SEEKING ADVICE ASAP! WR-822 LAG Form

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chemistryqueen

Registered Users (C)
I had my interview yesterday and passed my civics and language test. But a decision was not made right away. Then the officer hands me a WR-822 LAG form, asking me to provide documents pertaining to my father's employment at the time that the GC was issued. The GC was issued in 1993! They specifically asked for W-2s and/or paycheck stubs. The lawyers that my father worked with to obtain the GC have either passed away or are no longer practicing. The law firm that my father used no longer has records from 1993. I don't even think the IRS keeps W-2s from 1993. The company that my father worked for no longer exists, therefore no documents exists. I have 30 days to submit the necessary documentation or my application will be denied. Should I just get denied and then go through the appeal process afterwards? Should I retain a lawyer now? I desperately need advice...any advice will be appreciated. I am at a complete loss right now.
 
Did your father obtain his GC through employment, and did you obtain your green card as his derivative beneficiary?

Did your father become a citizen, or get deported?
 
Jackolantern said:
Did your father obtain his GC through employment, and did you obtain your green card as his derivative beneficiary?

Yes, he obtained the GCs through his employment and I was only 13 at the time, so I was his derivative beneficiary.

Did your father become a citizen, or get deported?
Click to expand...

No, my father is still not a citizen and he did not get deported.
 
What they're requesting is absurd. It's one thing to request this information about the applicant's own employment, but it's ridiculous of them to expect you to dig up information about your father's employment 20 years ago when you were a child.

Get a lawyer, and respond to this request with a letter from the lawyer stating that you are unable to obtain this information from 1993 when you were a child, so they will have to make their decision based on the information they already have. And ask the lawyer to look for any precedents or regulations (and cite them in the letter) against USCIS denying naturalization based on the applicant's inability to comply with unreasonable requests for information. If you have evidence of when the firm stopped doing business, the letter should state that fact, and attach the evidence to the lawyer's letter.

It'll cost a few hundred dollars, maybe a thousand, for the lawyer to write this letter, but if you have to appeal it will cost more. When they realize you have a lawyer on their side they will think twice before denying you based on this nonsense, which hopefully would make the appeal unnecessary.

When you talk to lawyers about it, get them to agree to a fixed price to write the letter rather than a per-hour basis. If you let them charge per hour they might spend all day writing a 30-page letter and charge you thousands of dollars. If one won't agree to a fixed price, find another who will.

No, my father is still not a citizen and he did not get deported.
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OK, I was wondering if something went wrong with his citizenship process due to his employment situation in 1993, which led them to go after you next.
 
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Jackolantern

Thank you for your advice! I've seen your name in several posts so I feel good about the advice you're lending. I will start the process of obtaining a lawyer. Hopefully things will work out. Thanks, again!
 
Did your father ever apply for citizenship? I wonder what led them to believe something was wrong with his employment (or lack thereof) in 1993.
 
chemistryqueen said:
I'm not really familiar with USCIS record retention practices/SOPs. Maybe I should call USCIS?
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If your parents' GC is employment based, then some W-2 etc should be there. But SInce USCIS(former INS)
did not alway s require interviewq and leater submission of any evidece, so your father's W-2 with USCIS
may not be up to teh time the GC was granted, rather they were from teh time of filing I-140-$85 etc.

If USCIS this requires you to send yoru father's W2 at the time and rigth after time of GC grant date,
you may be in some trouble of aquiring them. Do you have any reason why USCIS ask for them?
If your father got his GC fair and square, In theory, you can just tell USCIS in their face "go to hell"
but in real life, you cna not offend them so you need to explain in nice words that it is impossible
to provide such docuemnts any miore
 
WBH said:
If your parents' GC is employment based, then some W-2 etc should be there. But SInce USCIS(former INS)
did not alway s require interviewq and leater submission of any evidece, so your father's W-2 with USCIS
may not be up to teh time the GC was granted, rather they were from teh time of filing I-140-$85 etc.

If USCIS this requires you to send yoru father's W2 at the time and rigth after time of GC grant date,
you may be in some trouble of aquiring them. Do you have any reason why USCIS ask for them?
If your father got his GC fair and square, In theory, you can just tell USCIS in their face "go to hell"
but in real life, you cna not offend them so you need to explain in nice words that it is impossible
to provide such docuemnts any miore
Click to expand...

Yes, my father acquired the GCs legally. I can't think of any reason why they would be questioning it. I'm in such a loss right now...I'm not sure what they want.
 
chemistryqueen said:
Yes, my father acquired the GCs legally. I can't think of any reason why they would be questioning it. I'm in such a loss right now...I'm not sure what they want.
Click to expand...

There is nothing much you can do. If you can provide what they need, then provide them, otherwise
write a letter nicely explaining that no one keep those records for that long and you
really can not provide them and "beg" for their understanding and reasonbleness.

Of course, a lession is that keep as much of the past stuff as possible. I am not sure after citizenship
we still need to do that or not
 
The letter from the lawyer will probably straighten them out.

And even if they deny your case, you'll surely win the appeal, unless they have specific evidence that your father acquired his green card improperly.
 
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