leopards

originally addressed to 'Ian'

You mentioned before that side benefits of an AOS like EAD and AP doesn't matter if the AOS is denied which I understand. But if the entire process is dependent on the AOS then why bother taking biometrics for the EAD/AP? If they will be granted 100% no matter what the bio shows why the formality? Or I am right in assuming that USCIS does indeed check the bio before they issue the EAD/AP's. I would think immigration wouldn't want to grant benefits to someone with a criminal background regardless of if they are applying for LPR. Explain your statements please.

meauxna

Hi leopards,
I edited your thread title so that you're not calling out one person here.. we do have a private message system here if you need to contact someone individually.
However, since it's a better idea to ask your immigration questions on the public forum, this is a good place to leave your question. You can also copy over quoted text in the future.. this is a good way to start a new thread.

The biometrics are captured for a couple of reasons. One, they may be used for the name and security checks run for your I-485 application. Two, there is some sort of unique ID that goes into the EAD card, and your photo is used on it as well.

The I-131 and I-765 will be approved on the basis of a pending I-485. Whether or not that is good policy for USCIS I don't know, but they are always approved.
If the I-485 is denied or abandoned, the interim benefit documents die with it.

Does that answer your question?

Noorah101

USCIS probably doesn't mind if the person with a criminal background works (uses the EAD), but they don't want him to ultimately get a green card and become a PR. If the AOS is denied, no PR granted and no more EAD either.

Rene

Noorah101

At the biometrics appointment, they will capture a 1-digit scan, and a photo of you. Those end up on your EAD card.

The full 10-digit scan is used for the security check.

Rene

leopards

I guess my confusion stems from the previous claims some members made that the EAD/AP is 100% guaranteed, an automatic process. If that is the case and I believe the people who made the claims are accurate, then why waste the time and resources processing it? Why not receive every 485 and automatically send a small attachment to the visa center that a 485 has been received and a card needs to be made. Logically if the process is a 100% sure fire thing, then using the absolute minimum amount of resources and time would be the most efficient means of operating the centers, right? So if the 485 is received August 1st because the EAD/AP is automatic and regardless of any criminal history a certainty, then on Aug 1st shouldn’t the service centers already begin to order card production? Maybe I’m using too much logic here but I’ll use a gambling analogy, if you knew all the winners of a horse racing event why bother wasting time going to the track. You already know the outcome. Just place the bet and do other things. It’s sure fire, right?

Noorah101

When you say "card" in your paragraph above, do you mean "green card"?

If so, then no, it doesn't make sense that USCIS would order green card production the same day they receive the I-485. There are people in line ahead of you who still need to get processed. Someone still has to check all the AOS package for accuracy. You still need to go for an interview.

If by "card" you mean EAD (the AP is not a card, so I don't think you meant AP, right?) then again it doesn't make sense to start EAD production the same day they receive the I-765. There are people ahead of you still waiting, who need theirs produced first, and there is a photo and fingerprint ID that needs to be taken so they can put it on the card as part of your unique EAD ID, so that you can't just pass off your EAD to someone who shouldn't be working.

The EAD and AP are interim benefits given to someone who is applying for a green card. They are a separate thing from the green card itself. Production of the EAD and AP are handled somewhere else other than the green card production.

EAD and AP are always given to someone who has a correctly filed I-485. If you receive an RFE on the I-485, then the EAD and AP production are also slowed down. So in a way, they are connected....but once the I-485 is considered successfully filed, the EAD and AP are awarded, so the immigrant can work and travel while waiting for the I-485 to be adjudicated.

Rene

leopards

Yes, but still if the EAD/AP is automatic why spend months processing then when they are guaranteed? Why not start production of an EAD card and AP papers the day they receive the 485 for everyone. Regardless of any special ID built into then I would doubt an employer in most businesses would ask for biometric proof the card holder is the same person. And the AP is a piece of paper with photographs on them. The same as an old passport. So again why not just start this process immediately if they are both 100% guaranteed and use the extra time and resources processing the less certain cases or forms. It would be more efficient don't you think?

Noorah101

The EAD and AP are based on a successfully filed I-485. USCIS does not determine that you have a successfully filed I-485 on the day they receive it. It takes a while for USCIS to determine that you have a successfully filed I-485 and then they start the EAD and AP production. Lately, APs have been received within 30 days, for example. That's pretty darn quick, isn't it? That means USCIS determined there was a successfully filed I-485 AND send out for AP production AND included mailing times for everything ... all within 30 days! I don't see how much faster it could happen.

Again...USCIS might receive the I-485 on Nov 1st....but that doesn't mean a live person has a chance to look at it on that day, to determine it's a complete and acceptable package. So they can't start production of an EAD or AP the first day they receive an I-485. It takes time for someone to actually look at the I-485 package and make sure everything that needs to be in there is in there.

Rene

leopards

Ok well maybe the same day approval is too optimistic but why not start both the EAD and AP the first week. Surely if they checked the 485 for correct filing during the first week and decided to forgo the formality of the biometric for the EAD then there would logically be more resources and time to put towards the 485 or more lengthy cases, right? I guess it comes back to logic. Why spend any more time that you logically need to in order to process forms that are 100% certain.

Noorah101

Perhaps your idea is logical....but it's not practical. I don't think you have any idea how many AOS packages come through USCIS' door. There is no way they would be able to look at all of them the first week and detemine them to be correctly filed. It's a sheer volume thing.

Personally, I think USCIS DOES process the EAD and AP as fast as they can possibly do so. A month or two is pretty quick, when you consider how many of these things get processed.

Rene

Rete

Because both require photographs and the EAD requires a fingerprint on it. How do you want them to process them with the receipt of the I-485. And yes, the process is started immediately. And no, nothing is guaranteed. If the I-485 is not complete you won't get the EAD and/or the AP.

Years ago you were required to send in your own passport style photos and do a fingerprint card with the I-765 and photos for the I-131.

But guess what, they can be fabricated by criminals for just about anyone if you did it that way.

I don't know what extra resources you are going on about. The resource is required for the security check and you have to go there and do it anyway so at the same time they do the photo for the EAD, A/P and the, hopefully someday, green card.

leopards

But why require any sort of biometrics for the EAD? If it is certain once the 485 is correctly filed then why spend the extra time putting it into a card. Either way and it's still 100% certain. Why waste that time? And by resources I mean the staff that have to check the EAD/AP and put the bio into the card which is a guarantee. Why not use those resources (staff) on cases that are less certain. If I don't have to spend $1 more than necessary I don't say to vendors "hey I know I've bought this and it's certainly mine but I'll spend more on it anyway." It doesn't make logic sense does it.

Noorah101

How would you rather the EAD look? Other than a card? The EAD is a government issued ID. It can't just be a slip of paper with your name on it.

I"m sorry...I guess I'm just not following your logic.

Rene

leopards

A driver's license is a government issued card too, and that's not a slip of paper.

Noorah101

Oh, I see. So you're saying when you go in to do the EAD biometrics, why can't they just produce the card on the spot for you, like they do at DMV?

Rene