Work Permit while waiting for green card for APPROVED permanent residence (IR-2)

[migracionjr]

I have a relative who was approved to come to the US and her passport was stamped with "IR-2" under the class of admission. Her green card was sent to a physical address where no one was able to receive it on her behalf. USCIS had not updated their records to the latest physical address where she was going to be. She called USCIS and they told her that her card was destroyed and they needed to issue a new one. She requested the issuing of a new one. This was done in November 2022. Until now she has not received the replacement of her card.
QUESTIONS:

1 - Should she go ahead and request a work permit while she waits for her card replacement? so she could legally work while she waits for it

2- Would the new card show her as a resident since the time she came to the US(April 2022) or would it have a newer date?

John

[newacct]

She immediately became a US permanent resident (i.e. green card holder) the moment she entered the US with her immigrant visa. Her "resident since" date will be the date she entered the US. As a US permanent resident, she cannot get an EAD. She needs to get proof of permanent residency, which is a green card (which is an I-551), or a type of temporary I-551. The immigrant visa that she entered the US with automatically turned into a temporary I-551 for one year after the date of entry, so it functioned as a temporary I-551 until April 2023. That already passed, so it is of no use anymore. While waiting to receive her green card, she should call USCIS to get a temporary I-551 stamp (ADIT stamp), which is an ink stamp that is usually valid for 1 year. They will either put the I-551 stamp on her passport or on a separate piece of I-94 paper. Recently, they have started issuing the I-551 stamp by mail.

By the way, IR2 means unmarried under-21 child of a US citizen. Was the US citizen her biological parent, adoptive parent, or her stepparent? What age was she when she entered the US? If she was a permanent resident (which she would be on the date of entry), under 18, living in the US in the custody of a US citizen biological or adoptive parent, then she would have automatically become a US citizen under INA 320. In that case, she should apply for a US passport instead.

[migracionjr]

Thank you so much "newacct" for your insightful replies. Here are the answers to your questions:

- The US Citizen is her legal father(stepfather)
- She was 22 years old when she entered the US in April 2022. It would be great if she would be considered a US Citizen instead.

Regarding a document to work, would that document "I-551" would be enough for any employer to hire her? Would they be satisfied with that temporary evidence?

The next step based on the link you provided should be this one, contact USCIS:

"When lawful permanent residents call the USCIS Contact Center to request temporary evidence of status, an immigration services officer will verify their identity, their physical mailing address, and whether that address can receive UPS or FedEx express mail. They will then either schedule an in-person appointment for the lawful permanent resident, if needed, or submit a request to the USCIS field office to issue the ADIT stamp. If an in-person appointment is not needed, the USCIS field office will review the request for temporary evidence and mail the applicant a Form I-94 with ADIT stamp, DHS seal, and a printed photo of the lawful permanent resident obtained from USCIS systems."

Thank you so much.

John

[newacct]

Yes, an I-551 stamp is proof of work authorization for the I-9. A passport with an I-551 stamp is a List A document. An I-94 with an I-551 stamp is an "acceptable receipt" for a List A document.