I know this from my own experience, HR departments in most smaller companies in the US are unfamiliar with US immigration laws and are sometimes cavalier about the forms. When a mistake is made they think that it's just an oopsy and it'll work itself out. They have to fill out I-9s all the time even for American employees. It would be easy for someone to just fill it out by rote not realizing the horrible consequence. Also speaking from experience, even specialist lawyers make mistakes so getting an immigration specialist does not inoculate you from a game over situation. The decisions are often arbitrary and not consistent. This is even more an issue when directly dealing with a border agent who has infinite power, is not a lawyer, yet has to deal with nuances of immigration law. You can't appeal (unless perhaps you go the congress route but I've am not familiar with that option). All the people here who bravely sit in their high tower and pronounce judgement about this consequential error have either never had to face the same situation but I'm sure they've all had bad speeding tickets and other bureaucratic errors go against them. I'm sure they feel much different then even when the consequences are not as severe. And if you really just think tough luck you deserved it then you are just a bad person.
This might help; it might not:<p><a href="https://en.wikipedia.org/wiki/Ombudsman" rel="nofollow">https://en.wikipedia.org/wiki/Ombudsman</a><p>Excerpt:<p>"Members of the United States Congress serve as federal-level ombudsmen in their oversight capacity over federal agencies, and employ staff specifically dedicated to legal compliance enforcement and investigations of maladministration on behalf of constituents."<p>So, maybe write to some of the members of United States Congress, and/or the people that work in their offices (staffers)...<p>Also see:<p><a href="https://en.wikipedia.org/wiki/Ombudsmen_in_the_United_States" rel="nofollow">https://en.wikipedia.org/wiki/Ombudsmen_in_the_United_States</a><p>Opinion: The U.S. could use more Ombudsmen, specifically at Federal, State, Local, and Agency levels...<p><a href="https://en.wikipedia.org/wiki/Separation_of_powers" rel="nofollow">https://en.wikipedia.org/wiki/Separation_of_powers</a><p>"Separation of powers, therefore, refers to the division of responsibilities into distinct branches of government to limit any one branch from exercising the core functions of another. The intent of separation of powers is to <i>prevent the concentration of unchecked power by providing for checks and balances</i>."<p>Not saying I'm right... those are just one man's opinions...<p>Anyway, good luck with your case!
The morale of the story: don't sign incomplete forms.<p>As for the GC case, I believe he can still make it work if he makes enough noise to get noticed by governor-level politicians. As a backup plan, he can immigrate to Canada: about the same culture, with only a few minor differences.<p>Whether he really needs to make it work is another question. As I get older, from time to time I entertain the idea of eventually retiring to a cheaper country, as the likely alternative is be robbed by the cruel healthcare system in my 50s or 60s.<p>I agree that America is the best place for ambitious smart single dudes without health problems, but as those dudes get older, they quickly realize that their exceptionally well paying job doesn't buy them a house near their workplace (especially in SF!), that all the family related things are ludicrously expensive and that any moderately severe health issues will empty their nice 500k savings accounts real quick.
The only real way to get something like this fixed is (if you live in SF proper) to contact Rep Nancy Pelosi’s office, or Sen Feinstein or Harris’ offices.<p>I know someone who had their GC application indefinitely postponed by USCIS until Pelosi’s office started asking questions. Then it was magically approved.
Although it is possible this kind of insanity could be legally reversed, the personal strain and financial cost would be huge. Purely pragmatically and not because it's right, I would get on with my life in some other country and try to put this behind me.<p>What a stupid situation
> When taking the job, I signed an incomplete I-9 application, which later was completed by the employer stating that I was a U.S. citizen.<p>This seems real shady on the employer’s part. I wonder if that is something they encouraged.
Remind me of a UK national I know who used to work for one of the biggest US corporation in the 90s. He was based in the US and had to come to a trade show in Europe at the time of his work permit renewal. For some reason that's still unclear, it was denied. As he had a rather high level position, the company set their best lawyers on the case. The CEO was even involved and phoned his connections. Still no dice.<p>He ended up working for one of their European offices. The weird part is that he could still travel freely to the US without visa, so it was not even some security agency interference (and it was before 9/11 anyway.)
This guy (immigration lawyer) is good at resolving these kinds on SNAFUs.<p><a href="https://www.kuver.com/" rel="nofollow">https://www.kuver.com/</a>
US immigration law is so draconian with so many gotchas, it's impossible for any person to keep track of all the actions they need to take.<p>This linkedin post is an example of one of those gotchas.<p>Does anyone know that employers need to reverify I-9 docs for visa hires everytime they get a new ead card or a new I-797? Does anyone know that drivers license needs to be renewed every single time? Whoch means taking an appointment, standing there for a day and showing the same shit documents all over again? Only to receive the drivers license after 2 months by snail mail?<p>Does anyone know that this has to be done even if they change jobs?<p>Does anyone know that if they move from one location to another they not only have to refile paperwork with USCIS, they also have to update every change in their address?<p>Oh btw, god forbid the USCIS cannot process documents in time (six months). They will then straggle along for 180 days or 240 days or god knows what number of days apply to what cases. What happens to I-9 in these cases? What happens to drivers license in these cases? Is the employee supposed to continue working or what?<p>What happens if the employer forgets a step? What happens if a lawyer makes a tiny mistake? What happens if the arrogant jerk of border control makes a mistake during reentry in the US? Why does the US consulate need to have everyone give an appointment with ALL documents again and again just to stamp a visa? What happens when they delay the process?<p>And I haven't even started talking about green card yet. Imagine doing all of the above for 10 years, 20 years and then being trapped for a gotcha in some paperwork somewhere? A mistake by a lawyer, by some employer. Wtf!!! Are they supposed to abandon their family, kids, friends and leave the country for this gotcha?<p>Are they saying that USCIS never makes mistakes?<p>I could go on and on. The process is incredibly bureaucratic and nightmarish. People lose their mental and physical health dealing with this shit. Families get separated routinely because of bureaucratic anarchy.<p>And this is all for EDUCATED workers and immigrants. This does not even scratch it for refugees, daca and others.<p>My serious advice to anyone who likes their life is to not come to the US. If you are already in the US, exit now. Take your job and projects with you. Go to another country where you can focus on your family, kids and maybe a business.
This is an unpopular position, but nevertheless it is the truth: No one has the right to emigrate to the United States. No one. No other country is criticized so heavily for having stringent immigration policies, this despite the fact that the US immigration policies are some of the loosest in the world.
This story doesn’t pass the smell test. Author claims their employer did the necessary and expensive legwork to get them a US work visa, then author signed an incomplete I9 and their employer filled it out incorrectly without double checking the necessary documents, then the people responsible move and the company folds. I guess stranger things have happened but seems likely to me this was visa fraud.
>Obviously, it was a genuine human error<p>i'm not sure what about that is obvious.<p>And even if we accept that this was human error, when the form you're signing says in big print multiple times that you can go to jail for filling it out wrong, maybe don't just skip that section? I understand that this is a hard situation for this guy, but simplifying this as "one checkmark" is pretty silly. His argument that he didn't check that box is beside the point - he signed his name to an inaccurate form, which still puts him in the situation of misrepresenting his identity.<p>The guy wasn't some refugee fleeing a country under exceptional circumstances, he was a well-off professional moving for work. there's no excuse for not hiring an immigration lawyer to make sure all the paperwork is absolutely perfect in addition to taking a huge amount of care and double checking everything.