Options for Green Card Holders seeking proof of U.S. immigration status to comply with I-9 requirements.
The global COVID-19 pandemic has resulted in many disruptions to USCIS processes and procedures. In addition to field office closures and processing delays, many permanent residents have reported that they are having a difficult time obtaining proof of their U.S. immigration status from USCIS after their green card or other evidence of status has expired. For some, this can mean the difference between having a job and not having a job, since, despite the COVID-19 pandemic, employers must still comply with I-9 requirements and therefore expect that permanent residents will have green cards or other evidence to prove that they are authorized to work in the U.S.
The first thing you can do to try and obtain documentation and proof of your status as a permanent resident is to call the USCIS Contact Center at (800) 375-5283. Once you are connected to a live representative, you should request an appointment at a USCIS Field Office so that you can get a temporary Form I-551 stamp as evidence of your status as a lawful permanent resident. According to USCIS (on its website), they have assigned priority to this task and are currently scheduling emergency document services as soon as possible, under the circumstances.
Under the applicable regulations, lawful permanent residents are required by law to carry and possess proof of their U.S. immigration status. Notably, however, USCIS is not accepting as proof of an emergency that a lawful permanent resident does not have a green card or that the card is expiring (or has expired). To my knowledge, this by itself, cannot be used as proof of the emergency required in order to obtain a local USCIS appointment to go in and obtain a temporary stamp.
With that in mind, note that USCIS has stated that it will accept and consider any reasons related to employment authorization verification so long as you can provide documentary proof of your emergency. Thus, when contacting USCIS or dealing directly with a USCIS officer, you should be prepared to explain the reason for your emergency request and to provide written documentation to support your explanation. An example of written documentation would be a letter from your employer explaining your need for documentation from USCIS of your U.S. immigration status and authority to work.
If, after attempting to schedule an appointment, USCIS will not give you an appointment or will not provide you with proof of your status as a lawful permanent resident, you can try to contact the Department of Justice Immigrant and Employee Rights Section by calling (800) 255-7688. In certain circumstances, a representative of the Immigrant and Employee Rights Section may be able to follow up directly with USCIS to ask for additional information or guidance so that you can obtain proof of your status and authorization to work in the U.S.
If you have questions about this post, contact U.S. Immigration Lawyer Sean D. Hummel to schedule a consultation today!
