Is USCIS forced to issue EAD?

[kotzfunkel 0]

This is my situation:

USCIS received my I-485, I765, and I-130 on 10/17/11. They requested additional evidence which took me about 5 days to gather before I sent it back. The additional evidence was received on 11/17/11, and I was told

"We will notify you by mail when we make a decision or if we need something from you. You should expect to receive a written decision or written update within 60 days of the date we received your response unless fingerprint processing or an interview are standard parts of case processing and have not yet been completed"

My biometrics appointment was on 11/21/11, and I expected to hear something from USCIS no later than the end of January.

Here's my question:

Is USCIS forced to issue me an EAD at some point or can they take as much time as they want? I called the hotline and all they could do was write an inquiry to the national benefits center with processes my application. They said it takes 2 to 3 weeks to hear more about the status of the I-765. Does anyone know if there's something I can do or should I just be patient and wait it out? Any advice or opinion will be appreciated. Thanks!

[Harpa Timsah 13,258]

Be patient.

[Gary and Alla 3,694]

This is my situation:

USCIS received my I-485, I765, and I-130 on 10/17/11. They requested additional evidence which took me about 5 days to gather before I sent it back. The additional evidence was received on 11/17/11, and I was told

"We will notify you by mail when we make a decision or if we need something from you. You should expect to receive a written decision or written update within 60 days of the date we received your response unless fingerprint processing or an interview are standard parts of case processing and have not yet been completed"

My biometrics appointment was on 11/21/11, and I expected to hear something from USCIS no later than the end of January.

Here's my question:

Is USCIS forced to issue me an EAD at some point or can they take as much time as they want? I called the hotline and all they could do was write an inquiry to the national benefits center with processes my application. They said it takes 2 to 3 weeks to hear more about the status of the I-765. Does anyone know if there's something I can do or should I just be patient and wait it out? Any advice or opinion will be appreciated. Thanks!

There is no law that FORCES them to do anything.

[Inky 1,110]

There are many people who apply for an EAD and never get one.

[kotzfunkel 0]

Okay, maybe I didn't phrase it correctly. I guess what I was asking was if USCIS has to process my application in a certain time frame. I wasn't so much asking about getting my I-765 approved; rather to hear a decision.

[tokyobelle 2]

you filed around the same time i did...so based on your NOA1, you should have received your card by January. it might have slowed down because of the RFE. did they file a service request when you called USCIS? what i did was i called them and asked for a Tier 2 officer and then she told me to wait but after that call things got moving, my EAD was approved that same day.

[kotzfunkel 0]

I don't think they filed a service request. I spoke to a Tier 2 officer and was told that they can't find out more about my I-485. Then I asked about my I-765, and they sent an inquiry to the national benefits center. What is a service request? How do I go about that?

[tokyobelle 2]

I don't think they filed a service request. I spoke to a Tier 2 officer and was told that they can't find out more about my I-485. Then I asked about my I-765, and they sent an inquiry to the national benefits center. What is a service request? How do I go about that?

sorry for the late reply. you can speak again with the Tier 2 officer and ask a service request to be filed. if they have sent an inquiry to the national benefits center, i am thinking they should have given you a reference number or service request number. EAD processing time is supposed to be 3 months. you could also make an infopass appointment, whichever is more convenient for you.

[kotzfunkel 0]

Yes, I got a referral ID # from the officer. Infopass appointment as in an appointment at my local USCIS office?

[tokyobelle 2]

Yes, I got a referral ID # from the officer. Infopass appointment as in an appointment at my local USCIS office?

if you got a referral ID, then they filed for the service request and you should get a response (e-mail) from the office handling your EAD about the status of your application in 60 days. yes, infopass is an appointment at your local USCIS office. since you have a referral ID, you may just want to call them back, give the referral # and check what's going on.

[kotzfunkel 0]

Okay, cool. I was told that I will hear from them in writing within 3 weeks, so hopefully I won't have to wait another 60 days. I think I will wait for the response of my inquiry before I make an appointment at the local office though. Thanks for all your help, tokyobelle!