Lost expired green card ,i751 in process

[Nimo 12]

My daughter has i-751  petition to remove condition in process. She has 48months extension letter however She lost her expired green card. Her employer emailed her wanting 1-94 stamp or she must produce the expired green card with the extension letter.She has a copy of the expired GC.Her employer want the actual physical GC.She has called uscis, she was told to wait for 10yr green card process to complete. She is in dilemma, she has been asked to submit the said documents by 3/326.Expired green card or i-94. Does anyone know what she is supposed to do at this point?

Edited yesterday at 02:11 AM by Nimo
More information

[TBoneTX 49,313]

Thread is moved from the Removing Conditions forum to the Working & Traveling forum -- topic is employment issues.

[Fr8dog 581]

If she was employed here before the card expired and she used the card during the I-9, the employer should stop breaking the law and not ask for reverification. 

https://www.uscis.gov/i-9-central/completing-form-i-9/completing-supplement-b-reverification-and-rehires-formerly-section-3

 

If this is a new employer I would try to get an I-551 stamp.

Getting the stamp might not be a bad idea regardless.

[Dashinka 26,594]

I agree with @Fr8dog, but it might be a good idea to have her get an ADIT/I551 stamp regardless as the I751 process can take some time.

 

Good Luck!

[P055UM 383]

If a new employer she could also use a drivers license and unrestricted social security card. Employers aren’t able to dictate which documentation is used for I-9 verification. 

[wildbug100420 419]

1 hour ago, P055UM said:

If a new employer she could also use a drivers license and unrestricted social security card. Employers aren’t able to dictate which documentation is used for I-9 verification. 

Small outlier, tsa and cbp requires eac/ green card/visa for non us citizens to obtain airport badge for work in secured areas or areas controlled by customs.

[Nimo 12]

1 hour ago, P055UM said:

If a new employer she could also use a drivers license and unrestricted social security card. Employers aren’t able to dictate which documentation is used for I-9 verification. 

Its not a new employer, she got the job last year. She had requested for i94 last yr which uscis issued her and stamped employment authorization date expiry 3/3/26 .Now the employer want it renewed. Uscis won't issue her another one.She has given employer 48 month extension letter ,copy of her GC and social security card. She has been calling Uscis today to get i551 stamp with no luck getting representative to answer the call.

[Nimo 12]

10 hours ago, Dashinka said:

I agree with @Fr8dog, but it might be a good idea to have her get an ADIT/I551 stamp regardless as the I751 process can take some time.

 

Good Luck!

Thank you we will try get i551 stamp

[Nimo 12]

Thank you all for your advice, she will get i551 stamp. In 3 months time she will be eligible to apply for citizenship. 

[Nimo 12]

6 hours ago, P055UM said:

If a new employer she could also use a drivers license and unrestricted social security card. Employers aren’t able to dictate which documentation is used for I-9 verification. 

She gave all that plus her extension letter, copy of the lost green card still they are insisting she must produce her expired green card. 

[JD2 268]

4 hours ago, Nimo said:

She has been calling Uscis today to get i551 stamp with no luck getting representative to answer the call.

I think she can request an appointment for an ADIT stamp online on her myUSCIS portal

[Nimo 12]

Just now, JD2 said:

I think she can request an appointment for an ADIT stamp online on her myUSCIS portal

Yes,she finally got to speak with uscis representative today and explained the situation requested for ADIT stamp.Case was escalated to tier 2 representative who is to contact her .She received an email of the same.

Thank you for your help.

[TBoneTX 49,313]

2 hours ago, Nimo said:

Case was escalated

Keep us apprised.  We care.

[mam521 2,953]

12 hours ago, Nimo said:

She gave all that plus her extension letter, copy of the lost green card still they are insisting she must produce her expired green card. 

As @Fr8dog stated, this is against the law.  If your daughter presented her valid, unexpired conditional, physical greencard when she was hired, she is not subject to reverification and the employer has no right to ask to see those documents.  

 

She should be filing a discrimination claim; employers need to understand the law. 

 

From USCIS Employee Rights page https://www.uscis.gov/i-9-central/employee-rights-and-resources/employee-rights 

Your employer may not:

• Ask for specific documents because of your national origin, ethnicity, immigration or citizenship status, race, color, religion, age, sex, disability, or genetic information, or because of any other protected characteristic. For example, your employer may not:
  • Ask for a document issued by the Department of Homeland Security because you are not a U.S. citizen.
  • Ask for a U.S. passport to prove you are a U.S. citizen.
• Refuse to accept your document or refuse to hire you because of an unfounded suspicion that your documentation is fraudulent. For example, your employer may not refuse to accept your identification and unrestricted Social Security card because you have limited English proficiency.
• Treat you differently than other applicants because you have, or your employer believes you have, a particular citizenship or immigration status.
• Ask to see documents showing your permission to work before hiring you, or before you complete Section 1 of Form I-9.
• Refuse to accept your document or refuse to hire you because your document expires in the future.
• Limit jobs to U.S. citizens unless U.S. citizenship is required by law or government contract.
• Ask you for a specific document when reverifying that you are authorized to work. You may present any documentation either from List A or from List C of the Lists of Acceptable Documents to demonstrate that you are still authorized to work.
• Retaliate against you. For example, employers cannot fire you, decrease your pay, or otherwise try to punish you for:
  • Contacting the Immigrant and Employee Rights Section (IER) in the U.S. Department of Justice’s Civil Rights Division, or the Equal Opportunity Commission for assistance or to file a complaint.
  • Complaining about discrimination or otherwise asserting your or another’s rights.
  • Participating in an investigation or lawsuit on behalf of an alleged victim.

 

Employers should not reverify:

• U.S. citizens and noncitizen nationals;
• Lawful permanent residents who presented a Form I-551, Permanent Resident Card or Alien Registration Receipt Card for Section 2, including conditional residents; or
• List B documents.

 

File a claim:

https://www.uscis.gov/i-9-central/employee-rights-and-resources/filing-a-discrimination-claim

 

I understand she wants to be gainfully employed, but the employer has no right to be insisting on seeing the card, especially if she has either presented it in the past or has 2 other qualifying pieces of identification that meet the I-9 requirements.  The physical permanent resident card is not subject to reverification; a temporary I-551 passport stamp is under certain circumstances.  

 

https://www.uscis.gov/i-9-central/form-i-9-resources/handbook-for-employers-m-274/70-evidence-of-employment-authorization-for-certain-categories/71-lawful-permanent-residents-lpr

 

 

[appleblossom 5,863]

14 hours ago, JD2 said:

I think she can request an appointment for an ADIT stamp online on her myUSCIS portal

 

Appointment isn't usually needed, they're just mailed out now. 

Edited 6 hours ago by appleblossom