i-751 & N400

[Honey Chavarriaga 0]

So my husband and I filed for the i751 back in May 2021, has been pending ever since then. In may 2022 we filed for citizenship since we have been married and it made three years since he became a resident, now he is a truck driver in NJ but his job requires a hazmat endorsement, he can only obtain that when he becomes a citizen or a permanent resident. His job has now started to ask when is he getting his citizenship and I am concerned that he will get fired for not having his hazmat. Can I expedite it? I am pregnant with a high risk, and I can’t afford having an unemployed husband, sure he can find a new job but I need his insurance. 

[nastra30 2,450]

14 minutes ago, Honey Chavarriaga said:

now he is a truck driver in NJ but his job requires a hazmat endorsement, he can only obtain that when he becomes a citizen or a permanent resident.

He's already a legal permanent resident so what's the issue again?

If he's conditional residency card has expired, he can use that plus his extension letter to prove his LPR status.

Edited September 6, 2022 by nastra30

[Chancy 6,244]

*** Moved from IR1/CR1 Process & Procedures to US Citizenship General Discussion ***

 

13 minutes ago, Honey Chavarriaga said:

his job requires a hazmat endorsement, he can only obtain that when he becomes a citizen or a permanent resident.

 

Your husband is a permanent resident.  So what's stopping him from getting the hazmat endorsement?  Permanent resident with conditional GC is still a permanent resident.

 

[Honey Chavarriaga 0]

Just now, nastra30 said:

He already a permanent resident so what's the issue again?

In order for him to obtain his hazmant endorsement he needs to be a permanent (10 year) green card holder in order for DMV to give him that endorsement 

[nastra30 2,450]

Just now, Honey Chavarriaga said:

In order for him to obtain his hazmant endorsement he needs to be a permanent (10 year) green card holder in order for DMV to give him that endorsement 

Doesn't make sense. 

[Honey Chavarriaga 0]

Just now, Chancy said:

*** Moved from IR1/CR1 Process & Procedures to US Citizenship General Discussion ***

 

 

Your husband is a permanent resident.  So what's stopping him from getting the hazmat endorsement?  Permanent resident with conditional GC is still a permanent resident.

 

DMV doesn’t think so. They will not let him take the test for his endorsement claiming he needs to be either a citizen or a 10 year permanent greencard

[nastra30 2,450]

Just now, Honey Chavarriaga said:

DMV doesn’t think so. They will not let him take the test for his endorsement claiming he needs to be either a citizen or a 10 year permanent greencard

Did he go with his greencard and extension letter? Maybe lawyer up.

[Chancy 6,244]

2 minutes ago, Honey Chavarriaga said:

DMV doesn’t think so. They will not let him take the test for his endorsement claiming he needs to be either a citizen or a 10 year permanent greencard

 

Ask for a supervisor.  Permanent residents have the same rights, whether they have 2-year or 10-year GC.  If the DMV supervisor is also clueless, go to a different DMV office.  If that doesn't work, contact your congressperson or senator to ask for assistance.

 

[Honey Chavarriaga 0]

5 minutes ago, nastra30 said:

Did he go with his greencard and extension letter? Maybe lawyer up.

Yea, he did. 

[Crazy Cat 42,691]

12 minutes ago, Honey Chavarriaga said:

In order for him to obtain his hazmant endorsement he needs to be a permanent (10 year) green card holder in order for DMV to give him that endorsement 

Are you sure about that?  That doesn't sound accurate.

Edited September 6, 2022 by Crazy Cat

[Honey Chavarriaga 0]

Just now, Crazy Cat said:

Are you sure about that?  

Trust me I wish it wasn’t the case, that’s what DMV has been telling us. 

[Crazy Cat 42,691]

3 minutes ago, Honey Chavarriaga said:

Trust me I wish it wasn’t the case, that’s what DMV has been telling us. 

Here is what it says.  There is no mention of a 10 year Green Card.  Your husband is a lawful perm resident.

NJ MVC | Hazardous Material (HAZMAT) Endorsements (HME) (state.nj.us)

Edited September 6, 2022 by Crazy Cat

[PerCer 5]

You can have a Hazmat endorsement (X) on your driving license, from the moment you become a GC holder, let alone when you have an expired GC and and extension letter. 

 

[Dashinka 24,974]

To me it seems the DMV clerk is ill-informed.  According to their requirement as @Crazy Cat posted, they make no distinction between a 2 yr Conditional LPR and a 10 yr LPR, so there should be no issue.  I would suggest as @Chancy in getting the DMV supervisor involved, and if no help then getting your local/state Senator or Legislator involved since this is really a state issue.

 

Good Luck!

[Joyoussinger 1,427]

12 hours ago, Honey Chavarriaga said:

In order for him to obtain his hazmant endorsement he needs to be a permanent (10 year) green card holder in order for DMV to give him that endorsement 

His expired green card with the extension letter should be fine. Nowhere does it say he has to have the ten year green card. MVC only requires that he be a "lawful permanent resident", which your husband is.

https://www.state.nj.us/mvc/drivertopics/cdlhazmat.htm#:~:text=A driver must be a U.S. citizen or lawful permanent resident to hold a HME.

 

edited to add: Here are the required documents for the six points of ID. Form I-551 is the green card. https://www.state.nj.us/mvc/pdf/license/Standard_License_Sheet_Engl.pdf

Edited September 6, 2022 by Joyoussinger