DMV Shredded My Wife's Green Card

[Techniix 7]

Good evening everyone,

 

I'm not going to lie... I'm a bit panicked right now. My wife has had her biometrics for removal of conditions on her 2 year green card. We are currently in the long waiting period of getting the 10 year green card and have finally reached the point where we can do the early filing for N400. A couple weeks ago my wife finally got her full driver's license and we had a long struggle at the DMV while the employee there (a new hire) scattered back and forth trying to figure out how to give a full license to a permanent resident (turns out it's no different than the process for a US citizen), but I'm just now finding out that protocol for expired licenses is to shred them on the spot at the DMV. Apparently this woman upon getting my wife's expired green card (along with the I-797 extending said green card) decided that she'd take my wife's green card and shred it. My wife (not realizing that this was very wrong) didn't realize it was a big deal until just now while I was trying to verify the dates on her card and she told me it has been shredded. So, naturally, I'm panicking. Under normal circumstances we'd just file for a replacement, no big deal, but can we even file to replace the EXPIRED green card? Is the I-797 going to be enough? Will we need both the green card and I-797 to finish the process to get the 10-year green card, or the N400? Please help. Any advise is appreciated. 

[mindthegap 2,521]

Well you need to put in a complaint for a start….
That employee needs immediate training so they don’t do it to others. 
 

I’m sure someone will suggest it, so before they do, I will state DO NOT file an i-90 for a replacement card. They will willingly take your cash, then do nothing. An I-90 is not applicable for you - it even states this on page 1 of the form - so you are wasting your time and money. 
 

The bad news is you can’t get a replacement card, so I hope you photocopied it. 
The good news is you can get a passport stamp, which acts as a temporary card (in place of the expired card + extension letter). Stamps last twelve months. 
Phone USCIS and state ‘infopass’ to the automated rubbish and it will eventually connect you to a human, and they will arrange a call back for an appointment (yes it’s a convoluted process). 
 

LPR status remains unchanged. The card is proof of status, not the status itself, so relax, and yes, you can still file for N-400 if eligible. 

Did the idiot shred the extension letter too? 

Edited August 6, 2022 by mindthegap

[bakphx1 785]

You most likely have a copy of the card somewhere.  You sent it in for the ROC-if you saved a copy of that package, or you saved the image to be printed for that.

[Palawan 130]

On 8/5/2022 at 7:30 PM, Techniix said:

Good evening everyone,

 

I'm not going to lie... I'm a bit panicked right now. My wife has had her biometrics for removal of conditions on her 2 year green card. We are currently in the long waiting period of getting the 10 year green card and have finally reached the point where we can do the early filing for N400. A couple weeks ago my wife finally got her full driver's license and we had a long struggle at the DMV while the employee there (a new hire) scattered back and forth trying to figure out how to give a full license to a permanent resident (turns out it's no different than the process for a US citizen), but I'm just now finding out that protocol for expired licenses is to shred them on the spot at the DMV. Apparently this woman upon getting my wife's expired green card (along with the I-797 extending said green card) decided that she'd take my wife's green card and shred it. My wife (not realizing that this was very wrong) didn't realize it was a big deal until just now while I was trying to verify the dates on her card and she told me it has been shredded. So, naturally, I'm panicking. Under normal circumstances we'd just file for a replacement, no big deal, but can we even file to replace the EXPIRED green card? Is the I-797 going to be enough? Will we need both the green card and I-797 to finish the process to get the 10-year green card, or the N400? Please help. Any advise is appreciated. 

 I would call the police on her, and file a criminal complaint.  

[Bob in Boston 619]

2 hours ago, Palawan said:

 I would call the police on her, and file a criminal complaint.  

A mistake is not criminal, total waste of time. Report to DMV and file a complaint there.

[Palawan 130]

On 8/6/2022 at 6:43 AM, Bob in Boston said:

A mistake is not criminal, total waste of time. Report to DMV and file a complaint there.

I know many a people sitting jail or prison for a mistake.

 

Hopefully he would have a "Police Report" to back up his claim as well.

 

 

 

 

Edited August 6, 2022 by Palawan

[PWB 213]

Would you mind telling what State this took place in?

[Mike E 11,723]

I never let my wife go to the DMV without me.  

[Gabriel5454 19]

Hi Techniix,

 

I don't post here a lot but your post was extremely unsettling for me personally and I wanted to offer my sympathy and suggestions.

 

1.). You shouldn't panic because your wife's status is not related to your possession of the physical green card.  As long as she properly filed the I-751 and it is still pending, your wife is in status.  The only issue is that you do not have evidence of this status and cannot (or should not) travel outside the US without the physical green card (the extension letter is not sufficient by itself).  However for most practical purposes, inside the US, a state ID is sufficient.  And as others have mentioned, your wife has the right to get a temporary one year I-551 stamp at a USCIS office.  Google Infopass appointment to learn more about how to make this appoint.  Also see: https://www.uscis.gov/i-9-central/temporary-i-551-stamps-and-mrivs

 

2.). Your wife's green card was not her property.  It was property of the federal government, and destruction of federal property by an agent of the state is a serious crime.  You can see, e.g., here: https://www.law.cornell.edu/uscode/text/18/1597.  If you want to pursue this issue further, you can file a police report stating what happened.  You can also seek a lawyer and get a consultation.  To be clear, this is not an immigration issue but a criminal issue, and you do not need to seek an "immigrant" lawyer just because your wife is a permanent resident.  She has the same basic rights as any citizen, with the obvious exceptions (like the right to vote).

 

After filling a police report and consulting with a lawyer, you can file a formal complaint with your state's DMV.  Every state is different but if you Google you can quickly find how they process such complaints.  For example, in Texas the page looks like this: https://www.dps.texas.gov/section/office-inspector-general

 

This process may take you some time and it is up to you how far you want to pursue the issue, but one can imagine how this DMV has treated other immigrants before you (and will treat others after you).  Following through on this issue in the best case will force them to train their employees properly, and at the very least not break federal law.

 

Best wishes.

[Marieke H 2,303]

Definitely file a complaint, not just to make sure that that employee gets proper training, but also to make sure that you have a record of what happened when the missing green card comes up later in the process. 

[Scandi 3,970]

No you don't need the physical card to file the N-400, just the copy that you took of it when you first received it (EVERYONE should take a copy and scan of their greencards and save it "just in case". This is clearly a "just in case" scenario where you can use the copy). 

You can also use the 10 year greencard instead, but then you have to wait for it first and that can obviously delay the N-400 filing. 

Edited August 6, 2022 by Scandi

[Crazy Cat 39,226]

File a complaint with the DMV department. Make an infopass appointment and get an ADIT stamp in the passport.  I don't see a need for an attorney.  This is not a criminal matter, imo. 

[discoverusa 229]

I would be livid if this happened to me. I work for a state government and many of my coworkers have no clue about immigration process and what it takes to obtain a green card. 

 

I would first talk to the manager at the specific DMV branch to obtain the name of the worker and manager. Then file a complaint with DMV commissioner and the governor. More than anything they are afraid of lawsuits. 

 

At the very least it will force the state to implement some very specific trainings.

 

Good luck! Please, update us on what happened next. 

[African Zealot 1,452]

I just had to say I find it laughable that people think a government official mistakenly shredding a green card is a criminal issue. No DA is going to prosecute that. Let’s get serious guys.

 

OP you’ve received good advice from others, good luck!

[Palawan 130]

On 8/6/2022 at 7:23 PM, African Zealot said:

I just had to say I find it laughable that people think a government official mistakenly shredding a green card is a criminal issue. No DA is going to prosecute that. Let’s get serious guys.

 

OP you’ve received good advice from others, good luck!

DA is for state and local issues.

 

It would be a US Attorney since it would be a Federal crime