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seviram

RFE - Birth Certificate Needed

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Dear all,

When I was compiling my I-130 / I-485 / I765 package (I am the intending immigrant), I used my passport instead of birth certificate. However I received an RFIE (request for initial evidence) asking for a birth certificate copy along with a certified translation - that is fine, I am happy to provide. However, one thing was troubling. The letter said:

"You are ineligible for interim employment authorization pursuant to Title 8, Code of Federal Regulations, Section 103.2(b)(10)(ii) until ninety (90) days after the missing initial evidence is received."

This statement made me very nervous. Does that mean that my EAD process is prolonged for 90 days after USCIS receives my initial evidence?

Has anyone had an experience with this?

Regards


Entered US as F-1 Student in 08-2001 (have left and re-entered 5 times since)

06-04-07 Marriage

06-26-07 I-130, I-485, I-765 Concurrent Filing

06-27-07 Package delivered to Chicago Lockbox DAY 1

07-05-07 NOA Receipt Date for I-130, I-485, I-765 DAY 9

07-09-07 InfoPASS meeting with an Immigration officer in LA DAY 13

07-18-07 Request for Initial Evidence - Birth Certificate Copy and Translation Requested for I-485 DAY 22

08-02-07 Biometrics Appointment for I-485 and I-765 DAY 37

08-03-07 Response to request for evidence received and case processing resumed DAY 38

09-07-07 EAD card production ordered! EAD adjudicated in less than 11 weeks DAY 73

09-13-07 Notice that I-765 is approved is mailed! DAY 79

11-09-07 Interview - I-130 and I-485 approved (in a little over 4 months, amazing)! DAY 136

09-05-09 I-751 Package sent off DAY 1

09-08-09 Package received

09-11-09 Check cashed

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Clearly, that is not my concern.

My question is - since my EAD application was receipted July 5th, I was expecting my EAD card around Sept 22.

Now that I cannot have a card for 90 days after USCIS receives the initial evidence, my concern is that I won't receive my card around Sept 22 anymore and the process will be delayed. I just wanted to confirm with the group that this is the case.

Regards


Entered US as F-1 Student in 08-2001 (have left and re-entered 5 times since)

06-04-07 Marriage

06-26-07 I-130, I-485, I-765 Concurrent Filing

06-27-07 Package delivered to Chicago Lockbox DAY 1

07-05-07 NOA Receipt Date for I-130, I-485, I-765 DAY 9

07-09-07 InfoPASS meeting with an Immigration officer in LA DAY 13

07-18-07 Request for Initial Evidence - Birth Certificate Copy and Translation Requested for I-485 DAY 22

08-02-07 Biometrics Appointment for I-485 and I-765 DAY 37

08-03-07 Response to request for evidence received and case processing resumed DAY 38

09-07-07 EAD card production ordered! EAD adjudicated in less than 11 weeks DAY 73

09-13-07 Notice that I-765 is approved is mailed! DAY 79

11-09-07 Interview - I-130 and I-485 approved (in a little over 4 months, amazing)! DAY 136

09-05-09 I-751 Package sent off DAY 1

09-08-09 Package received

09-11-09 Check cashed

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Clearly, that is not my concern.

My question is - since my EAD application was receipted July 5th, I was expecting my EAD card around Sept 22.

Now that I cannot have a card for 90 days after USCIS receives the initial evidence, my concern is that I won't receive my card around Sept 22 anymore and the process will be delayed. I just wanted to confirm with the group that this is the case.

Regards

What Kezzie says above applies to you. They will continue processing your EAD/AOS once they receive the information they requested. Don't worry about the 90 day delay disclaimer.

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Dear all,

I just wanted to follow up on this topic let everyone know that the fact that my evidence was missing did not delay my EAD process. I just received news from Online Case Status that the production of my EAD card is ordered (exciting). They processed my card at the National Benefits Center (also known as Missouri Service Center or MSC) in 73 days - currently the website cites 11 weeks (77 days) for the processing timeline.

I am impressed by their diligence and happy that I can finally start working and contributing to the household!

My takeaway - even though the guides here on VJ say "passport or birth certificate" for your documentation, I urge everyone to send both! I sent only my passport (which has date of birth, place of birth and all the necessary information to confirm my nationality) during my concurrent filing for AOS and shortly thereafter received my RFE which certainly contributed to my nervousness over the whole process.

Good luck to everyone!

Seviram

Edited by seviram

Entered US as F-1 Student in 08-2001 (have left and re-entered 5 times since)

06-04-07 Marriage

06-26-07 I-130, I-485, I-765 Concurrent Filing

06-27-07 Package delivered to Chicago Lockbox DAY 1

07-05-07 NOA Receipt Date for I-130, I-485, I-765 DAY 9

07-09-07 InfoPASS meeting with an Immigration officer in LA DAY 13

07-18-07 Request for Initial Evidence - Birth Certificate Copy and Translation Requested for I-485 DAY 22

08-02-07 Biometrics Appointment for I-485 and I-765 DAY 37

08-03-07 Response to request for evidence received and case processing resumed DAY 38

09-07-07 EAD card production ordered! EAD adjudicated in less than 11 weeks DAY 73

09-13-07 Notice that I-765 is approved is mailed! DAY 79

11-09-07 Interview - I-130 and I-485 approved (in a little over 4 months, amazing)! DAY 136

09-05-09 I-751 Package sent off DAY 1

09-08-09 Package received

09-11-09 Check cashed

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