AOS, EAD & AP

[Melyssa 0]

Not that I'm hoping my AOS will be denied but I'm wondering if anyone knows the answer to this...

In the case that it is denied, I read on here that someone had their EAD terminated as well. Does anyone know if this would apply to AP as well?

[john_and_marlene 162]

Not that I'm hoping my AOS will be denied but I'm wondering if anyone knows the answer to this...

In the case that it is denied, I read on here that someone had their EAD terminated as well. Does anyone know if this would apply to AP as well?

Both EAD and AP benefits are tied to the AOS. If the AOS is denied, both benefits end. You can reapply for them if you make a new application for AOS.

[Melyssa 0]

Not that I'm hoping my AOS will be denied but I'm wondering if anyone knows the answer to this...

In the case that it is denied, I read on here that someone had their EAD terminated as well. Does anyone know if this would apply to AP as well?

Both EAD and AP benefits are tied to the AOS. If the AOS is denied, both benefits end. You can reapply for them if you make a new application for AOS.

Ugh. That's what I thought.

It's sad cause the only reason they'll possibly deny it is b/c of their own mistake our RFE was for my medical that they misplaced.

Edited February 8, 2008 by Melyssa

[Minya's wife 25]

Have you replied to the RFE, i.e. have you had any success in locating your medical records? I know it is a screw-up on their part to have lost your medical, but is it really worth it to have your AOS rejected on this principle. USCIS will never fully accept 'responsibility' for their screw-up....and for most of us its just not an option to allow the AOS to be denied for a mistake they made. In the case of lost medicals....many just bite the bullet and have their exams re-done and send that it. Is this something you're pursuing?

-P

[john_and_marlene 162]

Have you replied to the RFE, i.e. have you had any success in locating your medical records? I know it is a screw-up on their part to have lost your medical, but is it really worth it to have your AOS rejected on this principle. USCIS will never fully accept 'responsibility' for their screw-up....and for most of us its just not an option to allow the AOS to be denied for a mistake they made. In the case of lost medicals....many just bite the bullet and have their exams re-done and send that it. Is this something you're pursuing?

-P

I have to agree. Is risking the AOS worth the cost of a medical?

[Melyssa 0]

Have you replied to the RFE, i.e. have you had any success in locating your medical records? I know it is a screw-up on their part to have lost your medical, but is it really worth it to have your AOS rejected on this principle. USCIS will never fully accept 'responsibility' for their screw-up....and for most of us its just not an option to allow the AOS to be denied for a mistake they made. In the case of lost medicals....many just bite the bullet and have their exams re-done and send that it. Is this something you're pursuing?

-P

I have to agree. Is risking the AOS worth the cost of a medical?

I guess we will find out soon... it's not something we haven't thought VERY seriously about though. And, we did send a copy of the medical, along with statements about where they can find another copy (we discovered that the U.S. Consulate I had my interview at has a copy which they said they will grant to immigration upon request) if they don't want to accept the one that we provided and willingness to do the medical if it really is absolutely necessary.

Yes, I was a bit reluctant to do it because I was afraid they'd deny it anyway. But we'll have to see what happens and the odds seem to be on our side...

Thanks guys. In the case we have to file again, that's what we'll have to do.

Edited February 8, 2008 by Melyssa