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tuesdaysgone

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Posts posted by tuesdaysgone

  1. Hey people, I've not been on here in a while. Basically I've been in a processing pending status for 2 years.

    Today I received an automatic email update from USCIS that states:

    Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

    Your Case Status: Card/ Document Production

    On June 16, 2011, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service at 1-800-375-5283.

    This step applies to applications that result in an applicant receiving a card (such as a "green card") or other document (such as a naturalization certificate, employment authorization document, travel document, or advance parole). Applications will be in this step from the time the order to produce the card/document is given until the card/document is produced and mailed to the applicant. You can expect to receive your card/document within 30 days of the approval of your application.

    If you do not receive your document, please contact our National Customer Service Center at 1-800-375-5283.

    If you have questions or concerns about your application or the case status results

    listed above, or if you have not received a decision from USCIS within the current

    processing time listed*, please contact USCIS Customer Service at (800) 375-5283.

    *Current processing times can be found on the USCIS website at www.uscis.gov under Check Processing Times.

    *** Please do not respond to this e-mail message.

    Sincerely,

    The U.S. Citizenship and Immigration Services (USCIS)

    DOES THIS MEAN MY GREEN CARD IS COMING???

    How come it doesn't mention the I-130?

    This seems to good to be true.

  2. Hey all, I've not been on here for a while as there has not been an update regarding my case until now.

    Back ground: June 09 filed I-130, I-485, I-765. The I-765 was approved. We attended the I-130 interview and wasnt given a decision due to confusion regarding my wifes prevous divorce.

    Were were told it was pending from Sept 09-Feb 02. In Feb 02 we made an infopass appointment and after trying to get information from the uscis clerk, we were told we would have to come back for a second interview. A month later we receive notice of intent to deny the I-130 regarding the waiting times of my wifes previous divorce papers. I appealed this and supplied new evidence to support my case. This is being handled by the board of immigration appeals and is ongoing.

    My I-765 is due for renewal.

    Today the senator's office called and advised that my renewed EAD card has been ordered and that we are going to receive an interview notice for the I-485, they also advised the I-130 is still pending.

    I'm totally confused,

    1. Why would we be interviewed for the I-485 when the I-130 is going through an appeals case?

    2. What is the purpose of the I-485 interview? What can we expect to be asked?

    3. What happens if the I-485 is approved and the I-130 is denied? Is it possible for the I-485 to remain on file, I go back to my home country and file a CR-1 visa using the original I-485?

  3. Hey all, I was wondering if anyone has had experience with renewal of their EAD?

    My situation, my I-130 and I-485 is still processing my original EAD card is going to expire mid August. I currently work full time.

    I'm aware you are supposed to renew the EAD 90 days prior to the current EAD expiring. However in my case due to certain reasons I applied for my EAD 60 days prior to the current EAD expiring. On June 14th I received the I797 Notice of action and the Senators office said that the EAD is pending. I doubt I will have to complete the biometrics again as it has been one year.

    My concern is if the EAD does not arrive in time I don't want to have to resign from my job.

    Now the first response from most people will be is that I am supposed to resign in order not to work unauthorized.

    I've read on numerous forums from other peoples experiences that I would not have to resign from my position based on Section 245(k) of the Immigration act.

    I've read the actual legislation and it basically it says

    "An alien is eligible for I-485 application under 245(k) if the unauthorized stay relating to the overstay and the unauthorized employment did not last 180 days or longer "since the last admission" to the United States. Accordingly, if you had the unauthorized employment lasted less than 180 days, the USCIS may approve the I-485 application based on 245(k) provision.

    The 245(k) rule provides that even the ineligibility of I-485 for the reasons provided in 245©(8), the alien would still be eligible for I-485 application if the alien meets the requirements in 245(k). So you should take advantage of 245(K) benefit that makes I-485 eligible if the unauthorized employment or unlawful status did not last more than 180 days since the latest admission to the United States.

    Those who can file the I-485 timely under 245(K) should cease employment before it reaches 180 days and wait for the EAD approval. Record keeping will be extremely important in this case."

    I was wondering if anyone has been in the same position while an I485 is processing?

  4. I'm currently processing for an I130 and I485, the decision is pending. I currently have an EAD card which expires mid August. I have already applied for a new one and so far received the I797 notice of action.

    My drivers license expires I think the same date. I went into the DMV with the extension of renewing it and was told I dont have the right documentation.

    I had:

    current FN state drivers license

    EAD card

    SS card

    all the USCIS NOA's including application for a new EAD card.

    I didnt have an I94 as this was removed from my passport in the green card interview.

    The woman at the DMV was helpful at all and would explain exactly what documents required, she said something about an OBD? OPT? Something that sounded like that.

    She said she needs proof to show I am legal in the US and something that shows a date.

    I showed her my service requests from USCIS showing my case is processing and is taking longer than normal, and showed her my EAD card which is valid for another 2 weeks.

    Someone PLEASE tell me what I need to bring, is it a case of waiting for a new EAD card and taking that there?

  5. I am one of those who applied for an EAD renewal. Your category will be c(9) and yes, you will NOT pay any fees. There will be no more bio appointment either. The processing times are still 3 months though, so please file for it ASAP. Let me know if you have any other questions. Good luck!

    Thanks, I'm pretty worried about the processing times and I may have to resign until it is approved. I sent mine within 60 days left to process, mainly because I didnt have the money to pay the fee (at the time I thought I had to pay) and secondly I was expecting a quick response once I sent my appeal package. Its been sat untouched in a drawer at uscis for over 2 months.

  6. LOL Your telling me...

    My case is in an appeals process right now. Any ideas on how long a renewed EAD takes or how long to receive an I-797c notice of action?

    The first time it took around 2 months to get the card, I was hoping it will be faster this take as they have all my prints, photograph and documentation from the last EAD.

  7. I need to renew my EAD card and have about 60 days before my current EAD expires.

    Is this enough time for it to process?

    I entered the US as an F1 student, filed I-130 and I485, I-765 which is still pending. Do I need to pay $340 again? I've read the instructions and believe I don't have to as the original I-765 was filed concurrently with the I-485.

    Also I'm no longer F-1 Status so what elibility category would I be? I believe C9 .

    Thanks in advance.

  8. Is it worth complaining to the USCIS Ombudsman?

    Basically in June 09 my wife and I filed an i-485 and i-130. We were interviewed in September and wasnt given a decision then due to a technically regarding the marriage. We were told we would get a decision by the end of September.

    By mid October we heard nothing and called USCIS service center to find out what is going on, we were informed they cant assist and will send a service request to the USCIS office handling the papers.

    A week later we got the service request which stated the case was outside the normal processing times because it is undergoing additional review. We waited a month and wrote to our congressman and senator requesting assistance.

    Early January we got a response from the congressman adv the case has been allocated to an immigration officer for final review.

    By February we didnt hear nothing and made an infopass appointment. We were told at the appointment we would have to come back for a second interview but they didnt know when. A month later we received a notice of intent to deny the I-130 and given 30 days to appeal. I prepared an appeal letter with evidence and was mailed within the 30 day appeal period.

    A few days later we received the receipt and confirmation they got the appeal letter with the uscis appeal form.

    It has been nearly 3 months and we have not heard anything. We called uscis for another service request and was advised the case is undergoing additional review.

    Today we got a call from the senators office, they called uscis for an update, uscis said they received the appeal letter and evidence and its in the file, but it hasnt been touched since it arrived, just filed. The senators office requested they begin action on it immiediately.

    Is it worth complaining about this or will it jepardize my chance of a successful appeal? I've heard so many bad things about USCIS that I am in fear to complain on the basis they will immiediately deny my case because I've complained to someone above them.

  9. Assuming my appeal is denied what is the next course of action? I will be out of status if they do as I no longer have my student status. I will not want to a file a motion for the denied appeal.

    If it does get denied I will immiediately travel back to the UK and resign from my job. Do USCIS have to deport or can I just go back as soon as I receive notice that the appeal is denied? I do not want to negatively affect myself when I reapply for a CR1 from the UK.

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