Girona40

If he has a girlfriend, have them get married .. it worked for my ex wife.

Seriously, it kept him from being deported .. they were married for some time, he filed for change of status, got his citizenship, voila ... (I'm unsure of this entire process or timeline)

BTW, his was student visa from UAE .. but his visa was due to expire very soon at the time of the marriage.

Just an idea for an obviously stressful, seemingly hopeless situation.

As a student your ex-wife has options open to her that my son does not. Unfortunately, we have been told by both USCIS officials and attorneys that the last thing my son needs to do is marry. Firstly, he is not allowed to adjust from anything other than from a K-2 visa holder status. Secondly, marriage is not something that he and his girlfriend are ready for just yet. My son doesn't even want the question of "why?" he married her to enter her head. I think that is very honorable.

Finally, he is legally entitled to be here and all that needs to happen is that the USCIS apply their own laws correctly. If they cannot do that then we will simply all return home to the UK.

You will never know how stressful this has been, but I would never want, nor advise, my son to compromise his principles just so that we could remain here.

Aaaaaaaaah, if only it were that simple!

Read "my story" under my profile. The USCIS feel that a K-2 applicant has right to a visa right up to the day of their 21st birthday, they will let you into the US and they say, the very next day, you become ineligible to adjust status and they're going to deport you!

My twin children are in England celebrating New Year.

My eldest son was not able to join them - can't leave the US at the moment, so we are all off to a party at a friend's house. I wish we had all been able to go to England together.............maybe next year!

Have a good one, everybody and be safe!

I'm one of the designated drivers for the night. Be safe everyone!

Yup, me too - and I'm more than happy to do it!

Excellent Idea!

When I worked for the US Navy we used to provide a free-ride pass to all service personnel so that they could get a taxi, rather than risk the lives of others through drunken driving.

I am certainly an advocate for any program that stops people who have had a drink from driving.

I did my bimetrics last dec 19. & i haven't got ant touches, my last touched was dec 15. Is it a bad sign? Does it mean,they're not doing anything about my case?????

You had your biometrics done on the 19th December 2006? It is only the 31st December and many federal office workers take the entire week off. There is also an Official Day of Mourning declared for President Ford on the 2nd January and the President Bush is encouraging all government offices to close on that day.

I just think that, with the holidays, you may have to a little more patient.

My daugher and I had our interview together - she was still under 18.

Whilst thre were no problems with mine, and they stamped my passport there and then and gave me the letter informing me of the Removal of Conditions, my daughter was told that her FBI namecheck had not come back yet so they couldn't issue an approval that day. Two years later her 10 year green card came in the mail.

I brought my dog and chinchilla from England into Dulles. They traveled in the hold of the plane though. I don't think my nerves could have stood it if I'd have had a cat with me. Just reading your post, I could feel the tension and worry you went through, just in case she pee'd or did anything to upset anyone on the plane. I think you did a great job and seems like your cat didn't stress it at all. Well Done!

So there, no more need to discuss the matter.

cnn report

bbc report

And why does she forfeit the Arlington property (unless this is to be sold to pay the fines)?

Probably it's been determined that the property was either used to commit the crimes (I once heard of a counterfeiter who had to forefeit a pair of pink-handled scissors and a yellow plastic ruler, along with other office supplies) or was bought with the proceeds of them.

Crimes for which non-citizens *must* be deported include all violent felonies, all drug crimes except simple possession for personal use, all immigration-related crimes, and crimes of "moral turpitude." A non-citizen *can* be deported for any crime at all.

A non-citizen can be deported when no crime has been committed, according to what they are doing to my son!

As usual the USCIS website provides information contrary to what everyone else is aware of! I have e-mailed a lady, who kindly gave me her e-mail address, at the Pittsburgh District Office. I simply asked if they are still issuing Interim EAD's and what the process is for getting one.

I'll let you know what the response is.

If you have a drivers license you should know the answer. Turning right on red must yield to any green light.

That was a bit of a silly answer. There are millions of people out there that have a driver's license and still get pulled over each year for not knowing, or following, the road regulations.

an interim EAD is still available? i didnt think so.

Interim EAD: If USCIS does not approve or deny your EAD application within 90 days (within 30 days for an asylum applicant; note: asylum applicants are eligible to file for EADs only after waiting 150 days from the date they filed their properly completed original asylum applications), you may request an interim EAD document.

From the USCIS website - God, I almost stopped breathing altogether then!!! lol

Glenys, download an I-9 form and read the instructions to the employer.

I THINK the instructions state that the employer only need see at least an application for a employment authorization document with 3 days of the hire, and production of that document within 90 days...........................

This is part of the I-9. I think he is screwed if he doesn't have it in hand when the other one expires.

Section 3. Updating and Reverification. To be completed and signed by employer.

C. If employee's previous grant of work authorization has expired, provide the information below for the document that establishes current employment eligibility.

Document #: Expiration Date (if any): Document Title:

At the moment he has broken no laws since arriving in the US four years ago, but if he continues to work and doesn't have a valid EAD in his hand he would be breaking the law. This is just the grounds they would need to deport him. At the moment they are basing their wish to deport him on the fact that he turned 21 during processing, but can't support that with any law. If he breaks this one they will have reason to deport him and that would be a disaster.

Nothing is every straightforward.

Yes, the I-9 rules and verification process were revised in 2005. A receipt only works for a replacement card. Girona, if you have even a slight doubt, I'd consult an immigration attorney to confirm, but in my opinion your son (given all the complications with his case already) might be best advised to take a brief leave of absence til the card arrives.

I hear ya! But there are many companies that won't allow for a "brief leave of absence". They will simply get someone else to fill your position if you can't give them any idea when you will be able to return to work. This is the case with my son's employers.

Anyway, we just checked with the USCIS website on processing dates. It seems that the application was sent to Missouri Service Center?? and it says they have completed EAD applications received up to the 28th September 06. His was received on the 21st. Let's just hope it is in the mail. Oh, we had an attorney actually file the paperwork for his EAD. Seeing as we have one working on the other issues it just seemed easier to have him deal with it. Unfortunately, with the time difference (he's in CA and we are in WV) it was easier to ask here what the status would be.

I don't think he can take much more of this - last year, and the year before, he had to give up his job in order to stay "legal", and it was months before he received the EAD. It would be a total disaster for him now, since he moved into a place of his own only 4 months ago, signing a lease. If he has to give up his job he won't be able to afford to pay the rent. Just another thing for the poor guy to worry about.

Girona,

Given the date his was received, it might not be necessary!

September 21st + 90 days = December 20th.

If USCIS does not approve or deny your Employment Authorization Document application within 90 days (within 30 days for an asylum applicant; note: asylum applicants are eligible to file for EADs only after waiting 150 days from the date they filed their properly completed original asylum applications), you may request an interim Employment Authorization Document. You must go to your local USCIS office and bring with you proof of your identity and any documents that USCIS has sent you about your employment authorization application. Please click here for more information on USCIS field offices

http://www.ailc.com/howdoi/ead.htm

Thank you so much for that! It has put my mind at rest and I can breathe a little easier now. If his EAD hasn't arrived by Friday morning, I will schedule an INFOPASS appointment for him. This means a drive to Pittsburgh, which is several hours from us, and a day off work for my son, but at least it will give him the interim EAD he needs. Let's hope it won't come to that and the darn thing arrives in the mail this week.

Thanks again!

Glenys, download an I-9 form and read the instructions to the employer.

I THINK the instructions state that the employer only need see at least an application for a employment authorization document with 3 days of the hire, and production of that document within 90 days...........................

This is part of the I-9. I think he is screwed if he doesn't have it in hand when the other one expires.

Section 3. Updating and Reverification. To be completed and signed by employer.

C. If employee's previous grant of work authorization has expired, provide the information below for the document that establishes current employment eligibility.

Document #: Expiration Date (if any): Document Title:

At the moment he has broken no laws since arriving in the US four years ago, but if he continues to work and doesn't have a valid EAD in his hand he would be breaking the law. This is just the grounds they would need to deport him. At the moment they are basing their wish to deport him on the fact that he turned 21 during processing, but can't support that with any law. If he breaks this one they will have reason to deport him and that would be a disaster.

Nothing is every straightforward.

Yes, the I-9 rules and verification process were revised in 2005. A receipt only works for a replacement card. Girona, if you have even a slight doubt, I'd consult an immigration attorney to confirm, but in my opinion your son (given all the complications with his case already) might be best advised to take a brief leave of absence til the card arrives.

I hear ya! But there are many companies that won't allow for a "brief leave of absence". They will simply get someone else to fill your position if you can't give them any idea when you will be able to return to work. This is the case with my son's employers.

Anyway, we just checked with the USCIS website on processing dates. It seems that the application was sent to Missouri Service Center?? and it says they have completed EAD applications received up to the 28th September 06. His was received on the 21st. Let's just hope it is in the mail. Oh, we had an attorney actually file the paperwork for his EAD. Seeing as we have one working on the other issues it just seemed easier to have him deal with it. Unfortunately, with the time difference (he's in CA and we are in WV) it was easier to ask here what the status would be.

I don't think he can take much more of this - last year, and the year before, he had to give up his job in order to stay "legal", and it was months before he received the EAD. It would be a total disaster for him now, since he moved into a place of his own only 4 months ago, signing a lease. If he has to give up his job he won't be able to afford to pay the rent. Just another thing for the poor guy to worry about.

Glenys, download an I-9 form and read the instructions to the employer.

I THINK the instructions state that the employer only need see at least an application for a employment authorization document with 3 days of the hire, and production of that document within 90 days...........................

This is part of the I-9. I think he is screwed if he doesn't have it in hand when the other one expires.

Section 3. Updating and Reverification. To be completed and signed by employer.

C. If employee's previous grant of work authorization has expired, provide the information below for the document that establishes current employment eligibility.

Document #: Expiration Date (if any): Document Title:

At the moment he has broken no laws since arriving in the US four years ago, but if he continues to work and doesn't have a valid EAD in his hand he would be breaking the law. This is just the grounds they would need to deport him. At the moment they are basing their wish to deport him on the fact that he turned 21 during processing, but can't support that with any law. If he breaks this one they will have reason to deport him and that would be a disaster.

Nothing is every straightforward.

My son's EAD expires in two weeks. This is his FOURTH one and I should know the answer to this question by now, but have not been able to establish (for sure) what the law states in this situation. Last year, he gave up his job in order to be on the "safe side" rather than risk giving them further "reason" to deport him.

He has applied for a renewal of his EAD and has had his biometrics done etc., back in November. If the EAD doesn't arrive before the other one expires is he able to continue working?

the lawyer i just spoke to advised me that we even have a case 7 months later. it really just depends on how much document you have amassed to support your case.

and also what your circumstances are that make further delay "unreasonable".

Wise words, indeed.

I particularly liked this:

Many times, our new mate comes here to be with us possessing only their personal honor and the fervant hope of a successful marriage.

Even as a Brit landing in the US, there are enough subtle differences that I still feel out of place from time to time, nearly two years down the line.

Good luck to all incoming immigrants, and may they all have the love and support of someone like the OP.

As a Brit that came here five years ago, and worked for the US Federal Government for three years prior to that, I still find that there are differences.......... and they are often not so subtle! lol

I only commented to my daughter the other day how you would have thought things would be so much easier by now, but they are just as difficult, in some cases even more so. Spending 3 hours grocery shopping for Christmas had us, and the staff at our local supermarket, all totally confused! In the end we were all in fits of laughter, as the differences we really thought were well behind us, reared their heads once more. One lady who worked in the store was from Bosnia and she was laughing, along with us, saying how nice it was to see that other people were experiencing the same frustrations she was and how it was good to see that we could, at least, laugh about them.

"the government argues that the timing of processing is a discretionary act".

News from the Courts

"If a government agency is unable or unwilling, however, to adjudicate an adjustment of status application within a reasonable time (which Congress has determined to be 180 days)"

An Analysis of Adjustment of Status Portability Under AC21

I don't agree with Rebecca that 2 years is a timeframe that one should be prepared to apply in order to meet the "reasonable" criteria here. If you think about it, why should you wait 2 years when an EAD is issued for 1 year - surely that would give you an indication as to when an AOS application is expected to be processed by. I know that it isn't always the case, but that is where I think you should be basing what Congress considered "reasonable" in the processing of AOS.

There are cases that have been through the courts, requesting the "service" the applicant is paying for is afforded them, within a reasonable timeframe. Many of these cases are filed well before 2 years has elapsed.

I just got an e-mail from Mom. The vet looked down in his throat and there was cancer everywhere. He said we made the right choice. I really just wish I could have been there so Willie wouldn't have to die with just my Dad. We're having him cremated and they'll make a plaque for the urn. I don't even know how I'm going to go to my mom and dad's house anymore, knowing he's not going to be there....

Time will heal your pain. Remember happy times you spent together and realise that Willie had a life that so many other dogs never get the chance of. You and your parents did what was right for Willie, you ended hif life with dignity.

I imagine it was hard for your Dad going home to a house where a pet was once a HUGE part of what made it a home.

Big Hugs

G.

Congratulations! How special a Christmas gift is that?

Thanks for posting that, it's infrequent that people posting on the internet admit they were wrong, and you're good for doing so.

That will truly s*ck as how do they expect a wonderful marriage to start when economic hardships cause many marriages to fail.

Well your wife can get an EAD within 90 days of filing for AOS.

Personally I'm in favor of eliminating the K-1 EAD, because the whole "90 days from entry and then you have to quit working while waiting for your EAD" thing is confusing, and often leads to people working illegally. Plus they only tend to give out the EADs at JFK anyway, so its hardly an equally applied rule.

Unfortunately, I have learned that the USCIS are known for not applying rules equally!

She worked at a mexican restaurant under the table where on the owner was a legal resident.

We now are sending out the AOS this week and her I-94 expires on DEC 26, after which she will continue to work and have her taxes taken out of her check as usual. If we are asked after DEC 26 about the expired I-94 (which I seriously doubt) we will do our best to stall so she can continue to work until Sears says, "Sorry you can't work here anymore until you have a current EAD."

Regardless of if her current job is legal or not, she has worked illegally and you are suggesting that she will continue to work even after she falls out of status and thus will be illegally employed again. If you feel so strongly that this is okay, will you be mentioning it at your AOS interview?

I think you will find that one of the "standard" questions they ask at the AOS interview is "Have you worked without authorization?"

That said, there are several people here that have done so and have answered "yes" to the question, when asked at their AOS interview and the caseworker does not hold it against them at all. They have been approved and working illegally is simply ignored.

I guess it is all down to whether you want to "follow the rules" or not. If these things are "forgiven" because you are married to a USC, then I guess the USCIS don't expect people to follow the legal path.

It makes no sense and really it is down to the individual whether they want to take the chance or not.

A very understanding post.

The sad thing is that sometimes the immigrant partner just can't cope with the "shock".

It is far greater than many of our partners ever realise.