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E-filing I-765 for EAD renewal during AOS

E-filing I-765 for EAD renewal during AOS

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Old Mar 15th 2005, 4:55 am
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Default E-filing I-765 for EAD renewal during AOS

Hi everybody.

I am a UK citizen married to a US citizen, living and working in the US, currently undergoing AOS. I have e-filed I-765 and am waiting for a renewal EAD.

Now, I-765 question 15 asks for 'Current Immigration Status'. When I applied for my first EAD, by mail, together with I-130 and I-485, I answered this question 'Adjustment Applicant' as suggested in Ilona Bray's excellent book 'Fiance and Marriage Visas'. This worked just fine.

My current EAD expires at the end of March. I e-filed I-765 to renew my EAD at the start of February (Yeah - don't know *what* I was thinking...) The 'Current Immigration Status' question is a drop-down box. I expected to find Adjustment Applicant' as an option, but it is not there. In fact there is nothing there that reflects my situation. I selected 'ADVANCE PAROLE (DISTRICT AUTH)', as this was the only thing I could relate to (I have advance parole), this is how I answered Question 14, I was already *way* late filing, and basically I couldn't think what else to do. Still, I didn't think it looked right, so I phoned the Customer Service Center shortly after and was told that 'Advance Parole' is *NOT* a status, and that I must have made a mistake. I asked what my current status is, and was told that I have no current status. The conversation ended, as is often the case, with me being none the wiser about what I should have answered, and how, since 'No current status' is not on the list.

My questions are (sorry - I'm hopeless at brevity):
What is the answer to I-765 question 15 if you are awaiting AOS and have no other status?
Do you have to mail supporting documentation?

With regard to the second question, when I e-filed I understood that I would be given a list of required supporting documentation - if any - after I completed the form. There was no list, so I assumed none was required. I asked for confirmation of that at the ASC when I went to get fingerprinted - they too said none was required (though I've read elsewhere in this forum that they aren't experts.) I asked following my question above to the CSC and was given a long list of things to mail, which I will do as soon as I've finished writing this.

It's very frustrating. I know the problem is of my own making since I didn't file 6 months ago, however I genuinely can't understand why, since USCIS already has all your documentation on file, any of this should be necessary. For a renewal of any type, question 1 should be 'Has anything changed?' and if the answer is no then that should be the end of it. Just imagine how much time, paper, storage space and administration cost would be saved that way, and the effort saved could be invested in speeding up some of the other processes that are taking years.

Oh well - answers to the two questions would be much appreciated. Thanks for reading this tome.
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Old Mar 15th 2005, 6:03 am
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Default Re: E-filing I-765 for EAD renewal during AOS

Originally Posted by BooGeek
Hi everybody.

I am a UK citizen married to a US citizen, living and working in the US, currently undergoing AOS. I have e-filed I-765 and am waiting for a renewal EAD.

Now, I-765 question 15 asks for 'Current Immigration Status'. When I applied for my first EAD, by mail, together with I-130 and I-485, I answered this question 'Adjustment Applicant' as suggested in Ilona Bray's excellent book 'Fiance and Marriage Visas'. This worked just fine.

My current EAD expires at the end of March. I e-filed I-765 to renew my EAD at the start of February (Yeah - don't know *what* I was thinking...) The 'Current Immigration Status' question is a drop-down box. I expected to find Adjustment Applicant' as an option, but it is not there. In fact there is nothing there that reflects my situation. I selected 'ADVANCE PAROLE (DISTRICT AUTH)', as this was the only thing I could relate to (I have advance parole), this is how I answered Question 14, I was already *way* late filing, and basically I couldn't think what else to do. Still, I didn't think it looked right, so I phoned the Customer Service Center shortly after and was told that 'Advance Parole' is *NOT* a status, and that I must have made a mistake. I asked what my current status is, and was told that I have no current status. The conversation ended, as is often the case, with me being none the wiser about what I should have answered, and how, since 'No current status' is not on the list.

My questions are (sorry - I'm hopeless at brevity):
What is the answer to I-765 question 15 if you are awaiting AOS and have no other status?
Do you have to mail supporting documentation?

With regard to the second question, when I e-filed I understood that I would be given a list of required supporting documentation - if any - after I completed the form. There was no list, so I assumed none was required. I asked for confirmation of that at the ASC when I went to get fingerprinted - they too said none was required (though I've read elsewhere in this forum that they aren't experts.) I asked following my question above to the CSC and was given a long list of things to mail, which I will do as soon as I've finished writing this.

It's very frustrating. I know the problem is of my own making since I didn't file 6 months ago, however I genuinely can't understand why, since USCIS already has all your documentation on file, any of this should be necessary. For a renewal of any type, question 1 should be 'Has anything changed?' and if the answer is no then that should be the end of it. Just imagine how much time, paper, storage space and administration cost would be saved that way, and the effort saved could be invested in speeding up some of the other processes that are taking years.

Oh well - answers to the two questions would be much appreciated. Thanks for reading this tome.
I'll answer the second part of your question first. I e-filed both renewal for AP and EAD and found it an excellent and speedy way to do it. You don't need to send off anything regarding the EAD - but you do need to make an appointment for your biometrics at your local office. They take fingerprint and photo. I presume you have a receipt printed out when you e-filed?

I received an email about a day after I e-filed which said
*****
"It has come to our attention that the Next Step instructions provided on the E-Filing Confirmation Receipt Notice for the receipt number(s) listed above INCORRECTLY stated that you would "receive a notice in the mail confirming your scheduled appointment with the Application Support Center, as determined and scheduled by the USCIS. Do not self-schedule, etc." These instructions are incorrect.

* * * Please see the correct instructions, below. * * *

You must phone the BCIS National Customer Service Center at 1-800-375-5283 [TTY 1-800-767-1883] to schedule an appointment with your local Application Support Center. You will need your BCIS Receipt Number and ASC Fingerprint Code to schedule the appointment.

The Application Support Center will collect a digital photograph, signature, and fingerprint from you at your appointment.

Please bring a copy of your e-filed application and this confirmation receipt with you to your appointment at the Application Support Center.

Your application cannot be processed until you have appeared for your appointment at the Application Support Center.

Thank you,
E-Filing Support Team
U.S. Citizenship and Immigration Services"
****
I made an appointment immediately - which was about two weeks away. So ring the number I have quoted asap with your referernce number from your receipt.

Regarding your first quesstion - I do believe I put in what you put in - I will look at the copy of my form tonight and let you know. I had no problem with my EAD and got it in 74 days from e-filing. Excellent service. I am sure your form will be fine.
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Old Mar 15th 2005, 7:05 am
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Default Re: E-filing I-765 for EAD renewal during AOS

Wow - thanks for the super-fast reply! They must have sorted out their 'next step instructions' problem, because I got the corrected instructions that you posted (I filed Feb 14th, btw.) I phoned the CSC, set up an appointment, and went to the ASC last Friday. If you answered the current status question as 'Advance Parole', and didn't need to send in supporting documentation, then our cases are quite similar and that's *very* reassuring.

I agree that e-filing is the way to go if it avoids adding to the paper burden. It was extremely straightforward, other than for that one question. Basically, I think they use the same script for both 'manner of last entry' and 'current status' questions. For people on visas, that's fine, but it doesn't work for advance parolees if, as I was told by the CSC, advance parole isn't a status-and there must be 1000s of us. I wonder if I should write a letter to the CSC about it, in which case I wonder to whom it should be addressed?

Originally Posted by AlisonPA
I'll answer the second part of your question first. I e-filed both renewal for AP and EAD and found it an excellent and speedy way to do it. You don't need to send off anything regarding the EAD - but you do need to make an appointment for your biometrics at your local office. They take fingerprint and photo. I presume you have a receipt printed out when you e-filed?

I received an email about a day after I e-filed which said
*****
"It has come to our attention that the Next Step instructions provided on the E-Filing Confirmation Receipt Notice for the receipt number(s) listed above INCORRECTLY stated that you would "receive a notice in the mail confirming your scheduled appointment with the Application Support Center, as determined and scheduled by the USCIS. Do not self-schedule, etc." These instructions are incorrect.

* * * Please see the correct instructions, below. * * *

You must phone the BCIS National Customer Service Center at 1-800-375-5283 [TTY 1-800-767-1883] to schedule an appointment with your local Application Support Center. You will need your BCIS Receipt Number and ASC Fingerprint Code to schedule the appointment.

The Application Support Center will collect a digital photograph, signature, and fingerprint from you at your appointment.

Please bring a copy of your e-filed application and this confirmation receipt with you to your appointment at the Application Support Center.

Your application cannot be processed until you have appeared for your appointment at the Application Support Center.

Thank you,
E-Filing Support Team
U.S. Citizenship and Immigration Services"
****
I made an appointment immediately - which was about two weeks away. So ring the number I have quoted asap with your referernce number from your receipt.

Regarding your first quesstion - I do believe I put in what you put in - I will look at the copy of my form tonight and let you know. I had no problem with my EAD and got it in 74 days from e-filing. Excellent service. I am sure your form will be fine.
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Old Mar 15th 2005, 7:19 am
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Default Re: E-filing I-765 for EAD renewal during AOS

I'll look tonight at my copy and see what I put and let you know.
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Old Mar 15th 2005, 6:26 pm
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Default Re: E-filing I-765 for EAD renewal during AOS

BooGeek wrote:
    > Hi everybody.
    >
    > I am a UK citizen married to a US citizen, living and working in the US,
    > currently undergoing AOS. I have e-filed I-765 and am waiting for a
    > renewal EAD.
    >
    > Now, I-765 question 15 asks for 'Current Immigration Status'. When
    > I applied for my first EAD, by mail, together with I-130 and I-485,
    > I answered this question 'Adjustment Applicant' as suggested in
    > Ilona Bray's excellent book 'Fiance and Marriage Visas'. This
    > worked just fine.
    >
    > My current EAD expires at the end of March. I e-filed I-765 to renew my
    > EAD at the start of February (Yeah - don't know *what* I was
    > thinking...) The 'Current Immigration Status' question is a drop-down
    > box. I expected to find Adjustment Applicant' as an option, but it is
    > not there. In fact there is nothing there that reflects my situation. I
    > selected 'ADVANCE PAROLE (DISTRICT AUTH)', as this was the only thing I
    > could relate to (I have advance parole), this is how I answered Question
    > 14, I was already *way* late filing, and basically I couldn't think what
    > else to do. Still, I didn't think it looked right, so I phoned the
    > Customer Service Center shortly after and was told that 'Advance Parole'
    > is *NOT* a status, and that I must have made a mistake. I asked what my
    > current status is, and was told that I have no current status. The
    > conversation ended, as is often the case, with me being none the wiser
    > about what I should have answered, and how, since 'No current status' is
    > not on the list.
    >
    > My questions are (sorry - I'm hopeless at brevity):
    > What is the answer to I-765 question 15 if you are awaiting AOS and have
    > no other status?
    > Do you have to mail supporting documentation?
    >
    > With regard to the second question, when I e-filed I understood that I
    > would be given a list of required supporting documentation - if any -
    > after I completed the form. There was no list, so I assumed none was
    > required. I asked for confirmation of that at the ASC when I went to get
    > fingerprinted - they too said none was required (though I've read
    > elsewhere in this forum that they aren't experts.) I asked following my
    > question above to the CSC and was given a long list of things to mail,
    > which I will do as soon as I've finished writing this.
    >
    > It's very frustrating. I know the problem is of my own making since I
    > didn't file 6 months ago, however I genuinely can't understand why,
    > since USCIS already has all your documentation on file, any of this
    > should be necessary. For a renewal of any type, question 1 should be
    > 'Has anything changed?' and if the answer is no then that should be
    > the end of it. Just imagine how much time, paper, storage space and
    > administration cost would be saved that way, and the effort saved
    > could be invested in speeding up some of the other processes that are
    > taking years.
    >
    > Oh well - answers to the two questions would be much appreciated. Thanks
    > for reading this tome.
    >

The proper box is "(c)(9)" if you are a pending adjustment applicant.

--
Above intended as general commentary, not specific legal
advice. Your mileage may vary.

================================================== =============
Jonathan McNeil Wong Voice: 510-451-0544
Donahue Gallagher Woods LLP Facsimile: 510-832-1486
P.O. Box 12979 URL: http://www.donahue.com
Oakland, CA 94604-2979 E-mail: [email protected]
================================================== =============
 
Old Mar 17th 2005, 6:21 am
  #6  
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Default Re: E-filing I-765 for EAD renewal during AOS

Thanks - the problem is with question 15 however - I think you are referring to question 16.

Originally Posted by Jonathan McNeil Wong
BooGeek wrote:

The proper box is "(c)(9)" if you are a pending adjustment applicant.

--
Above intended as general commentary, not specific legal
advice. Your mileage may vary.

================================================== =============
Jonathan McNeil Wong Voice: 510-451-0544
Donahue Gallagher Woods LLP Facsimile: 510-832-1486
P.O. Box 12979 URL: http://www.donahue.com
Oakland, CA 94604-2979 E-mail: [email protected]
================================================== =============
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Old May 1st 2005, 4:47 pm
  #7  
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Thumbs up Re: E-filing I-765 for EAD renewal during AOS

Hi everyone. I e-filed for a renewal EAD in a hurry back on February 14th, when I noticed my current one would expire on March 29th and I should have applied at least 90 days before that. Just a follow-up, with some dates / observations:

February 14th: e-filed I-765 with the NBC
February 15th: made appointment at Birmingham, AL ASC for first available date - March 11th.
March 11th: fingerprinted / photographed.
April 19th: received approval notice.
April 21st: received card.

So there you have it. The card is actually dated from April 14th - so about 2 months in all.

For question 15 (Current Immigration Status) I answered 'ADVANCE PAROLE (DISTRICT AUTH)' since there is no 'Adjustment Applicant' option. As I thought, and as pretty much everyone said at the time (including CSC), this is wrong / doesn't make any sense, however it was the only possible option from an (I think) incomplete drop-down list. Also, I got lots of different advice about what supporting paperwork to send in. At one extreme the ASC people said I needn't send anything. At the other, CSC wanted chapter and verse. In a nutshell, I didn't send any supporting information, and the card was renewed. I wonder if I had sent in the tear-off portion from the previous card mailer if it would have sped things up, but I doubt it.

Thanks to all here for advice / encouragement at the time.
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