to be nasty. Just trying to help. The OP doesn’t mind with my answer...just saying 

Not sure where you got the Nasty part. I am just telling you since you probably missed it, the OP has already filed the n400 since January which is 10 months ago, it is still pending (probably due to COVID) and may or may not be done anytime soon. Filing to renew the GC is a whole new process that may start the countdown to another 10 months. Surely by then the n400 would have been resolved. No your answer wasn't very helpful though. Might as well just recommended the OP to wait for the n400. The OP's question had more to do with: "does anyone know what office I can call, what can I ask for, is there a form a can fill out, is there any document I can show my HR..."Just sayin' Sorry if your irrelevant ego was affected.

Edited October 23, 2020 by ThaOne

[misook 0]

I called uscis again (wating...explaining...wating...again...painful process) and I was able to make an appointment next week. I think they are following some manuals and process to handle quires, but most of the representatives don't consider my situation is not that urgent(I understand, but it's important to me .... sad).  I finally got a callback from the uscis officer and I was preparing to appeal my situation, but he did not ask anything. He just checked my reason for getting i-551 is for work authorization and then scheduled me next week, it was so simple.. but the way to get an appointment was not that simple, hahah. 

 

Anyway, the HR still require me to show "valid unexpired green card", even though I explained and showed the captured list a, b, c documents (thanks jostermacedo). 

I'm frustrated because they don't understand at all 😭

 

 

Edited October 23, 2020 by misook

[ThaOne 101]

30 minutes ago, misook said:

I called uscis again (wating...explaining...wating...again...painful process) and I was able to make an appointment next week. I think they are following some manuals and process to handle quires, but most of the representatives don't consider my situation is not that urgent(I understand, but it's important to me .... sad).  I finally got a callback from the uscis officer and I was preparing to appeal my situation, but he did not ask anything. He just checked my reason for getting i-551 is for work authorization and then scheduled me next week, it was so simple.. but the way to get an appointment was not that simple, hahah. 

 

Anyway, the HR still require me to show "valid unexpired green card", even though I explained and showed the captured list a, b, c documents (thanks jostermacedo). 

I'm frustrated because they don't understand at all 😭

 

 

It is sad that the HR department is saying what they are saying because the stamp I551 is a confirmation of your LPR status.

Quote: You need a valid green card or confirmed I-551 temporary evidence status for work authorization and driving licenses as well.

taken from https://www.immi-usa.com/i-551-temporary-evidence-stamp/

Since you say that you filed for your n400 since January, it may be resolved sooner than starting a renewal of the green card itself which can take an extra 12 months after your file. Check around for other options if any exist as frankly personally I would not recommend renewing the green card at this point.

[NEW CITIZEN 151]

Your SSN is proof you have the right to work, otherwise SSA would not issue one.

 

 

This is directly from the I-9 Instructions

https://www.uscis.gov/sites/default/files/document/forms/i-9instr.pdf

 

Choose which unexpired document(s) to present to your employer from the Lists of Acceptable Documents. An employer cannot specify which document(s) you may present from the Lists of Acceptable Documents. You may present either one selection from List A or a combination of one selection from List B and one selection from List C. Some List A documents, which show both identity and employment authorization, are combination documents that must be presented together to be considered a List A document: for example, the foreign passport together with a Form I-94 containing an endorsement of the alien’s nonimmigrant status and employment authorization with a specific employer incident to such status. List B documents show identity only and List C documents show employment authorization only. If your employer participates in E-Verify and you present a List B document, the document must contain a photograph. If you present acceptable List A documentation, you should not be asked to present, nor should you provide, List B and List C documentation. If you present acceptable List B and List C documentation, you should not be asked to present, nor should you provide, List A documentation. If you are unable to present a document(s) from these lists, you may be able to present an acceptable receipt. Refer to the Receipts section below