Check Green Card

Question:

My question is, can I start working before I get the actual green card? Because I do have the approval letter. And how long will I have to wait to get my actual green card? This seems way too long.

Answer:

I was approved for a Green Card by a judge in march, everything went good. I was sent a letter from the INS stating that I need to come in so I can turn in my work permit card and they can stamp my passport for traveling purposes.

What actually happened was that they took my work permit, but they said they couldn't stamp my passport because my background check hasn't been finished yet. It seemed like they were saying the same thing to everyone there. To this day I still haven't gotten my actual green card in the mail or the stamp yet, but I do have my approval letter from the court.

I was in a similar situation when I had the conditions removed from my green card. They approved me but said they couldn't stamp my passport for 30 days. I was advised that if I hadn't received the green card in 30 days (which I didn't - it took about 3 months), I should return to their office to get a stamp.

Since it's been 6 months, I'd go back and ask for a stamp if I were you. You may be able to do it at an Application Support Center, rather than having to go back to the office where you had your interview, if that's more convenient.

At this point, in order to be employed legally, you must be able to show your employer your actual permanent resident card, the stamp in your passport (which is temporary evidence of PR status), or an EAD.

It sounds as if, despite the letter from the court, you do not actually have permanent resident status. If you did, you would have obtained a stamp in your passport. It's too bad they took your EAD, because until you obtain PR status, you are eligible to work authorized by the EAD.

I suggest that you ask for help from your Congressperson, the Member of the House of Representatives from your district. Call the local office.

Just curious. Are you referring to the local office of the congressperson and house of representative?

Why do the immigration say that the GC is approved before they are done with background check?

I was thinking to move to another state as soon as I get EAD (from doing AOS) and come back for the interview for AOS, but now it seems that I should wait till I get the stamp. But, if I were to ask to tranfer my case to the district office in the city of the new state I move to, woul the new office process my case based on receipt notice date given by the initial district office or would they give me another receipt notice date?

Ignoring whether it's legal for you to work(!), the question is, can you complete an I-9, as that is all an employer requires. One combination of documents that is accepted for an I-9 is driver's licence plus social security card (the latter not stamped to say that you can't work). If you have those you can get a job, and hopefully the green card will arrive eventually.

Is that legal? Maybe not. Will anyone find out? Only if you fail to get security clearance. With the backlog on security checks what do they expect people to do? Once you have the GC no-one will care that you started work first.

Show the employer the document you have, i.e. the approval letter. If you lie to them you could lose your job later, but they aren't likely to really understand that it's not final without the passport stamp. Is that deceptive? Not really. After all, you have no reason to beleive that you will fail a security check (unless you do)?

Of course, it would be legal because I would move only after I get EAD (applied at the time of AOS application); right now I am in school. I was referring to waiting to get GC stamp.

is >driver's licence plus social security card (the latter not stamped to say >that you can't work). If you have those you can get a job, and hopefully the >green card will arrive eventually.

Here in this city, processing date (for AOS) in district office seems to be pretty fast. That's why I am tempted not to request to forward my application to a new city (in another state) if I do move since the processing date (for AOS) at the district office there seems to be taking twice as long. But,

BTW, is that security check the same thing as the one done on me when I applied for DL for the first time in this state last year after moving from another state? At the time, I was told that I would get my DL in the mail in 30 days but it didn't arrive in 30 days. When I called, I was instructed to call another office. I waited for about 3 more weeks, and then called that office.

The lady asked me what's my status. I said, I was going to school in *that state*, just graduated and moved to this state. (Graduated in summer '03 and applied for DL her on August 6, 2003). She said, we were waiting for the clearance from Homeland Security and it just arrived. And she said, I'll mail out your DL license today.

Since I showed the DL from the previous state (in fact, that one was a repaclement one less than 10 months old because I lot my wallet; to get replacement, I just mentioned that I lost my wallet and gave them my DL number. Of course, I had been living in that city for a long time at that point of time), I wonder why it was a big deal to issue me one in this state.

May be it was because instead of Birth Certificate (oversea certificate), I showed my passport which had an F-1 stamp when I applied for DL here?

No. I won't fail security checked. I have the clearance last September when applied for DL in this state - my first time applying have. I have only got traffic ticket (I took driving school for it) since then or before.

BTW, Do you know whether I'll have to get in line for AOS appointment again if I request to move my AOS application from this city to the new city I move to? By "if I request to move my AOS application from this city to the new city I move to", I mean updating my address using address updating form.

Also, finger printing has to be done only at the office I am sent to, right? So, If I move to a new city and continue my AOS application in current city, I would need to make a trip to finger printing office they send me to, right?