Expired green card and no passport.

[fisherman]

Hello

I am in kind of hard position and was wondering any body have suggestions.

My 10 year old green card expired five years ago and haven’t renew it since it expired in 2000 (just kept putting it off). And haven’t travel outside US since got my GC. And don’t have a passport.

I quit my job (out of stupidy) and while in process of being hired by new employer which requested a GC, and told me he will not hire me until I bring back some type of proof that I have legal right to work. So as of now out of job and money, and need to get some type of proof as soon as possible.

I am planning (which was recommended when I called 800#) to E-file I-90 and take the printout receipt with an Infopass appointment to local Sub office to see if I can obtain a temporary card until my I-90 is processed. I could probably wait to get my biometrics appointment to do this, but by then (which might take 2 or 3 months), I be out on the street with no money.

So my question is would I run into trouble since my card expired so long ago (would they ask alot of questions), and what type of documents (photos, proof of residency, employer letter, etc..) need to take with me since I don’t have a passport?

Thanks for any type of help.

[TheEnquirer]

what happened to ur SSN. ur SSN along with another id is sufficient enough for companies to prove eligiblity. plus you must have I551 stamping eventhough the passport is expired. ( if u lost ur passport then its a different story)
if u dont have SSN gettign that willbe quicker while waiting for GC

Originally Posted by fisherman

Hello

I am in kind of hard position and was wondering any body have suggestions.

My 10 year old green card expired five years ago and haven’t renew it since it expired in 2000 (just kept putting it off). And haven’t travel outside US since got my GC. And don’t have a passport.

I quit my job (out of stupidy) and while in process of being hired by new employer which requested a GC, and told me he will not hire me until I bring back some type of proof that I have legal right to work. So as of now out of job and money, and need to get some type of proof as soon as possible.

I am planning (which was recommended when I called 800#) to E-file I-90 and take the printout receipt with an Infopass appointment to local Sub office to see if I can obtain a temporary card until my I-90 is processed. I could probably wait to get my biometrics appointment to do this, but by then (which might take 2 or 3 months), I be out on the street with no money.

So my question is would I run into trouble since my card expired so long ago (would they ask alot of questions), and what type of documents (photos, proof of residency, employer letter, etc..) need to take with me since I don’t have a passport?

Thanks for any type of help.

[Bev]

what if you don't have a driver's license or passport. what other form of ID can you present?

[Bev]

would an expired passport be sufficient? ie, canadian passport which has the form 551 in it?

[fisherman]

Thanks guys for your help. This is a great site.

Originally Posted by ****

The I-9 specifies which documents are acceptable. A photo id and a social security card without restrictive notice are good enough. An employer can not dictate the type of documentation. There even is an anti-discrimination notice on top of the I-9 instructions.
See http://uscis.gov/graphics/formsfee/forms/i-9.htm

Thank you for link. While I was going thru I-9 links, I found this statment under Green Card;"An expired card cannot be used to satisfy Form I-9 requirements for new employment"
http://uscis.gov/graphics/howdoi/faqeev.htm

I guess that said that expired GC can not be used for employment eligibilty. Hmm...

What happened was when I handed over my GC so he could verify my A#, he saw the expiration date and told me he can not accept it and will not hire me untill I get it stamped....so they will not get into trouble.

Originally Posted by ****

Passport is not needed. Drivers license is good enough

I do have a DL. The reason I asked about the passport is since I don't have one that can be satamped, can they provide me with some type of temporary card, or stamping on my GC?

Originally Posted by TheEnquirer

what happened to ur SSN. ur SSN along with another id is sufficient enough for companies to prove eligiblity. plus you must have I551 stamping eventhough the passport is expired. ( if u lost ur passport then its a different story)

I did gave them my SSN and driver licence which they copied. It is when he saw my GC that he said he can not accept it as employment eligibility (also see my reponce to ****).

You can say I lost my passport (long story), and never got one since I am not planning to go anywhere. Since this is an emergency, I just wonder if they could stamp my GC, a letter or something that can prove I am eligibile to work untill my I-90 is processed.


Thanks again guys.

[spartakus]

why do not you apply for citizenship? this way you get a passport and you are a citizen so no issues after that.

Spartakus

[fisherman]

Originally Posted by ****

And that's where he has opened himself up for a discrimination lawsuit. The DL and SSN card are enough to establish work eligibility as per the I-9. An employer can not pick and choose from the list on the I-9.
I suggest you point that out to the employer... in a polite manner, of course.

Thanks again ****

Ok, I called the 800# USCIS customer service today again about employment eligibility of expired GC, and she said if it is expired, employer can not accept it and have to be valid. The problem is the employer know about it (can't do anything about it now) and don’t want to rock the boat by being too aggressive in my approach to this as this is an emergency (need a job now). If short on money was not an issue, I would tell the employer to shove it.

Another bad news I received when calling #800 was that even though I might go to local Sub office for an temporary extention, I might not get it since they give extensions on extremely emergency situations such as traveling. Oh brother.....

But I am planning to go anyway since this is my last hope before I become home and penniless.

[fisherman]

Originally Posted by ****

Never believe stuff the people at the 800 number tell you. They are usually clueless. They are not even CIS employees. That number is outsourced.
Standard Operating Procedure is to put a sticker on the GC that extends it.

Wow Joe, you are so fast in responding.

That does definitely gets my hope up as this is matter of whether being put out on street or not.

Do you think I should take a letter from employer when I go for an extension?

Thanks again.

[fisherman]

First of all, **** and others were right about not requiring to show a GC when applying for a job. Driver license and SSC is all need to fulfill I-9 requirement. On Employer Information Bulletin 108, it clearly state that permanent resident would be authorized (but not required) to present a green card.

I took that bulletin and couple of others to show to my employer, and he looked at it and said he will feel better if I had my card stamped. He said the job will be waiting for me as soon as I get some type of document from USCIS. But I really blame my self here than the employer as I should have renewed my GC long time ago. The blame fall on me.

I E-filed I-90 application (made couple of minor mistakes) and made an Infopass for Tuesday Dec 6th. I called the 800# again to ask them about the mistake made on E-filing, and she said I can correct any mistake on my application when I go for biometrics appointment.

The lady seem knowledgeable, so I told her about expired Card and if they be able to extend it if I go to the office with an Infopass. She start giving me lecture as to why didn’t renew it sooner if I knew about it, and she said it will be up the officer whether they will stamp my GC or not.

She said they might require addition documents since card expired so long ago. So to be on the safe side, I called IRS to send me confirmation of tax paid for last 10 years as to be no question of my residency in the US. I just hope they won’t grill me over this matter and stamp my card, so I can get on with my life.

Thanks.