Noorah101

Mocha,

Please continue in THIS same thread with your topic, instead of starting new threads.

Rene
Moderator

Elvira

Please read the previous posts. We *cannot* help you because we do not know. Your case is highly unusual.

You can do one of 2 things: (1) wait and see what happens (which I suspect will be a denial notice through the mail), or (2) go and see an experienced immigration attorney who may be able to explain some alternative options - or not. The point is *no one* on this site knows.

For a list of qualified immigration attorneys go to www.ailalawyer.org

Bob

The issue is, he used the C1 to enter, therefore forgo'ed any rights to AOS.

hcj1440

That is only one of the exceptions. There are others. People who entered on transit visas are also not allowed to adjust status. As are J-1 visa holders subject to the 2 yr HRR unless they serve out the HRR or get a statement of no objection. Just examples to show you there are other categories besides crewmen who cannot adjust status, despite marriage to a USC.

Mocha_iced

I'm obviously inexperienced and new to these type of forums, so I apologize for the repeated messages. Thanks. By the way, another problem that I just thought of occurred. During the interview, I asked the interviewer if my husband could still apply for a work permit, and he said that I need to send it to the area that handled my initial paperwork. Instead, we submitted the application electronically on the INS's website. I'm now realizing that he won't even get approved for this since he came in on this type of Visa. I'm really screwed now, right?

Noorah101

I suppose he can apply for the EAD (work authorization), since his I-485 is not completely denied. You would have to fill out form I-765 and send the form plus proof of the I-485 (the NOA from the I-485) to the Chicago lockbox address listed at www.uscis.gov. It takes about 90 days to receive the EAD once it's filed. As long as he has a valid I-485 in the system, he should be eligible for the EAD. Only if the I-485 gets denied will the EAD become invalid.

Don't apply for the EAD on-line....only renewals can be applied for online (I believe so, anyway...that's how it was when we did ours a couple of years ago).

Keep in mind that it takes at least 90 days for him to receive the EAD, and he'll have to go for another biometrics appointment (1 digit and photo this time). Who knows what will happen to your case within the next 90 days? If you want to give it a try, you certainly can. Check www.uscis.gov, forms, I-765, to see what the current fee is. If at any time before or after receiving the EAD in the mail, your I-485 gets denied, then the EAD will be invalid.

Just curious why you didn't apply for his EAD when you filed his AOS? That would have been the best time to do it, as it takes 90 days to get in hand, then he could have been working.

Best Wishes,
Rene

Noorah101

Mocha,

How long ago did you file his AOS package?

Rene

-K

On Apr 27, 5:03 pm, Noorah101 <[email protected]>
wrote:
> > I'm obviously inexperienced and new to these type of forums, so I
> > apologize for the repeated messages. Thanks. By the way, another
> > problem that I just thought of occurred. During the interview, I
> > asked the interviewer if my husband could still apply for a work
> > permit, and he said that I need to send it to the area that handled my
> > initial paperwork. Instead, we submitted the application
> > electronically on the INS's website. I'm now realizing that he won't
> > even get approved for this since he came in on this type of Visa. I'm
> > really screwed now, right?
>
> I suppose he can apply for the EAD (work authorization), since his I-485
> is not completely denied. You would have to fill out form I-765 and
> send the form plus proof of the I-485 (the NOA from the I-485) to the
> Chicago lockbox address listed atwww.uscis.gov. It takes about 90 days
> to receive the EAD once it's filed. As long as he has a valid I-485 in
> the system, he should be eligible for the EAD. Only if the I-485 gets
> denied will the EAD become invalid.
>
> Don't apply for the EAD on-line....only renewals can be applied for
> online (I believe so, anyway...that's how it was when we did ours a
> couple of years ago).
>
> Just curious why you didn't apply for his EAD when you filed his AOS?
> That would have been the best time to do it, as it takes 90 days to get
> in hand, then he could have been working.
>
> Best Wishes,
> Rene
>
> --
> Posted viahttp://britishexpats.com

My understanding from a friend is that you can apply for a new work
authorisation online. This was current as of about a month ago when
she applied for the 1st time.

Noorah101

Good, they can certainly try that, then.

Rene

Mocha_iced

Before leaving the Immigration Office where our interview was held, I asked one of the information clerks about the best way to submitting an I-765, and he suggested that I submit the application online. I was a little apprehensive considering the fact that I really could've done this a long time ago and I was sort of worried that the person on the other end receiving it might think that there's paperwork missing. So I decided to call the USCIS hotline to double-check, and one of the representatives told me that it would be more convenient if I were to submit the application on their website as well. The rep also mentioned that we don't need to send additional documents since we already sent in an I-485 and an I-130. I'm still a little unsure if this is the best way, but we did anyway. It's been about five days so far and we haven't gotten any notification of any kind that the application was received. The only thing we know for sure is that they took their money from our bank account.

Mocha_iced

12/12/06 USCIS received his paperwork.

Mocha_iced

Rene, I made a big mistake when first submitting his AOS application. I thought that the I-485 and the work permit was in one application. This is what happens when you don't do your own research. One of my husband's friends told us that when you are applying for an AOS as the spouse of a USC, you automatically receive a work permit. This was ignorance on my part for not looking into this. For three months we were wondering why we never received anything. Just a couple of days before the interview, we realized that it was a whole different applicatioin. So this is why---I feel very stupid that I didn't look into this myself earlier on, but I can't do anything else at this point but wait.

Noorah101

I'm guessing when you pay online, you use a debit card, so yes, they took your money. Five days isn't very long, so just keep waiting. Once they look at the application, if you still have a valid I-485, they will send you a biometrics appointment letter. Your husband will go have a 1-digit fingerprint and photo done, and then wait again for the EAD to come in the mail. This can take about 90 days, so don't worry if it seems to be taking forever.

This is all assuming you still have the valid I-485 in the system. If your husband receives a denial letter for the I-485, that will make the EAD invalid.

Best Wishes,
Rene

Elvira

You seem to be worrying about a secondary thing. What about the big thing, his AOS, which most likely will be denied?

Have you consulted a lawyer yet? I mean a proper, licensed immigration attorney, preferably a member of AILA.

Mocha_iced

No I haven't yet. I've been looking and it just seems pretty daunting. I spoke to one attorney who said that he specializes in immigration law and that he's also a paralegal professor. He suggested that I submit an I-601 form (Waiver of Excludibility or Inadmissibility) so it can be reviewed in conjunction with the pending AOS. He said that it makes it a lot easier on us if it's submitted before a denial. Which leads me to get an attorney ASAP. I asked him if he would be able to handle it possibly, and he said that he could, but mentioned that it's something fairly easy to do. For some reason I just don't feel 100% about what he said. I know that I should be open-minded at this point since I feel sort of helpless at this point, but I think I'm going to get a few opinions before proceeding with just anyone. Does anyone have any feedback in response to this waiver form?