KatenkaMishka

On 6/24/2020 at 9:13 AM, MarlinCobon said:

this is what AILA has

• An applicant for an immigrant visa as the child of a lawful permanent resident who is at risk of “aging-out” of his/her F2A preference category under the President’s April 22, 2020, immigrant visa ban;
• Any other applicants for immigrant visas in any preference category at risk of losing his or her place in line for an immigrant visa or eligibility for an immigrant visa under the President’s April 22, 2020, immigrant visa ban

what about the second one? could that be for us that are waiting for interviews?

The the second one is most likely is about the DV lottery immigrant visas, because they all have time till September only and loosing their ability to get immigrant visa in time . I didn’t read the whole AILA statement yet, but I’d be surprised if spouses of LPRs aren’t included into it 

34 minutes ago, mk17 said:

I thought we cannot apply for 2 EADs at the same time. That is the reason I did not apply for my opt extension. Is it okay to file extension now even if my aos ead is pending? 

Well, you can not use old OPT EAd when receive AOS one for sure. Not 100% sure about applying for OPT extension at this point , but why not to try ? Just thinking out loud. IF they accept it - you’ll have your receipt which gives you extra 180 days to your expired opt EAD to use . If they reject accepting it - well, nothing to loose, just wait for AOS EAD then (and try to expedite)

12 minutes ago, mk17 said:

I applied for a new ead under i485. Because I was applying for i485. 

12 minutes ago, mk17 said:

I applied for a new ead under i485. Because I was applying for i485. 

Yes, but you also have EAD now, right ? I was thinking may be you applied for the current EAD extension as well , which would give you another 180 days of using it while waiting for AOS EAD . (I had 2 different EADs at the same time , and using AOS EAD as a primary now).As of expedite experience - I don’t know anyone personally who’ve done that , but I know people do . You’d have to have a letter well explaining the reasons why you need to expedite, loosing your job would be a good enough reason for sure , but I don’t know what exactly (which documents) you have to accomplish your expedite request with .

4 hours ago, mk17 said:

Hi there again,

 

Apparently after few evidence replies and all I gave my biometrics and now the case is ready to be scheduled for interview. Which I believe will take a long time. But my EAD looks like won't be approved before current one expires. I'm planning to put in an expedite request. Do you know of any approved expedite experiences? It's kind of frustrating that applying for a new card almost 5 months before expiration doesn't seem to be enough. 

 

Thank you for all the help.

Your current EAD is under different category, right ? Opt ? Have you applied for its extension? 

11 hours ago, mizo said:

Guys my EAD case updated online to:

 

'On May 1, 2019, we mailed your new card for your Form I-765, Application for Employment Authorization, Receipt Number MS............... to the address you gave us. If you do not receive your card by May 16, 2019, please go to www.uscis.gov/e-requestto request that we send your new card to you. If you move, go to www.uscis.gov/addresschange to give us your new mailing address' 

 

but I didn't get any tracking number to track my package with usps. Does anybody know how long it takes to arrive ? And how can I get a tracking number ? 

 

 

thanks 

They don’t send EAD cards with the tracking number , therefore you can’t get it since it was never assigned to the package . Usually it takes a few days to receive , I would say less than a week . In my case took something around 3-4 days .

5 hours ago, hasretk51 said:

How is it possible that your petititon got approved while my PD date is earlier than yours ( 3 March 2017 ). I didn't get any RFE either. F2A category and it's been nearly 27 months for me.

Well, all the cases are different and also assigned to a different officers to adjudicate them . Therefore , there is no point of expecting cases to be approved in order . But your case is way off , it’s outside of normal processing times indeed . You can go ahead and raise an SR (service request) , since your PD is March 3d and according to the processing times for I-130 , this is a date eligible to file SR for case being outside of normal processing times. 

P.S . Service request can be raised online and it takes some time to get a response (something around 30 days) 

10 hours ago, mk17 said:

I received 3 notifications today. One for EAD, one for travel doc and one for fingerprint fees received. What about i485? Since they specifically mentioned fingerprint fees has been accepted. Shouldn’t I get one for i485 too? Or is it the same? Do you have any idea? 

Well, first of all congratulations on the acceptance of a case, which seems to me like it was . As of I-485 receipt - yes , I think you also should have a receipt for that . May be will arrive later ? There must be a case number .

25 minutes ago, andrewtan421 said:

I understand - I was on F1 too when I first started. Honesty is the best policy here. It will only make things worse if they find out you made something up. You can try talking to an immigration attorney over the phone to get their professional opinion on the situation. I have consulted an immigration attorney over the phone either for free or for a very small fee.

Oh cool , so you also had F1 visa. I have immigration lawyers working on my complicated case and they say the risk is minimal, but you never know what those immigration officers can come up with at the US border. So that’s why I’m trying to  reach out to people on this forum , to see the real cases and decide for myself if I should use AP for travel . Thank you again!!

15 minutes ago, geowrian said:

This was recently changed.

While you are admitted D/S, once your SEVIS record is terminated, you are considered out of status. However, previously this did not accrue unlawful presence unless USCIS or an IJ determined that you were out of status. With the change in 2018, unlawful presence starts accruing the moment the SEVIS record is terminated.

See https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/2018/2018-08-09-PM-602-1060.1-Accrual-of-Unlawful-Presence-and-F-J-and-M-Nonimmigrants.pdf

 

Note that any overstay is not an issue when you have AP. See Matter of Arrabally.

Yep, that’s absolutely correct, that new change came into effect on August 9th of 2018, so now people who are out of F1 status automatically started accumulating unlawful presence since that date. My only hope and saving grace would be if  they wouldn’t count my days being out of status because they happened prior August 9th of 2018, and also as you mentioned that Matter of Arabally case. I have ongoing conversations with lawyers for years now , all of them say that traveling with AP isn’t considered to be a “departure” , therefore 3/10 bars can’t be triggered in case of unlawful presence . But I’m still afraid and never met a person who would actually travel on AP with similar situation. I guess I’ll be the first one lol 😂Thank you though , your information is correct and helpful!

9 minutes ago, andrewtan421 said:

How many days did you overstay on F1 visa?

Well, with F1 visa things are a bit different than other visas, there is no “end date” when you enter, I’ve got D/S stamp in my passport , which  means “duration of status”, but answering your question - I overstayed for more than 180 days after I lost my student status (but didn’t acquire unlawful presence because of F1 visa type) and got back into status after 200 days . Technically speaking , I shouldn’t be considered “inadmissible” but they still might don’t  like the fact of me being out of status for period of more than 180 days. 

26 minutes ago, andrewtan421 said:

Yes I was able to return easily. The only hiccup you may experience is convincing the people at the check-in counter of the country you are leaving to return to the US that you have this thing called an Advance Parole that allows you travel into the US without a visa. When you go through immigration in the US, present your combo card and say that you are requesting parole into the country. They will ask you to sit on the side while they process your paperwork. It took them 15 minutes to process mine, after which I was allowed to enter the country.

Thank you! Your story gives me some hope . I have approved advance parole and haven’t seen my mom for more than 4 years and really want to go to see her this May , but I have previously overstayer F1 visa and a little afraid they might say I’m inadmissible when returning to the US.

2 minutes ago, mk17 said:

Did you also apply for both EAD and AP or just the EAD? Is it because I’m applying through AOS that I cannot work? Because if I had applied for my OPT extension I could work on my old EAD until I got new one. 

I’ve applied for both , received a combo card . And yes, because you are applying for an EAD under the new category (c09) you can’t really use it to extand your OPT one . If you would already have had an AOS EAD and would apply for its renewal , you could use the expired one until the new card arrives . But in your case your current EAD is different category . That’s not an information I can swear on , but I’m pretty sure that’s how it works .

6 hours ago, mk17 said:

For the i485, i765 and i131 do I get different Receipt Notice or is it the same one? I just looked up i765 processing for pending AOS is 3-5 months. My OPT EAD expires in 5 months. Do you know what happens if I my EAD expires before my approval?

Hey, yes you’ll get different receipt number for each of those . And I’m afraid that you’ll loose your ability to work if OPT gets expired but AOS EAD isn’t approved yet , it took 3 months in my case to receive an EAD though , so hopefully yours won’t take longer than 5? 

16 minutes ago, mk17 said:

Yeah, I went through the uscis website and it does route me to the 2nd chart to see if I can apply for AOS. Maybe they meant actual visa is not available yet? Which I think is determined by the 1st chart?

That’s the website that visa bulletin leads to : https://www.uscis.gov/visabulletininfo

and it does say to use dates for filling chart . I really don’t see a reason why you shouldn’t 

3 minutes ago, mk17 said:

Yeah, I went through the uscis website and it does route me to the 2nd chart to see if I can apply for AOS. Maybe they meant actual visa is not available yet? Which I think is determined by the 1st chart?

I think so , I went through the USCIS instructions - I don’t see any changes in rules . It indicates that you’ve got to use 2d chart when applying for AOS. I mean , try sending your application may be and let’s see? If they don’t accept it - they literally just send the whole package back with no charges 

5 minutes ago, mk17 said:

Received my approval notice yesterday. I was planning to send my AOS yesterday. But stopped because it confused me more. Please look at my earlier post and let me know if you have any knowledge on this. 

Thank you.

Hello, congrats on your approval ! May be that’s a generic approval letter everyone receives regardless on where the person is located - inside US or not ? My I-130 PD is July 3d of 2017. Applied for AOS in July 2018, case was accepted and is pending . Also , USCIS could be mistaken ? In any case , may be get consultation with a lawyer ? Im sure you can apply once your PD is current in 2d chart (based on my own case and many others) , but may be there was some really recent changes in a law that I’m not aware of?

1 minute ago, mk17 said:

I looked the same chart. Got confused because it only had “spouse of US citizen” listed. This whole procedure is so overwhelming 

Oh yes , the procedure is awful . Good luck with everything! And don’t really get upset if they don’t accept it from the first try - my package was send to me back twice for stupid reasons - I forgot to attach some forms and second time  my check was not signed or something like that . But hopefully yours will be accepted right away and goes smoothly !

1 hour ago, mk17 said:

I have every document ready. But when I look for address to post my application, I don't see a category that fits my case in USCIS. My case is: Spouse of a Greencard holder with pending i130. Can you help with this?

Yep, it’s Chicago lockbox . Check the attachment I’ve send. Also would be a good idea to attach G-1145 form , it’s super simple and free - that’s for USCIS to notify you via email or phone about accepting (rejecting) your application. Just fill it up and attach on top of all the other documents .

4 hours ago, srajeevan said:

Hi,

 

I have my I-130 in process at CSC in F2A catefory.My spouse is my petitioner she don't work currently.I work on STEM OPT and i am the only person with an income as of now.

So while applying for AOS,do i have to provide Affidavit of support from Petitioner.Since my spouse doesn't work i won't be able to provide one.Would that be an issue?

Yes , it would be an issue. You’ve got to find a sponsor who is gonna support your application (form I-864 A )

8 minutes ago, mk17 said:

Should we fill out the i864A? We do not have any children. I am the intending immigrant. I have mentioned my income in i864.

No no, I-864a is only if are you using sponsor to support your application. Ignore it .

Just now, mk17 said:

Thank you so much. You have been so helpful. Should I write a letter for the EAD/AP? Because I had to write one for my OPT EAD.

You are welcome! Nope, you shouldn’t write a letter , you don’t have to explain anything , the c9 category EAD is a different kind of benefit than OPT . 

**don't forget to attach copy of your OPT EAD to that I-765 application 

3 minutes ago, mk17 said:

One question I have is, you have 8 photos listed. I ordered 6 because I thought 6 were enough. Is there anything I am missing?

I think the list my lawyer sent me was generic for the case when I-130 and I-485 are filled together , that’s why 2 extra photos . In your case 6 is enough , 2 per each application (except medical form and affidavit of support ). Also , I’d suggest you to write on the back of each photo (by pencil!) your full name . USCIS is known for loosing photos  

37 minutes ago, Ahmadk100 said:

How can i contact my local congressman?

https://www.house.gov/representatives/find-your-representative search by your zip code here. Then you should click on the representative profile (there will be a link) and search on their website “Contact” option . Each of those congressmen websites are different , I literally wrote an email explaining that I’m desperately in need for work permit and asking for help and office stuff contacted me.  My friend actually called to his congressman office and also got help in the end .  

16 hours ago, osmosesnew said:

In same situation.  My mother petitioned two of my siblings who are both under 21. PD...Nov 6, 2016.    same response you posted is what we received multiple times to our service requests.

Have you tried setting up an INOFPASS appointment? Also, I remember I had my work permit application got stuck and I had to contact my local congressman , and it actually helped a lot! They submitted a query on my case and USCIS must respond on that more properly , usually requests from congressman are handled by  tier 2 officer . May be try that too?

14 minutes ago, mk17 said:

Okay, let me explain my situation in detail.

My wife is a legal Permanent resident. My i130 priority date is 10th April, 2017. I recently replied back to their RFE of proof of our marriage. I’m putting documents for AOS together right now. I received my medical report yesterday. So my question is: Should I go ahead with applying for AOS? Or should I wait till I hear back about the RFE? I should have applied for AOS way earlier which would have put me atleast 8 months into the processing time. but I did not understand the situation clearly and waited for my i130 approval. Now I want to cut sort my waiting time as short as possible. What are documents required for AOS package? I have following ready right now:

1. I485

2. EAD and Advance Parole application

3. Financial Affidavit

4. Medical report

 

To be honest I’m not 100% sure whether you have to wait until your RFE gets resolved , but I would assume that you shouldn’t ? What if you had filled for AOS a few months ago and received RFE just now , your I-485 would be still in pending , right? In the worst case scanerio they just won’t accept your AOS package along with the check , so no loss , it’s not a denial , just rejection to accept . So you’ll resend after the RFE is resolved . But I am afraid misguide you , may be order a consultation with a lawyer? 

All the forms you’ve listed are correct , I’ve attached a checklist that I was using while applying for AOS (got it from my lawyer). Let me know if you can see it . You can ignore the evidence documents since you just sent it , but I think all the rest would be useful to attach if you can.

P.S. Work permit and advance parole approval took exactly 3 months in my case .

AOS DETAILED CHECKLIST (AOS).pdf