AOS March 2016 filers/Part 2

[Linyahui 103]

10 hours ago, sparkles_ said:

Not tonight, but for my last infopass in December I got that for a few days til it finally fixed itself. 

Thanks, Sparkles. It seems to be working now, but no available appointments (of course!). 

 

A former colleague of one of my current colleagues apparently used to work with USCIS or an affiliated agency. She's connected me with him so he can do a little digging into our case status (it's all in who you know!). Fingers crossed we can at least determine why the case is so delayed....

[sparkles_ 456]

1 hour ago, Linyahui said:

Thanks, Sparkles. It seems to be working now, but no available appointments (of course!). 

 

A former colleague of one of my current colleagues apparently used to work with USCIS or an affiliated agency. She's connected me with him so he can do a little digging into our case status (it's all in who you know!). Fingers crossed we can at least determine why the case is so delayed....

Oh my god, maybe ask if long background checks are more common than we think! 

[sparkles_ 456]

Well guys, a little more fuel to the fml fire. Uscis released a statement they they won't process EADs within the typical 90 days anymore. And anyone who had one and is renewing, their old one is automatically valid proof for working along with the NOA1 for 180 days (I heard 90 but it's a full 6mo) after the old one expires. It's also on the new upcoming i9 employer forms. I have a few links on deck about this, about how to handle an employer who doesn't know or isn't familiar with the new law that started Jan 27 as well as the uscis statement about it. Will post those tonight. I'm just hoping our state's DMV isn't out of the loop because license expiry here is tied to the end date on your driver license. 

 

I wish i knew how to post a screen shot here along with those links for ease of reading. 

[Linyahui 103]

1 hour ago, sparkles_ said:

Well guys, a little more fuel to the fml fire. Uscis released a statement they they won't process EADs within the typical 90 days anymore. And anyone who had one and is renewing, their old one is automatically valid proof for working along with the NOA1 for 180 days (I heard 90 but it's a full 6mo) after the old one expires. It's also on the new upcoming i9 employer forms. I have a few links on deck about this, about how to handle an employer who doesn't know or isn't familiar with the new law that started Jan 27 as well as the uscis statement about it. Will post those tonight. I'm just hoping our state's DMV isn't out of the loop because license expiry here is tied to the end date on your driver license. 

 

I wish i knew how to post a screen shot here along with those links for ease of reading. 

My first reaction was @#*)$@#%*&@)#%*@)#%*)@, but then I continued reading your post and found that we at least get a 180 day grace period. I'm sure USCIS is getting inundated with calls (for good reason) by many terrified GC holders and others going through the process to get one, like us.

 

I'm going to try to impose a 24-hour moratorium on consuming any news or current events, beginning at 5:00 PM. I just need a mental break. Wish me luck.

 

Also, update about my USCIS connection: my colleague called his contact at USCIS on Fri afternoon, but the guy is (understandably) tied up with other issues. He said he'd try calling again this afternoon, but I doubt we'll be able to get any information for the next couple of weeks. I'm sure our case is even lower on the list of priorities now. Probably why our congresswoman hasn't been able to help, either. 

 

Can't give up! At least we're together. Thank God we're already through the K-1 process and he is already in the U.S. I have to be grateful for that. 

[sparkles_ 456]

I'm lazy to double post. Link and screenshot in the above pasted thread about new EAD rules

[msmontader 10]

I just saw this post from the lawyer Hiba Ghalib :

Notice: I confirmed with an officer that they received instructions from HQ that they are not adjudicating to completion any applications with Immigration- they are interpreting the EO and everything is currently ON HOLD for nationals of the 7 designated banned countries. This means that we are not adjudicating any applications for nationals of Iraq, Syria, Iran, Libya, Yemen, Somalia, and Sudan. This includes green card applications(I-485), work permits (I765), change of status (I-539), among others.

What is this !!!!

[Ninahi 53]

30 minutes ago, msmontader said:

I just saw this post from the lawyer Hiba Ghalib :

Notice: I confirmed with an officer that they received instructions from HQ that they are not adjudicating to completion any applications with Immigration- they are interpreting the EO and everything is currently ON HOLD for nationals of the 7 designated banned countries. This means that we are not adjudicating any applications for nationals of Iraq, Syria, Iran, Libya, Yemen, Somalia, and Sudan. This includes green card applications(I-485), work permits (I765), change of status (I-539), among others.

What is this !!!!

What a load of bullrefuse! I deeply hope that there are dissidents within the USCIS who will "accidentally" process anyway or who genuinely just didn't know (wouldn't be anything new) and carry on like normal. I can't believe they can halt processes for people who have already been through all kinds of vetting processes and are residing in the US. This is the worst kind of nonsense! I am so angry!

I just wish this madness can't go on like this. I fear it will.

[sparkles_ 456]

5 hours ago, msmontader said:

I just saw this post from the lawyer Hiba Ghalib :

Notice: I confirmed with an officer that they received instructions from HQ that they are not adjudicating to completion any applications with Immigration- they are interpreting the EO and everything is currently ON HOLD for nationals of the 7 designated banned countries. This means that we are not adjudicating any applications for nationals of Iraq, Syria, Iran, Libya, Yemen, Somalia, and Sudan. This includes green card applications(I-485), work permits (I765), change of status (I-539), among others.

What is this !!!!

Wowwwwwww. What the fresh hell is this!? I hope the ACLU shoots this down hard and for good either totally or by means of a less harsh interpretation. Send your EAD renewal anyway and get that NOA1. It honestly can not hurt at this point, since once you get it the old EAD is considered extended for 180 days. Again, I know it says they aren't processing but you would at least get the proof of an NOA1 which is basically just saying we got your application.....sounds like a possible loophole in light of what I posted about the EAD before. I'm not a lawyer but I do know how to read and comprehend, it's pretty straight forward about just needing that in the uscis release and i9 stuff....no mention of the 7 being excluded from that. 

 

Maybe this is why that automatic ead extension rule was done on 1.27.17. I have no idea why this is still happening. However, I'm 95% sure you will be able to keep legally working for 6mo after your old EAD expires and by then all this vomit should be done. I know you mentioned school debt after and I come close to crying for you about that, it's not fair at all the way you're being done concerning AOS for just happening to be born in a country. Right now you need to focus on the keeping a valid EAD or work right to ride this stuff out to the end above anything.

 

This should be all of our goal ultimately during this horrible and uncertain time. AOS will happen in the end, lets worry over keeping legal work permission first and foremost. 

 

If you are feeling you may need legal counsel, or just to run questions by, there are pro bono or low bono immigration lawyers out there. I saw that with my own eyes when we had to go to immigration court. Which also, let me tell you as a worst case scenario, even if that does ever does happen to you ( I know there is all this talk about deporting) not a thing will come of it ultimately because you have what's called a relief option via marriage. I don't know if you are a worrying person like I am, but I hope all this put you at least a little at ease about things. 

 

Side note, it would be good to know if not adjudicating means they will accept and just not process any applications and pend them from inside the states, or if they will flatly deny them. 

[daveyjoe! 5]

As I had mentioned before our interview is at 2:15PM on February 23rd. 

 

OF COURSE the interview comes at the worst moment, when both of us are unemployed. - What are some things we can do to mitigate the damage this will do to our consideration? Should I be freaking out should we not be able to find jobs prior? The past 2 years have been very rough for my work situation as my freelancing took a downward turn. Over the past 5 months I've been interviewing and applying like crazy but having not so good luck. Any thoughts or advice?

-- Nothing quite like adding the threat of your spouse's deportation to add to the already anxiety-ridden stakes of unemployment to REALLY test the strength of your anti-depressants, am I right? -- 

[fort knox 3]

 friends,

We did our interview. the process was the same as all others.

Officer was very nice and asked some straight forward question:

to my wife(citizen): tell me how two you met?

to me: the same question.

to my wife: have you learned naything from his language?

to me: based on paper you are student in University of .... ? yes

to me: are you still student? yes

asked me for picture album, officer skimmed pictures and was turning album pages very fast.

when finished, I asked do you want to look at my documents? No, pictures are enough, there is no need to look at the documents. 

.

.

at the end.... 

officer: we done

me: !! 

officer: I am convinced, and want to issue your card.... but your background check is still incomplete. i am gonna send the card to your address as soon as i receive your background check.

I am shocked how my background check is still incomplete!! cause i thought people who go to interview their background check is already done.

If anybody had experience about this or heard about this please let me know. 

 

 

Edited February 1, 2017 by fort knox

[msmontader 10]

9 hours ago, Ninahi said:

What a load of bullrefuse! I deeply hope that there are dissidents within the USCIS who will "accidentally" process anyway or who genuinely just didn't know (wouldn't be anything new) and carry on like normal. I can't believe they can halt processes for people who have already been through all kinds of vetting processes and are residing in the US. This is the worst kind of nonsense! I am so angry!

I just wish this madness can't go on like this. I fear it will.

I don't know what is the pause for. I have lived here since 2011. I go to school here and i am married. I been through like three different background security checks since i had an asylum case back in 2011. I feel hopeless and psychologically collapsed.  

[msmontader 10]

4 hours ago, sparkles_ said:

Wowwwwwww. What the fresh hell is this!? I hope the ACLU shoots this down hard and for good either totally or by means of a less harsh interpretation. Send your EAD renewal anyway and get that NOA1. It honestly can not hurt at this point, since once you get it the old EAD is considered extended for 180 days. Again, I know it says they aren't processing but you would at least get the proof of an NOA1 which is basically just saying we got your application.....sounds like a possible loophole in light of what I posted about the EAD before. I'm not a lawyer but I do know how to read and comprehend, it's pretty straight forward about just needing that in the uscis release and i9 stuff....no mention of the 7 being excluded from that. 

 

Maybe this is why that automatic ead extension rule was done on 1.27.17. I have no idea why this is still happening. However, I'm 95% sure you will be able to keep legally working for 6mo after your old EAD expires and by then all this vomit should be done. I know you mentioned school debt after and I come close to crying for you about that, it's not fair at all the way you're being done concerning AOS for just happening to be born in a country. Right now you need to focus on the keeping a valid EAD or work right to ride this stuff out to the end above anything.

 

This should be all of our goal ultimately during this horrible and uncertain time. AOS will happen in the end, lets worry over keeping legal work permission first and foremost. 

 

If you are feeling you may need legal counsel, or just to run questions by, there are pro bono or low bono immigration lawyers out there. I saw that with my own eyes when we had to go to immigration court. Which also, let me tell you as a worst case scenario, even if that does ever does happen to you ( I know there is all this talk about deporting) not a thing will come of it ultimately because you have what's called a relief option via marriage. I don't know if you are a worrying person like I am, but I hope all this put you at least a little at ease about things. 

 

Side note, it would be good to know if not adjudicating means they will accept and just not process any applications and pend them from inside the states, or if they will flatly deny them. 

I did send the file on Monday and they should get it by today. and as soon i get the NOA1 i will let you know. I also called USCIS and i requested to speak with a tier 2 officer ( after tier one told me to go to field office and to make an appointment instead of transferring me to tier 2 ? ). I want to double check for my self and hear it from them if i am in this category. This is just horrifying 

[Linyahui 103]

31 minutes ago, msmontader said:

I don't know what is the pause for. I have lived here since 2011. I go to school here and i am married. I been through like three different background security checks since i had an asylum case back in 2011. I feel hopeless and psychologically collapsed.  

Don't give up hope!! As Sparkles said, there are many legal options to delay or prevent having the GC rejected. I have to believe there will be a solution coming to light soon. The ambiguity of the situation is what makes it so psychologically difficult. Like, if we knew that X had to happen before Y result (even if very challenging), we would be OK because we know what the final result will be. This is how that terrible monster Fear/Anxiety sinks its teeth into us. Of course, we do need to consider what we would do if the worst happens (GC rejection), but we also have to know that we are STRONG and we can handle whatever the result will be. 

We are here for you. If it's OK with you, I'll keep you in my prayers. 

[Linyahui 103]

3 hours ago, daveyjoe! said:

As I had mentioned before our interview is at 2:15PM on February 23rd. 

 

OF COURSE the interview comes at the worst moment, when both of us are unemployed. - What are some things we can do to mitigate the damage this will do to our consideration? Should I be freaking out should we not be able to find jobs prior? The past 2 years have been very rough for my work situation as my freelancing took a downward turn. Over the past 5 months I've been interviewing and applying like crazy but having not so good luck. Any thoughts or advice?

-- Nothing quite like adding the threat of your spouse's deportation to add to the already anxiety-ridden stakes of unemployment to REALLY test the strength of your anti-depressants, am I right? -- 

Daveyjoe, can you remind us which country your husband is from? 

 

As far as the unemployment goes, here are my thoughts: when I was younger (in my thirties now), I believed everything was black and white, that there were right answers to everything and also wrong answers. 

 

I no longer believe that.

 

I think that as long as you can reasonably explain the reason for your unemployment (freelancing jobs are disappearing, etc.) and can present a co-sponsor for the financial stuff (if needed), you should be OK. USCIS (and the gov't) just want to ensure that our spouses don't become public charges of the U.S. As long as you can prove that he will have financial sponsorship in some form, I think you will get past this hurdle. 

[sparkles_ 456]

3 hours ago, daveyjoe! said:

As I had mentioned before our interview is at 2:15PM on February 23rd. 

 

OF COURSE the interview comes at the worst moment, when both of us are unemployed. - What are some things we can do to mitigate the damage this will do to our consideration? Should I be freaking out should we not be able to find jobs prior? The past 2 years have been very rough for my work situation as my freelancing took a downward turn. Over the past 5 months I've been interviewing and applying like crazy but having not so good luck. Any thoughts or advice?

-- Nothing quite like adding the threat of your spouse's deportation to add to the already anxiety-ridden stakes of unemployment to REALLY test the strength of your anti-depressants, am I right? -- 

I think dont mention it unless directly asked about it at the interview. I've seen other threads about one or both being unemployed or collecting unemployment and it never came up in the interview. I honestly don't think it will even come up for you guys either. If someone is getting unemployment pay, I would bring proof of those payments but again, don't mention any of it unless directly asked.