Girona40

Only because we didn't let it lie. If we had taken the Pittsburgh Office at their word we would still be sitting here, weeks from now, waiting for his EAD that they said was in the mail.

Girona,

Look at Part 7, Q 6, on page 14 of the Handbook. I see nothing that disqualifies your son.

- His latest application for EA has been approved, he has renewed EA. You have an e-mail from USCIS that so states.

- He can present a copy of the application that resulted in this renewed EA status.

Why can he not show the application and the e-mail on the 11th, and then have 90 days to show the "acceptable document"?

The employer may be able to give you what they think is a good reason for a negative answer to my question. Give them the opportunity to do so, you may get a surprise - they may agree that he can continue working for another 90 days while waiting for the card to arrive in the mail.

Yodrak

Part 7, Q6 of the Handbook of 1991 does NOT apply to my son. This section only applies to NEW HIRES. He has worked for this company for almost a year now.

The requirements when it comes to reverification of EA are totally different.

Part 7, Q27 of the same Handbook outlines what is required of an employer i.e. "The employee must show a document that shows either an extension of the employee's employment authorization, or a new work authorization."

E-mail is not acceptable, and what is considered acceptable is clearly outlined in the more-recently issued Employer Information Bulletin 102, dated October 2005, Section 3 "Reverification Process"

"Employers must reverify employment authorization on Section 3 of the Form I-9, or complete a new Form I-9 to be attached to the original Form I-9, no later than the date that employment authorization or employment authorization documentation expires. To reverify expired status (Section 1) and/or expired work authorization document(s) (Section 2), an employee may present any currently valid document from List A or List C. Remember: Receipts showing that the employee has applied for an extension of an expired employment authorization document are not acceptable. (See Receipt Rule.)"

Employer Information Bulletin 102 - October 2005

You will see that a receipt showing you applied for a new EAD is not acceptable either.

Anyway, all that aside...........my husband e-mailed the Center Director at the NBC, Mr. Cowan, and explained the situation and asked for his help. He replied, within an hour, and told my husband that he would get him an answer within 24 hours! He was true to his word and this morning we received an e-mail from the Customer Relations Officer at NBC.

It was a good job we didn't just sit and wait for my son's renewed EAD to come in the mail because according to the Customer Relations Officer the card has not been sent for production yet, because they claim biometrics were not on file. They kindly offered to copy over the biometrics from my son's old EAD to the new one and get it out in the mail. She stated that he would have it in his hand in the next 2 weeks.

We thanked her in our reply and mentioned that biometrics were completed on the 28th October, a receipt for which we have in hand. We also asked that the on-line status be updated, so that he can at least show his employer his status that way.

Thanks for all your help - let's hope that this is remedied now.

There are others, reported on other websites, that were approved in December and received their EAD's a few days later. I suspect this is going to be another problem we have to deal with.

Great!

Girona,

I hope you will find something that will satisfy the employer. Maybe there will be something in the Q&A section that will be useful.

Yodrak

Yodrak, thank you so much for your advice. I will look at the Handbook now. His employers are really pedantic when it comes to their paperwork.

Thanks

G.

Both myself and my husband have read the sections of the Handbook that apply and, maybe because my son's situation is a little unusual, he is not covered under any of the rules in the discrimination section and he has none of the acceptable documents.

We also looked at this Proof of EA and there is nothing there that helps him either.

The Receipt Rule doesn't even apply - if he had lost his EAD, or it was damaged, he could use the application receipt, but not when applying once your original EAD expires. If he were someone granted assylum or someone with a valid registration card, as temp. workers apparently get, then he would be covered. But he doesn't seem to fit into any catagory.

I am just praying now that it turns up in the mail in the next two days.

i hope for you Glenys. You can see in our timeline our EAD was approved recently and just saturday it came in the mail (check my siggy for exact dates). Hopefully it will arrive shortly!

That's not good for me to hear! If your EAD was approved on the 28th December and you got it on Saturday, we have a problem.

Yours did go through Missouri Service Center, right? That's what we have been told is happening with all EAD applications now - not sure how correct that is.

Anyway, my son's was approved on the 27th November - still no card, or updated on-line status.

This is what the District Office says in response to my question "What can he use as proof that he is authorized to work in the US?"

Your son should discuss the matter with his employer to determine what documents they require to have on file.

Am I missing something???? Isn't it what the Department of Homeland Security require the employers to have on file?

Girona,

I hope you will find something that will satisfy the employer. Maybe there will be something in the Q&A section that will be useful.

Yodrak

Yodrak, thank you so much for your advice. I will look at the Handbook now. His employers are really pedantic when it comes to their paperwork.

Thanks

G.

Both myself and my husband have read the sections of the Handbook that apply and, maybe because my son's situation is a little unusual, he is not covered under any of the rules in the discrimination section and he has none of the acceptable documents.

We also looked at this Proof of EA and there is nothing there that helps him either.

The Receipt Rule doesn't even apply - if he had lost his EAD, or it was damaged, he could use the application receipt, but not when applying once your original EAD expires. If he were someone granted assylum or someone with a valid registration card, as temp. workers apparently get, then he would be covered. But he doesn't seem to fit into any catagory.

I am just praying now that it turns up in the mail in the next two days.

Yodrak, thank you so much for your advice. I will look at the Handbook now. His employers are really pedantic when it comes to their paperwork.

Thanks

G.

They haven't updated the on-line status. It still says pending!

they told us the exact same thing when last year we waited and waited for our EAD. they pulled Del aside and explained his was approved therefore no interim can be issued for him.

Did he get the EAD "proper" in time, or did he have some other document that his employers would accept. Was he even employed at that time?

What worries me now is that my son's employers are asking him for an "official" document from the USCIS that confirms he is authorised to work in this country.

Isn't it typical - yet again, because he is doing things the "right way" and his employers are doing things the "right way" and requesting official documentation, he is going to suffer problems.

If the EAD isn't here by the 11th he isn't allowed to work.

This will be the 2nd time they haven't got his EAD to him in time and he was unable to work for 3 months last time!

The problem, Becca, is that my son cannot risk, not even the tiniest amount, doing anything that isn't 100% correct procedurally, because it will give them the excuse they need to deny his AOS application and we would have no argument. At the moment they are denying him but we have a case against them - because he has done nothing wrong and there is no law that states he had to be 21 at the time of adjustment. I won't bore you with that any further, but this is a situation where we need something in writing (I don't think an e-mail will suffice, because they can be tampered with) on official letterhead or the actual EAD card. We have been shafted one too many times by the USCIS to risk anything at this stage in the game.

I knew it wouldn't be simple!

My son's EAD was approved, apparently, and we were told it was to be mailed. That was on the 26th December. It still hasn't arrived and his current EAD expires on the 11th of this month (Thursday).

I contact the District Office and make an INFOPASS appointment. Someone on this site said that they don't issue Interim EAD's any more, just make inquiries of the Service Center. So, with it being 5 hours from here, I thought it would be prudent to e-mail the District Office and ask.

The response:-

"Mr. **** is not eligible for an interim employment card as employment authorization has been granted"

So, now what is he supposed to do. What is he supposed to provide his employer, who is asking that he provide his new EAD on the 11th, so he can keep his job!

This whole thing is just getting ridiculous. Is there anything that the USCIS can do in good time?

Rayma, I know that you had a few problems early on and that, like me, you will just be glad when you don’t have to deal with the USCIS ever again. If it wasn’t for the mess they made with my son’s case we would be. My daughter and I are both citizens and we just can’t seem to make any progress with my son’s case at all. It is the most frustrating thing I have had to deal with in my life.

I am glad that we don’t live nearer to the UK. I have only been back once in the five years and so wanted to stay. If I hadn’t done this, if only we’d done that, how different our lives could be. Hindsight is a wonderful thing, huh?

I am glad that your daughter has settled so well. My daughter is probably around the same age as yours. She is in her second year of university here – she turned 18 back in July. She has so many friends, she is very level-headed, a hard worker and often when we have “heart to heart” conversations I wonder who is the adult of the two of us. She is so logical and understanding and I thank God I have her.

I hope we can survive this too – there are days when I really just think it is impossible and then I have days when I think “I’m not going to let these bast*rds win. What they are doing just isn’t right!”

PJ, you are so thoughtful and I truly appreciate your offer to let me “snip” away! Lol I do need to calm down and get a grip on myself. I shouldn’t let this upset me so much, although it does from time to time. As the weeks turn into months and the months into years, I wonder if there will ever be an end to it. My wish for 2007 was that this does come to an end, but I’ve had that same wish for a few years now so don’t hold out a lot of hope. I have become the eternal pessimist and wish I hadn’t. I feel as if all the stuffing has been knocked out of me – if that makes any sense.

Robin – I have, so many times, wished we could just pick up and return to England. But every penny I came here with is tied up in this house, my daughter is in the middle of her degree, my son is in love with his girlfriend and my husband has a great job here that he would find difficult to replicate in England. I have had days when I just felt trapped here and days when I look out of my window and think “why would I ever want to leave this place”. I guess the answer is that I don’t want to leave, I just want for us all to be able to stay and get on with our lives – not having to continually worry about what the USCIS are going to do next to try and split this family up.

So many of us have problems with the USCIS and all of them are HUGE to us, regardless of whether they are delays waiting for the visa, delays with processing AOS applications, background checks, etc. All these things cause us problems, one way or another, and non lesser or greater than the other. I just hope that things get better soon and that the “Powers that Be” get this whole immigration “service” sorted out.

I am sure that feeling like cr*p, health wise, isn’t helping. The worry of what is going on at home with my brother and father is just compounding problems too.

Things have got to get better soon. Fingers crossed hey?

I am so sorry to hear that you were treated this way. Regardless of whether or not the answer they gave was correct or incorrect, there is no excuse for them being rude to you.

Unfortunately, it happens often. They know that they have control of what it is you want. They can delay matters further, if they choose, by simply placing your file at the bottom of the stack! They know it and they use it to scare people into just sitting there and doing nothing - out of fear!

Don't let it lie - write a letter of complaint to the District Director and cc. your congressperson. This is a "service" we are paying for and I see little comprehension of that word in so many USCIS offices.

Arlington (Now Fairfax) District Office was the worst place I have ever been in my life! They take the term "rude" to a whole new level. One guy in particular loved to play to a large crowd by being as rude as he possibly could to anyone asking him a question at the desk - it was embarrassing to witness. To see someone that works for the government so out of control and having such little regard for another human being.

I truly hope that you don't have to wait too long - I know just how hard it is.

Lived in Elizabeth Fields when I was a kid! Loved it, but parents decided to return to the UK after 3.5 years.

Girona40,

Thank you for your attention! That's the problem we have - when she applied she provided a lot of documents you've mentioned - proof of ownership and letter from her employer. My mom is a widower and I'm the only child so I think this is what got them scared that she doesn't have any interest to stay in russia and she will stay in YSA when she comes. But that is not true. She has a job and we don't have any intentions to leave her here unless now and then when I can file I-130 we will do that/ We just don't know what else to do to proov she is not going to stay illigaly here. So SAD!!!!

I know that sometimes the Immigration regulations seem so hard on people - and much of the time they are. I guess they have had so many people in the past that come to visit and just stay that they are now very cautious when people who have family that immigrated not so long ago, then want to come and visit. I know that this is not what your mother is doing, but you just have to convince them of that. Like I said, ask them directly what documents they are looking for, what documents can your mother provide in order that she can come and visit you in the US.

Good Luck - I know how sad it is when you don't get to see your mother much. I miss mine terribly too.

Hugs

G.

During the actual wedding ceremony is not the time to be stupid, trying to be funny! I would suspect that the official thought the same thing and, bearing in mind the woman could be totally insane, or drunk, under the influence of drugs, or just not properly aware of the seriousness of the commitment she was supposed to be making, did he want to be responsible for the marriage. I don't know that I would want that on my shoulders either.

I'm a permanent resident of the USA and my husband is a US citizen. I know I can't file 1-130 to bring my mom to the USA before I become a US citizen. So we tried to bring her here as a visitor just for couple of months but when she applied for a visa she didn't get it (as they explained she didn't demonstrate tight connection with Russia). Unless she has some additional documents to show they they advised her not to try again. Any ideas on that? Or maybe somebody had been in such situation? Any help would be appreciated !!!

Annabelle, that is such a sad situation and I truly sympathise. I can't imagine what it must be like to be unable to get your mother here for a visit, prior to you being able to file an I-130 for her. I am thankful that I come from a country that has the Visa Waiver Program - not that my parents have used it more than once.

I don't know what documents were submitted with your mother's tourist visa application, so I am answering this "blind" really, but things like rental/home ownership documents, a letter from her employer (if she has one), etc, are the kind of documents I would provide. You could always make a call to the consulate and ask, specifically, what documents they are looking for.

Good Luck!

G.

I had not seen the reports that you could no longer get a walk in EAD, and we actually went to our office today to get one. We were told that about three months ago, people came and physically removed all of the machines from theirs and other offices. Apparently, there is a new process and law that the Missouri Service Center is supposed to allow them to go through them within the 90 days... Now all that they can do is make an inquiry and send another request. It just so happens that ours was approved on Jan 3rd (day 89!) even though our case status never changed and supposedly is at the printer... we'll see!

This is the response I got when I e-mailed our District Office.

"Service records show the extension of employment authorization for the applicant was approved. A new employment card will be mailed to the applicant."

That was on the 27th December. My son's application was received in Missouri on the 21st September and they have, and they are, according to the USCIS website, completing applications made now after the 27th Sept.

I have e-mailed our District Office to ask if they can issue an Interim EAD at the office on Tuesday (when we have an INFOPASS appointment) or if they can only make an inquiry of Missouri. My son's EAD expires on Thursday. I will let you know what their reply is.

When you request an INFOPASS it specifically asks if your inquiry is because your EAD hasn't been issued within the prescribed 90 days. You would think that, if the office can't issed an interim document, that there would be some procedure in place where you can request an inquiry be made, if they can't physically issue an interim doc.

Anyway, fingers crossed!

My daughter didn't actually graduate HS in England, she was 13 when she got here. But her school in England contacted her Guidance Counselor here in the US and explained the English system of education to them. The school took into account the number of hours she had spent on certain subjects and they were applied as credits here in the US.

I guess it depends on just how receptive a school you have here and how willing the school in the UK is to deal with them. We were lucky and my daughter is now in her second year of University and doing amazingly well.

Have a word with the Guidance Counselor at the CC you want to attend and ask if you can have your CSE's transferred as HS credits. It's worth a shot!

It's nice to read that people I have never met, or spoken to in person, care about others enough to reply. Thank You.

I didn't have a hangover - thank goodness! Haven't had one of those in such a long time - I always seem to be the designated driver when we go anywhere. Still.

Things didn't get much better this weekend. My eldest son, the one that we are having all the immigrations issues with, is just so stressed-out that I fear he will do something stupid. He is already on anti-depressants because he can't cope with not being able to make many future plans, because he is still without a defined status here. He "lost it" last night and verbally attacked me, saying that I was a bad mother etc. etc. It was particularly hurtful, but I know that he was saying it because he was stressed, feels that this is all my fault and I am unable to get him out of this situation. I feel really bad about it and just wish it was over.

I spoke with my brother, he is doing better after his "frontal lobe seizure" and is back working, albeit from home. He is a Director of Immigration in England, ironically, and he can't understand what is happening here. It is a situation that doesn't arise if an American immigrates to the UK. He said, and it struck a nerve I guess "How can the US government do this to a family?" I keep asking myself that and have been asking that for years now.

I guess the stress of all this, as we now enter the 5th year of this and already we have problems because my son's fourth EAD hasn't arrived and a 5 hour drive to Pittsburgh is necessary, is just getting to me.

Someone mentioned that I was rather "snippy" or used a similar term. I am sorry, if that is the case, but I am so close to a breakdown I am finding this whole situation extremely difficult to deal with any more. My husband deals with our attorney now, because it has gotten so complicated that it just washes over me when they talk about it. They look at it logically, I can't help but get emotional - I am a mother after all. I just ask "What did he do wrong?" and nobody can answer me.

Had a chat with another immigration attorney/ex-congressman. He didn't tell us anything more than our attorney has already, only that my son is accruing unlawful presence and will be subject to a 10 year bar if he should leave the country! So, that didn't actually help us much, it just made me feel worse. Is there nothing we can do to put this right? It seems a long, expensive, court battle is what we have ahead of us in 2007, rather than being able to enjoy our lives and spend time together minus all this stress.

Thanks guys, for your support. It really makes a difference. So many friends and neighbours can't understand what is going on, don't understand the legalities of it all, don't know why such a nice young man should be deported, but many of you do have some idea of how painful and unjust this process can be. Bear with me. I'll try not to complain any more.

Hugs

G.

I think a lot of people hesitate to file a Writ of Mandamus - nobody likes having to take anyone to Court, if it can be avoided. But, as I have stated in the past it isn't necessary to wait any longer than what is considered a "reasonable" time and that is, in a case like this, 180 days.

Personally, I think I would go ahead and file if I were in your position - what have you got to lose? If this continues and, like us, Wes is required to apply for further EAD's, has to drive out to Pittsburgh etc. it may actually save you money in the long-term. What's the filing fee for a Mandamus writ.....around $200? As you say, it is unlikely to actually go to Court, but rather the USCIS will just issue what you are entitled to, avoiding the process.

We have been given several direct telephone line numbers for the original caseworker, the supervisor, adjudications officer and even the District Director at our local office, along with a direct fax line to the Officer and Supervisor at Vermont who dealt with his file at one time. We have been able to keep in touch to find out what is going on, but it didn't help much!!! Sorry, but your "claim to fame" cannot be as the only VJ'er to have a direct contact number with your AO!!! lol

Each cleaning appointment cost me $450. I had to pay the dentist's office, up front. Then today a check came in the sum of $333. I guess that is the amount that Delta cover. I must admit that they paid their portion really quickly, I only had the work done just before Christmas.

I was lucky that I found out just in time about the "use it or lose it" policy and the dentist could fit me in.

It's Friday night. Sounds like beer-thirty time to me.

Beer thirty!

Sorry to hear about your troubles, Girona. And not to be trite, but the January weather probably doesn't make it any better either

Well, the raspberry vodkas are kicking in nicely! Not sure what the weather is like where you are, but it has been really warm here today - forecast in the 70's tomorrow! Scarey really.

Son just popped in to visit - gone to the store with hubby to get beer. Seems like we have all had a bad day. Son's employer asking which employees will agree to being laid-off, voluntarily, until the end of February. It never rains is pours!

Thank goodness when we are all together we can laugh - you couldn't make this stuff up if you tried!!! lol

Immigration issues aside - they just depress the hell out of me - 2007 hasn't gotten off to a brilliant start for me.

My brother, in England, had a major car accident just before Christmas. Three days later he had a brain seizure!

My father, has been told he has a "lump" on the remaining half of his thyroid and is in for surgery at the beginning of next month!

My mother is beside herself with worry over both of them.

My daughter is in England at the moment - went over for New Year. Tells me that my son, her twin brother, joined the Army back in July and hid it from both me and her, but his father knew all about it and kept the secret too.

Today I find out that I have to go in for surgery in three weeks to have my gall-bladder removed.

Son's EAD has been approved, but hasn't arrived yet - this is the fourth one and I am fed up dealing with this problem every year!

Sorry - feeling a little fed up tonight.

We also have dental insurance with Delta. Just be aware that their year runs from January to December. Use up your benefits or you will lose them each year.

Kinko's