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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 108681
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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, I have a card/work permit that expired this last May

Customer Question

Customer: ***** *****
JA: Thanks. Can you give me any more details about your issue?
Customer: I have a green card/work permit that expired this last May that was issued 10 years ago. I have been in the US for 30 years. I just got a job offer and realized my card is expired. Can I still get the job while processing my renewal or getting my citizenship?
JA: OK got it. Last thing — JustAnswer charges a fee (generally around $18) to post your type of question to Immigration Law Experts (you only pay if satisfied). There are a couple customers ahead of you. Are you willing to wait a bit?
Customer: Sure.
JA: OK. Now I'm going to take you to a page to place a secure deposit with JustAnswer. Don't worry, this chat is saved. After that, we will finish helping you.
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Hello! My name is***** and I am a licensed attorney with more than 13 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help.

How soon do you have to begin working for the new employer? Have you filed yet to renew the card? Is the new employer asking for a new card?

Customer: replied 1 year ago.
The new job will begin in Jan 2015. I will be filing for renewal or citizenship online tonight. The employer has not asked for work permit, but I assume it will be brought up since my birth certificate is non U.S and the following question would lead up to the citizenship or green card.
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Do you have a social security card that says that it is only valid with work authorization?

Customer: replied 1 year ago.
No my card doesnt have that anymore.
Customer: replied 1 year ago.
I figured that my drivers license and social security would be enough, since the social security does't have any restrictions. I was asked to bring birth certificate, passport, stated or government issued I.D's by the HR representative at UCLA.
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Ok. Even though it may cost you a little more, in order to be secure with the job, I would recommend filing to renew the Residency. Why? Because if you apply directly for U.S. Citizenship, you will get a receipt for filing, but that receipt will not be accepted by an employer as proof of work authorization. You MIGHT get by with just your social security card and your expired 10 year green card, but to be on the safe side, I would file an I-90 now. Within a few weeks, you will get a receipt for that I-90. At that point, you would go to http://infopass.uscis.gov/ and make an appointment to speak with a USCIS officer in person. Take your passport, your green card and your I-90 receipt to that interview. Ask them to stamp your passport with a temporary I-551 stamp. This will be proof that you are an LPR and will allow you to work and travel using it for at least a year. With this stamp, your new employer should have no issue with your authorization to work.

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! When we are done, if you would be so kind as to leave a positive rating for my service, I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. You can even ask additional questions without additional charge even after leaving a positive rating. Thank you for your understanding.

Customer: replied 1 year ago.
I see what you mean. Today I spoke to USCIS representative about the renewal process and was told it would take up to 8 months. The receipt would take 10 days. I tried setting a date for in person meeting via online in advance but there is not appointment open. Is there any documents that I can provide the employer that I am a lawful resident? I assume that the green card ensures my residency and work restrictions since I am also a long the US resident.
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Unfortunately, there is not. The truth is that you are still an LPR even with an expired card, but the only thing that an employer is able to accept is on this list on the last page:

http://www.uscis.gov/sites/default/files/files/form/i-9.pdf

I would keep trying to make an appointment because people cancel all the time and worse comes to worse, you could try walking in, though I cannot guarantee that they will take you without an appointment. Your employer may have to wait until you are able to get that stamp.

Let me know if you need anything else, but please do not forget to rate me positively. You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. Thank you!

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Hello Michael. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!