AOS from ESTA, do I have any chances of approval? VERY LONG STORY (merged)

[Marieke H 2,314]

You already have your EAD and AP, so you are allowed to work. Have you actually applied for jobs in your field and were you told that they will not hire you because you only have AP and no green card, or is that just an assumption you are making?

 

If working is important to you, there is nothing stopping you from working in any other field until you are able to find a job in your field. A lot of immigrants (myself included) have to start working in a completely different field; many will just take any job for a while to just get started, build a work history in the US, and then move up to something else. There are staff shortages everywhere. You are choosing not to work, which is fine. Just don't expect USCIS to grant you an expedite because you need AP to be able to get the exact job you want.

 

You are being processed at a very busy Field Office; you will just have to be patient like everyone else.

[Bieloanya 6]

Thank everyone for taking the time to read my story and giving me advice, I truly appreciate it! 

About the job situation, as I said, that's a long story and it was not the point of my post, so I didn't really wanna get into it, but I do appreciate your input. 

 

But seeing how several people made a remark about it, I'll give you more info as to why I said that I'm unable to work at the moment because of not being a LPR. 

 

First of all, I know very well that I can accept jobs in other fields and I also think that it's perfectly normal for immigrants to get a "temporary job" just to get by (or even to start over, if needed!!). 

And that's exactly what I did! 

The very day I was notified of my EAD being produced, I applied to literally every place in my area that was hiring (restaurants, retail, stores, offices... Everything) and shortly after I got a job at a clothing store. I was very happy about it! 

 

But it ended up actually detrimental, because my husband kept on taking time off of work to watch our two little girls (therefore loosing money from his salary), as my shifts kept on overlapping his and taking longer than anticipated. Daycare/nanny would cost more than I'd make working full time for entry level positions. 

So I looked for jobs with more flexible hours, but in the end, all things considered it simply didn't make sense financially. 

(I applied for maybe 100+ jobs and went on every interview I was invited to, got maybe 10-15 job offers, that I couldn't accept because of the reasons above. So trust me if I say that I really tried to find something that would work) 

 

So at this point I either start a new career and we make the financial sacrifice necessary for me to build new expertise and gain seniority or I wait to be able to work in the field I am already somewhat established, which allows a flexible schedule and pays enough to cover the cost of a nanny when I'm away. 

 

(there would be much more to discuss here, but again, my job is not the point of this thread) 

 

So yeah, that's the story behind my employment situation! 

I didn't give up, as I'm still considering other options, but I was really hoping that by now, after two years of waiting, I would be close to take the interview with USCIS. 

... Appearently, that's not the case yet. 

I'm staying positive, but it's not always easy (as many of you know very well). 

 

And about my field office, I don't know which one it is! 

I supposed it's the Sacramento one, because that's the county I live in, but currently my case seems to still be assigned to NBC, so things might change. 

 

[Bieloanya 6]

Also, I forgot to add, that I DID apply for jobs in aviation and I was told that they couldn't not consider my application any further because I need to have a GC to work for them for that position. 

 

[Marieke H 2,314]

Your local Field Office will be Sacramento, as that is where you live.

 

Long processing times and the job situation were things that should have been considered before deciding to AOS from an ESTA. There were other options, but you chose to go this route. Just like you are now choosing not to work until you can work in your field. I get that it is hard to juggle everything with childcare, but that is something everyone needs to figure out. It is not a reason to expedite your green card.

[Family 3,483]

On 7/24/2022 at 2:13 PM, Bieloanya said:

applied for an expedite request yesterday, but I have very little hope that it's actually going to be accepted.

I hope you get your expedite approved, most denials are because some details of what is a requirement is missed.

If you get denied, it will be a quick turnaround and you will learn what to improve on your next request. You can make more than one expedite request.

And don’t forget you can appeal the expedite denial , so give that a shot . 
 

Having a job offer, conditional on getting a green card , would qualify for example….

 

[Bieloanya 6]

26 minutes ago, Marieke H said:

Your local Field Office will be Sacramento, as that is where you live.

 

Long processing times and the job situation were things that should have been considered before deciding to AOS from an ESTA. There were other options, but you chose to go this route. Just like you are now choosing not to work until you can work in your field. I get that it is hard to juggle everything with childcare, but that is something everyone needs to figure out. It is not a reason to expedite your green card.

As said multiple times, the point of the post was not my employment situation, nor the possibility to expedite - I wanted to hear opinions about our choice to adjust status from ESTA given my particular situation. 

I definitely didn't come here to hear "you should have thought about it!", because I did think about it. And the choice was between giving birth to a child without his father nearby. Or Asking such father to move to Italy and possibly cause him to lose his job, therefore resulting in both of us being unemployed for who knows how long, or on the other side, the other option was for me to stay in the US and deal with the necessary immigration procedure (at that time, the processing time was around 11 months for AOS and 2-3m for EAD, if I recall correctly), but stay together as a family. 

Maybe someone else would have made a different choice, but we prioritized staying together and we still think that was the right thing to do, given the circumstances and our knowledge at the time. 

 

If we had known that we'd have to wait nearly 3 years, we probably would had made a different choice. 

 

But besides that, even if we were the dumbest people on Earth, saying stuff along the lines of "you should have known better" really does no good. Literally ever. 

 

But anyway, I really don't wanna make any drama here and I know that you mean well, so thank you for taking the time to reply to my post! 

At the end of the day, nobody can really do anything about my case, so I can only wait and hope for the best! 

 

[Bieloanya 6]

Also, 

Even though our financial situation is strained and immigration procedures are severely back logged, I am still very thankful for being here. 

I have never been the kind of person who "dreams of America", so finding myself in this country kinda randomly, while there are thousands of people hoping for such a chance, is already something to be extremely grateful for. 

So, don't get me wrong, I feel lucky and blessed. 

 

But that shouldn't mean that everything is perfect and I should not complain.

Things will get better and if I do get the GC approved, I will be able to give my daughters the life I never had - so, again, I'm extremely grateful for that! 

But hey, after two years (actually more than that if we start counting from when I landed in the US) of uncertainty and fear, I bet everyone would feel a little discouraged! 

 

Immigration procedures are expected to be long and complex (and I have prior experience as I was adopted internationally and I went through a similar process as a child. Ugh!), but having to wait nearly 3 years to get an interview, is something objectively frustrating... It feels unfair, especially when you see that newer cases are processed within months so to balance the avarage processing time. 

 

I probably come across as whiney here, so I apologize for that, I was hoping that it would be OK to "rant" a little bit with people who can relate to my situation. 

 

 

[Family 3,483]

10 minutes ago, Bieloanya said:

At the end of the day, nobody can really do anything about my case, so I can only wait and hope for the best! 

You can continue to exactly what you started by asking for an expedite , because delay is causing financial hardship to your USC spouse. 

Forgive me for belaboring the issue, but it is what will help get your case possibly unstuck. 
 

You can also reach out to your Congressman for help , stating the same. 
 

As far as doing AOS from ESTA, you will be perfectly ok , but no offense do not pre empt questions at the interview or offer long detailed responses. 

Remember IR ( immediate relatives ) are exempted from presumption of immigrant intent..so you will get the routine question of

Q: When did you enter

A xyz 

 

Q What was purpose of the visit 

A: a 3 week holiday 

 

Q What made you decide to stay?

A : My husband felt worried about being separated and COVID-19 played a big part in both our fears. = “ circumstances changed” 
 

You will be ok. 

 

 

[Redro 4,600]

@Bieloanya people are focusing on the EAD/work issue because you included it in your story. 

The entry and AOS on ESTA is not a problem because you married a USC. And you have two children so bonafide marriage is not an issue either. 

You've probably learned an important lesson in not including information that is not relevant to your dilemma. 

Take this lesson with you to your eventual GC interview. Don't worry about the entry and AOS on ESTA. Your case is taking a long time because you received an RFE (and a denial?) and had to deal with public charge paperwork that is no longer relevant. 

 

 

Edited July 26, 2022 by ROK2USA

[Family 3,483]

14 minutes ago, ROK2USA said:

Your case is taking a long time because you received an RFE (and a denial?) and had to deal with public charge paperwork that is no longer relevant. 

 

Case is stuck waiting for interview because OP s Field Office has a 30 month backlog …that would test the patience of a Saint..

On a light note , I always teased friends who were slow at doing something , by saying “ i could have had a baby in the time it took you get that done”…and OP actually had 2! 

[Bieloanya 6]

27 minutes ago, ROK2USA said:

@Bieloanya people are focusing on the EAD/work issue because you included it in your story. 

The entry and AOS on ESTA is not a problem because you married a USC. And you have two children so bonafide marriage is not an issue either. 

You've probably learned an important lesson in not including information that is not relevant to your dilemma. 

Take this lesson with you to your eventual GC interview. Don't worry about the entry and AOS on ESTA. Your case is taking a long time because you received an RFE (and a denial?) and had to deal with public charge paperwork that is no longer relevant. 

 

 

Haha, if you put it that way, I'm actually happy that I oversbared, cause, as you say, I learnt a good lesson. Thank you for pointing that out! 

 

And yes, I got an RFE, but it was a little complicated. 

When I sent my application the first time, I didn't get any response at all for more than two months (no NOA either). Simply, one day I got my whole package mailed back to me, saying that the form i944 was missing and that I had to reapply all over again (I didn't include it as I didn't know it was required). 

 

So I did, but I didn't include that form again as in the meantime the Supreme Court paused it, so it was not required anymore for the time being. 

But, about three months later, I got a RFE asking to send that form over to USCIS, as wathever the SC did, was not applicable anymore. 

 

So.. I gathered all the necessary docs and evidence and mailed the package with the i944 form in January 2021. Only to find out that a month later, that form was dismissed. 

 

Aaaargh. 

I literally wasted 8 months because of that form!! 

[Bieloanya 6]

4 minutes ago, Family said:

Case is stuck waiting for interview because OP s Field Office has a 30 month backlog …that would test the patience of a Saint..

On a light note , I always teased friends who were slow at doing something , by saying “ i could have had a baby in the time it took you get that done”…and OP actually had 2! 

Yep. 

TWO babies. 

That's the bright side in all of this! 

Not being able to go work "normally", gave me the chance to stay home and focus on my girls - that's a precious gift! 

[Family 3,483]

1 minute ago, Bieloanya said:

Haha, if you put it that way, I'm actually happy that I oversbared, cause, as you say, I learnt a good lesson. Thank you for pointing that out! 

 

And yes, I got an RFE, but it was a little complicated. 

When I sent my application the first time, I didn't get any response at all for more than two months (no NOA either). Simply, one day I got my whole package mailed back to me, saying that the form i944 was missing and that I had to reapply all over again (I didn't include it as I didn't know it was required). 

 

So I did, but I didn't include that form again as in the meantime the Supreme Court paused it, so it was not required anymore for the time being. 

But, about three months later, I got a RFE asking to send that form over to USCIS, as wathever the SC did, was not applicable anymore. 

 

So.. I gathered all the necessary docs and evidence and mailed the package with the i944 form in January 2021. Only to find out that a month later, that form was dismissed. 

 

Aaaargh. 

I literally wasted 8 months because of that form!! 

Oh no no ! It was so much more than a form and kudos to all who litigated . Thousands found themselves stranded outside the US because they went for their interviews ( overseas) w a I-601 A waiver but that Public Charge form variant resulted in refusals and separated families.