Renewing expired greencard....desperately need advice!!

[opalasattic]

My significant other has been in the US for over 30 years. He was granted unconditional perm. status via his wife in 1985 yet didn't get the physical card until 1991 along with a 10 year exp. date on the front. When the card expired in Feb 2001, he didn't bother getting it renewed straight away,mainly due to the fact he was simply too lazy to get it done. Don't get me wrong..he'd intended to eventually do so but time just went on and the next thing y' know it's 8 years later. Anyway, he'd been working for the same company f' the past three years when one morning 2 wks ago,the head of the Health & Human Services Dept. abruptly informed him that because his documents had expired he would have to renew 'em before he could come back to work (stupid thing is, his GC was already out of date when he was hired and have xerox copies of his docs in their files). They placed him on his "vacation" time, telling him that he had till the 8th (last Friday) to get his GC sorted out and if things were'nt done by then they would have to let him go.

Needless to say, we got right on it and went to the Federal bldg. in downtown LA and had his I90 E-filed by an aide in their legal aid dept on the third floor and got his Bioometrics appt for the 18 of May. Now my question is this....what can we expect from this appt anyway? Can they turn round n' refuse him a new GC because he waited so long to renew or just because we got an agent that's having a bad day n' simply does'nt like his attitude? He does have a passport, but this too is out of date and we can't get hold of his birth certificate in time for the meeting and, procrastinator that he is, he never bothered to get any Caifornia ID. Can this affect a decision as well?
He's already lost his job....he was forced to tender his resignation Friday afternoon after we got back from the Fed bldg, so things are dire at the moment despite the reassurance they gave us about hiring him back as soon as his docs are redone...can a written confirmation of this from his employer also help with the decision or if we tell 'em that since he's the chief breadwinner of our household his inability renew his status would mean that we would lose our home, our cats and render us completely destitute? He doesn't have any criminal record and though he was behind on his taxes he's been taking care of that for the past three years...in all honesty,if something were to happen to him regarding his GC, we'll be out on the street within a month...please, someone give us an idea of what we can expect at the meeting so I can stop driving myself nuts about it!

Also, do they tell you their decision right there at the meeting or is it something you find out thru the mail? I have no idea what the hell to expect you guys....

 

[Jackolantern]

It is illegal to fire an existing employee who is a permanent resident because his green card expired, unless the expiration prevents him from doing his job properly (e.g. he has to travel overseas for business and would be unable to return without a valid card), or there is some other exceptional reason to justify it. He should get a lawyer to send them a letter explaining that it is illegal for them to remove him from his job and requesting them to reinstate him in his job. However, the firing could be legitimate if his card already expired before he was hired, but even that may not necessarily apply if they've already had him working there for years. Those issues have to be discussed with the lawyer.

Can they turn round n' refuse him a new GC because he waited so long to renew or just because we got an agent that's having a bad day n' simply does'nt like his attitude?

No. If he doesn't have a criminal record or immigration violations that would make him ineligible to renew, they can't refuse to renew the card. And they won't take any decisions at the biometrics appointment; they will simply take his fingerprints and picture. The card renewal decision will happen afterwards and can take several months. Meanwhile, he needs to work on getting his other documents in order.

 

[Jackolantern]

Does he have a Social Security card that does not have the employment restriction wording on it? If he has that card, it can be used in combination with a driver's license, state ID, local government ID, or even a student ID (if it has a photo) without him having to show the green card.

 

[opalasattic]

Does he have a Social Security card that does not have the employment restriction wording on it? If he has that card, it can be used in combination with a driver's license, state ID, local government ID, or even a student ID (if it has a photo) without him having to show the green card.

He's had the same original SS card for the past 30 years and it's never had any restrictions whatsoever. Up to this point, his work status has never been an issue, which is one of the reasons he wasted so much time getting his GC renewed (that and the fact it used to cost around $1000.00 to do it).As said, he does have a passport but he let that lapse as well.. he'd been a sound tech for bands on tour up until round 1991 when he started working for a local concert venue as their soundman on site, so since had a GC anyway and wasn't gonna be doing any more travelling he simply let his passport expire. It does have an I90 stamp from '91 in it clearing him for work ..will the guy who interviews him take that into account? I know that all these excuses as why he let it go for so long are stupid (believe me, he's the first one to admit it) the bottom line is this...his documents are and have been straight up and legit whether they've been expired for 1 day or 50 years from now..he's been living and working here 100% legally since 1983 and has had a physical copy of his GC since 1991..its all on record plain as day. I'm just worried to death that we might end up with an interviewer that's got a very low tolerence for stupid excuses who just happens to be having a rotten morning...when we were talking to the guy from the legal aid dept on Friday, he told us that the outcome of our case could very well depend on which person conducts the interview and what sort of mood they're in. He also told us that if we have a probem to demand a supervsor and if that does'nt sort things to go back upstairs and speak to him again. His card has already been seen...that happened when he'd gone down there the previous morning and was told that as of April 29th they were no longer processing expired GCs in Los Angeles and that things were being forwarded to their branch in Phoenix Arizona instead. Now as far as his passport is concerned, I spoke to someone at the New Zealand consulate yesterday and was told he can renew his passport without a problem despite the fact it's been out of date since 1991 and that we haven't got a copy of his birth certificate. The only thing standing in our way is the nearly $400.00 fee to do this...we spent that money on his GC, and now that he was forced to resign from his job, I've no idea when we will. We can't even file for unemployment cos of this ****ing GC business, so needless to say, we're having a nightmare of a time right now.

 

[opalasattic]

It is illegal to fire an existing employee who is a permanent resident because his green card expired, unless the expiration prevents him from doing his job properly (e.g. he has to travel overseas for business and would be unable to return without a valid card), or there is some other exceptional reason to justify it. He should get a lawyer to send them a letter explaining that it is illegal for them to remove him from his job and requesting them to reinstate him in his job. However, the firing could be legitimate if his card already expired before he was hired, but even that may not necessarily apply if they've already had him working there for years. Those issues have to be discussed with the lawyer.

No. If he doesn't have a criminal record or immigration violations that would make him ineligible to renew, they can't refuse to renew the card. And they won't take any decisions at the biometrics appointment; they will simply take his fingerprints and picture. The card renewal decision will happen afterwards and can take several months. Meanwhile, he needs to work on getting his other documents in order.

Well that explains why they forced him to resign
rather than firing him outright...they even made him write an e-mail to say he was quitting for" reasons beyond his control"....very sneaky way of taking the responsibility off their asses and landing it on his shoulders. They did reassure us that they were gonna hold his job for him though and at this point all we can do is take 'em at their word. As far as any immigration problems or criminal records the answer is no....he's sqeaky clean on those issues. In regards to his other documentation, we can't do much at the moment cos without a job we simply don't have the moneywe need to get it done.

 

[Jackolantern]

They normally don't interview people for renewing the green card (actually, I've never heard of that being done). He would go for fingerprinting, they'd also take his picture, and the card would arrive in 2-6 months.

He's had the same original SS card for the past 30 years and it's never had any restrictions whatsoever.

He doesn't have a state ID or driver's license? If he has that, he won't need the GC to prove authorization for work. He should take the ID or license along with the SS card and a filled-in I-9 form (not I-90, I'm referring to the employment eligibility I-9 form) tomorrow and ask for his job back. And if he showed them a driver's license or state ID along with the unrestricted SS card when he was hired, that's yet another reason why the company should not have gotten rid of him. They should have that info still on file, and it doesn't have to be revalidated for permanent residents.

This is a really sneaky and shady company. By making it look like he resigned, it makes him unable to collect unemployment, and the company is not charged for adding another person to the unemployment rolls. If they don't give him back his job soon, he should seek a lawyer to sue their pants off for illegal discrimination (there are lawyers who will take the case on a contingency basis so he wouldn't have to pay out of pocket).

Things would have been so much easier if you asked these questions before his last day on the job. It would have been so much easier for him to defend his job while he was still in it.

In regards to his other documentation, we can't do much at the moment cos without a job we simply don't have the moneywe need to get it done.

Then borrow the money, from credit cards or family, or get it by selling stuff on eBay or something. If his docs aren't straightened out it's going to be more costly and complicated in the long run.

 

[fisherman]

Needless to say, we got right on it and went to the Federal bldg. in downtown LA and had his I90 E-filed by an aide in their legal aid dept on the third floor and got his Bioometrics appt for the 18 of May. Now my question is this....what can we expect from this appt anyway? Can they turn round n' refuse him a new GC because he waited so long to renew or just because we got an agent that's having a bad day n' simply does'nt like his attitude?

As other have said, you will not have any problems as mine was expired also for five years and they renewed it with no question. And there is no interview either.

When you go in for your biometric, they will take picture and finger print, and if GC is expired, they will extend it for another 6 months by putting a sticker on the GC (which should satisfy the employer). And that is all. No questions or interviews.

Mine took about six months before got a new GC.

Good luck.

 

[opalasattic]

They normally don't interview people for renewing the green card (actually, I've never heard of that being done). He would go for fingerprinting, they'd also take his picture, and the card would arrive in 2-6 months.


He doesn't have a state ID or driver's license? If he has that, he won't need the GC to prove authorization for work. He should take the ID or license along with the SS card and a filled-in I-9 form (not I-90, I'm referring to the employment eligibility I-9 form) tomorrow and ask for his job back. And if he showed them a driver's license or state ID along with the unrestricted SS card when he was hired, that's yet another reason why the company should not have gotten rid of him. They should have that info still on file, and it doesn't have to be revalidated for permanent residents.

This is a really sneaky and shady company. By making it look like he resigned, it makes him unable to collect unemployment, and the company is not charged for adding another person to the unemployment rolls. If they don't give him back his job soon, he should seek a lawyer to sue their pants off for illegal discrimination (there are lawyers who will take the case on a contingency basis so he wouldn't have to pay out of pocket).

Things would have been so much easier if you asked these questions before his last day on the job. It would have been so much easier for him to defend his job while he was still in it.

Then borrow the money, from credit cards or family, or get it by selling stuff on eBay or something. If his docs aren't straightened out it's going to be more costly and complicated in the long run.

I agree....all of this should've been done ages ago, but as said he does have a tendency to procrastinate n' this the end result. He 's also aware of how tricky his employer is being in this situation....he's not worried tough, cos they've reassured him that as soon as he gets sorted outhe can get his job back. Maybe I'm just worrying over nothing, but I can't understand why after 3 years the question of his status has suddenly become such an issue. Every one of his employee evaluations have been no less exemplery, his supervisors have nothing but great things to say about him...he's the head of his department and with him gone everything's pretty well ground to a halt (we know this cos the only other guy in the dept. came by and told us). The only reason this mess even came up in the first place was when Citibank came by the shop to see if any employees wanted to open a bank account, he applied
for one but didn't have any up to date ID.... when Citi contacted the director of Health and Human Services to see if he might have current papers on file, she she saw that both his GC and his passport were expired n' called him in for a chat .....the rest is history. They had a different HHS person when he was orginally hired, but this person was a strictly by the book type and as Keith ( the subject of all this shite) said, a corporate suit that sees everything in black and white. Anway this is where we stand...we have his biometric a week from today,and all we can hope foris that they at least give some sort of stamp or paper that would at least let him go back to work straight away.

 

[Jackolantern]

I agree....all of this should've been done ages ago, but as said he does have a tendency to procrastinate n' this the end result.

Are you saying he also doesn't have an unexpired driver's license? If he does, problem solved. If he doesn't, he's going to run into bigger problems if he drives and gets pulled over by the cops.

They had a different HHS person when he was orginally hired, but this person was a strictly by the book type and as Keith ( the subject of all this shite) said, a corporate suit that sees everything in black and white.

Actually, if they did everything by the book they would have kept him employed, because they're not supposed to fire (or pressure to resign) an existing permanent resident employee for this reason. Their actions could land them with a big lawsuit.

 

[opalasattic]

Green card renewal update......more questions!

We just got a notice in the mail for his biometrics appointment today, and it's NOT the appointment we've got schedualed for Monday the 18th.....needless to say, I've got a few more questions!

I was under the impression that the appointment in Downtown LA was for his bios, and now since I know that it's not, I'm wondering what the hell IS it for?? Is this for his I90 so he can go back to work? Do they just want to interview him? BTW,we've already gotten written confirmation from his employers that he has his job back the moment he's got his papers in order, so that's one load off our minds...we've got it all in a nice neat little folder ready for viewing so if this is indeed a meeting regarding his employment elegibility. Any helpful speculations are welcome, kids!


Also, I noticed on the ACS letter in the upper right corner next to his USCIS #, there's a box that sez CODE 3....what does this mean?

 

[Jackolantern]

Did you get anything on paper confirming the appointment on the 18th? If not, disregard that and go to the one scheduled on the notice you just received.

Code 3 means they will take both his picture and fingerprints. No interview involved. If I remember correctly, Code 1 is just fingerprints without the picture.

 

[opalasattic]

Did you get anything on paper confirming the appointment on the 18th? If not, disregard that and go to the one scheduled on the notice you just received.

Code 3 means they will take both his picture and fingerprints. No interview involved. If I remember correctly, Code 1 is just fingerprints without the picture.

Yes we did. Keith seems to think that this first meeting has something to do with getting some sort of stamp or paper to so he can get back to work straight away, something called an I94. I'm not sure of that, but it was set up by the lawyer from the Immigration Legal Aid dept...hope so,anyway. We're gonna work on getting his birth certifcate tomorrow...we just have to fill out the application, have it stamped by a notatry public, then fax the paper to NZ..it should arrive within 8 days.

 

[Jackolantern]

Yes we did. Keith seems to think that this first meeting has something to do with getting some sort of stamp or paper to so he can get back to work straight away, something called an I94.

Maybe. If you take 2 pictures and the I-90 receipt and some other ID (I think the expired GC would be acceptable) to an Infopass appointment at an immigration office, they can give an I-94 with an I-551 stamp which serves as temporary proof of permanent residence. However, I've heard these days that they don't give that I-94 stamp any more, they'll only stamp the passport. Hopefully that's not the case. But bring the expired passport anyway just in case.

I'm not sure of that, but it was set up by the lawyer from the Immigration Legal Aid dept...hope so,anyway.

Talk to them to make sure what it is about; ask if it is an Infopass appointment.

 

[opalasattic]

Maybe. If you take 2 pictures and the I-90 receipt and some other ID (I think the expired GC would be acceptable) to an Infopass appointment at an immigration office, they can give an I-94 with an I-551 stamp which serves as temporary proof of permanent residence. However, I've heard these days that they don't give that I-94 stamp any more, they'll only stamp the passport. Hopefully that's not the case. But bring the expired passport anyway just in case.

Talk to them to make sure what it is about; ask if it is an Infopass appointment.

Just looked at the form and it is indeed an Infopass appt...he's got his I90 receipt,the photos, the same SS card he's had since he's been here, etc... so yeah, this is now all making sense. Basically, we're going in to speak to an agent about getting a temp proof so that he can go back to work now rather than wait for God knows how long for his actual GC to show up. Guess tha's why the img. guy we spoke to was telling us about how we should try and make a good impression and how his abilty to work would depend on which agent we get and what sort of mood he's in that day.I also think you're right about the I94 stamp...think what they do now is stamp your passport ,give you a paper to give to your employer and that's it. Only problem we have is that he does'nt have any current ID and that his PP is expired, but the fact that he aleady has an I90 stamp in it from the last time he had to do this back in 1991, maybe that might help. We've also got a paper from his boss that sez employment will be reinstated the moment he gets his documents sorted out....the guy we spoke to did tell us that getting an I94 was pretty hard to obtain these days, but he said if we have any problem ask to see a supervisor and if that does'nt go well, come back upstairs and he'll see what he could do. LOTS of drama, boy.......I'll be so glad when this nonsense is over!

 

[opalasattic]

Just wanted to post a fervent thanks to all you guys on the board for your sound advice....my Keith and I went down to his Infopass appt this morning and despite his PP and GC having expired and no current Ca ID we go his work authorization and GC extended for 6 months without a single problem. Hell, the agent didn't even turn a hair at the fact his PP'd been expired since 1991...he just smiled, entered some stuff into his computer, stamped the PP and sent us on our merry little way. Keith can go back to work as soon as tomorrow, ( once he passes that stupid pee test again...yickkk!!) and his biometrics appt is Monday,so to say that things are looking up is the understatement of the year! Again, thanks so much for everyone's advice, and we'll be sure to keep ya posted....good luck!

 

[Jackolantern]

Thanks for the update!

 

[Mrgreen]

hahah how can you live in california without ID or driver's license.. hahaha..

 

[opalasattic]

hahah how can you live in california without ID or driver's license.. hahaha..

Believe me, it ain't that hard! Anyway, things are gong well....biometrics done yesterday, job restarting first thing tomorrow morning with no interruptions in benefits etc.....needless to say they're being REALLY nice right now. Now here's a kicker for ya......after his bios, Keith went to the DMV to get his Ca ID and wouldja believe it, he was still in their database. Name, fingerprints, the whole sh'bangies....simply put, if he'd gone there right at the beginning, none of this would've even happened. I'd forgotten that after 1990 (or 1989, not sure) if your ID is lost, stolen etc you just go in, scan your prints and they issue a new one. Well whatever... all is back to where it should be!

 

[Jackolantern]

Good, he doesn't even need the GC for employment anymore, because the state ID with the unrestricted SS card is sufficient.

 

[opalasattic]

Good, he doesn't even need the GC for employment anymore, because the state ID with the unrestricted SS card is sufficient.

No kidding! I can't believe that after having gone thru a month of this shite the solution to our problem was there all along! Oh well, what's done is done, right? Thanx so much for the sage advice and good luck to everyone here....we'll let you know when the card arrives!