Adjustment of Status (Marriage base) - Issues with I-765

[airamedlitam 0]

Hi I'm a little lost with this immigration progress. I entered the country with the humanitarian parole for Venezuelans in February 2023, my boyfriend (now husband) was my sponsor (he is an American citizen). We got married at the end of July of 2024 and in September we sent the adjustment of status forms (I-130 and I-485). In January of 2025 they schedule the interview for March of 2025 but they de-schedule it a week before the interview. Apparently there was a pause on all of the immigration applications for the people that entered with a humanitarian parole, that is what I read online. This pause was lifted on June and in July they schedule our interview again for August 2025, but they de-schedule it again.

In addition to this, I sent the I-765 Application for Employment Authorization on November of 2024 but I accidentally selected "renewal" instead of new application. I called them immediately and they told me to send a letter to the processing office explaining the typographical error and see if it can be fixed or if I have to send another form. They received the letter in December but they sent me an email saying that they have a 30 day goal of reply and it will be looked at. I didn't got any responses after the 30 days so in January I called again and they told me to send an e-request for the typographical error, but again I never received any replies towards my inquiry only the automatic message they always send. I called again and they insisted in sending another e-request and post the initial letter that I mailed on the documents tab of the case. I never received any reply regarding if my error can be fixed or not. I also told them on the call if I can send another form but they insisted in not doing it, that the only thing I could do is wait. In June I requested a congressional inquiry for this case but USCIS didn't gave them any replies other than it takes time. It's been a year since I sent my work permit and I don't know what can I do to get this solved. Has anyone deal with something similar? Is this normal?

 

[OldUser 10,981]

2 hours ago, airamedlitam said:

Is this normal?

Hi, sadly it is normal. Immigration process is slow, complex and confusing.

 

2 hours ago, airamedlitam said:

I sent the I-765 Application for Employment Authorization on November of 2024 but I accidentally selected "renewal" instead of new application. I called them immediately and they told me to send a letter to the processing office explaining the typographical error and see if it can be fixed or if I have to send another form. They received the letter in December but they sent me an email saying that they have a 30 day goal of reply and it will be looked at. I didn't got any responses after the 30 days so in January I called again and they told me to send an e-request for the typographical error, but again I never received any replies towards my inquiry only the automatic message they always send. I called again and they insisted in sending another e-request and post the initial letter that I mailed on the documents tab of the case. I never received any reply regarding if my error can be fixed or not. 

E-request for typographical error is not applicable in your case based on my understanding. You submit e-request about typographical error in this case:

1) You received EAD with wrong information

2) Wrong information is caused by USCIS mistake

 

Source:

 

https://www.uscis.gov/green-card/green-card-processes-and-procedures/employment-authorization-document

 

In your case, you don't have EAD and mistake was on you.

 

So I would just file a new case with new fee with correct information and withdraw wrongly filed I-765 for renewal. However, considering how long you are into adjustment process, you may never see your EAD and get GC before that.

 

2 hours ago, airamedlitam said:

I also told them on the call if I can send another form but they insisted in not doing it, that the only thing I could do is wait.

 

It is not USCIS responsibility to give you legal advice or tell you what and how to do. Tier 1 officers on chat or phone simply need to give you some reply to get you off line and go to next person. The more people they reply, and less time they spend, the better it looks for their performance. So they will tell you anything.

 

Edited 2 hours ago by OldUser

[Ontarkie 15,072]

~~Moved to AOS from Work, Student and Tourist Visas, from AOS Family K1/K3 - as the OP is not a K1 or K3 visa holder.~~