What do you say when you write your congressman?

[LaGreenEyes 0]

Hello,

I'm going to follow the advice of fellow VJ'ers and write my congressman Kenny Marchant about the delay in my husband's EAD and AP documents, and the false information that we recieved in Dallas (see post in the working and traveling section, EAD denied by dallas)

I just need some suggestions on how ya'll went about it to get results. Did you email? Call? did they call you back? Did you give his A# and NOA receiept numbers?

Thanks so much!

[MaryandMian 1]

http://www.marchant.house.gov/services_privacyform.pdf

You need to read this and grant him permission to inquire on your case for you. It gives him all rights to investigate or discuss your case with any federal agency. Good luck.

Mary

[sjoefl01 1]

They are not allowed to investigate your case until they get your written permission to probe into your business. Find the website of your Congressman and download this form. It will need your signature so get the fax number and send this to them with a letter.

I don't know you Congressperson but most of them have somebody in their office that handles matters of immigration. Unless your's is up for election then don't expect to deal with them directly. I would fax the form and letter and then get on the telephone tomorrow and try to call. For the most part they will usually try to stall you. Most of these matters solve themselves given time. If you want help from them then you must be persistent. Forget E mail. After you send the form it becomes a telephone matter. Try to get a number to call directly if you can.

Unless you know this woman to be particularly helpful then work all of your representatives at the same time. You will find some to be no help at all. The first one I hunted down was the liason for my Congressman Jeff Miller. The lady would not even talk to me. She sat next to her secretary and told her what to tell me.

Remember also that they really can't do much. They have no real authority over Homeland Security right now. Don't expect them to save you from all of this hassle.

Finally, remember all of this when it is time to vote. Never miss an opportunity to punish and reward at the ballot box!! It is the only power you have and most people don't even use it!!

[Anastasia 1]

We emailed a congressman a few months ago, in an email we mentioned all our details: my name, my A#, the receipt number of my case, my husbands name too, our phone # and our address, we explained our situation in detail and politely asked for help. My husband sent identical fax the same day too and called to their office the next day to follow up. There was a person there who was helping with immigration problems and he knew right away who we were, he said he received our fax/email and was about to contact us that day, but we did it first He was helpful and very nice. I had a positive experience with the congressman's office, although they didn't solve all my immigration problems all at once as by magic, but still they gave some information and some reassurance.

[kyleers 0]

Hello,

I'm going to follow the advice of fellow VJ'ers and write my congressman Kenny Marchant about the delay in my husband's EAD and AP documents, and the false information that we recieved in Dallas (see post in the working and traveling section, EAD denied by dallas)

I just need some suggestions on how ya'll went about it to get results. Did you email? Call? did they call you back? Did you give his A# and NOA receiept numbers?

Thanks so much!

I called my congressman's office directly to explain our situation. Like others have said, there is a person who will handle these affairs. I was directed to her, and left a message on her voicemail. She called back within a day or two. I explained our situation in detail, and she told me to send the release form and a letter explaining our situation, and I think our NOA as well (this was for our K1) so that she had all of the background and numbers she needed when she contacted the embassy. When you fax, follow up and make sure they get it. Then in a week or so I'd call back again and see if they'd actually done anything.

The most important thing I would stress is following up. I left it to her for a couple weeks, she didn't seem to do anything, and then when I called her about it again ,I had results in a matter of a few days after that (in the form of an email from the London Embassy telling me my husband had an interview!). Don't be a pain in the booty cos you might burn bridges doing that, but gentle reminders are important. Good luck.

[luv2teach77 41]

This is the information I sent to my congressman through his website. As a result of this information I was contacted by his USCIS liason who handled my case.

Mr. Shimkus,

I am writing to you in connection with two ongoing applications I have filed with the United States Citizenship and Immigration Service. In particular, I would greatly appreciate it if your office could look into the status of the I-765 Application for Employment Authorization (EAD) which I submitted at the end of May, 2005. Below I have outlined the details of my case.

On March 11th 2005 I entered the US on a K-1 Fiance Visa which had been issued by the US Embassy in London, UK at the end of February 2005. At the end of April, in accordance with the conditions of my K-1 visa, I was married. I then set about putting together two applications which were sent to the USCIS District Office in Chicago. The first was the forms and supporting documents for an I-485 Application to Register Permanent Residence or Adjust Status (AOS). The second was the forms and supporting documents for an I-765 Application for Employment Authorization (EAD). Both applications were mailed on May 24th and the USCIS mailed me two I-797C notices of action which I received on June 18th, stating that both applications had been received. The notices of action (NOA) for both the I-485 and I-765 asked me to arrange a Biometrics appointment at my local USCIS office in St. Louis. I did as instructed and attended a Biometrics appointment on July 26th. The online case status for my I-765 application stated a projected processing timeline of between 30 and 90 days.

On July 21st, I received a letter from the USCIS, requesting additional evidence in the form of a Vaccination Supplement (Form I-693). According to the letter, this request was associated with my I-485 Application to Register Permanent Residence or Adjust Status as no mention was made of my I-765 Application for Employment Authorization. I returned the completed vaccination supplement to the Missouri Service Center (Otherwise known as the National Benefits Center) on July 28th, 2005 and received and online case update on August 3rd that the requested document had been received and that processing would resume on this application. Since August 3rd, I have had no word on the progress of either of these applications.

On September 7th 2005, I arranged an INFOPASS appointment at my local USCIS office in St. Louis for September 16th in the hope that I would be able to successfully request an Interim Employment Authorization Document. September 16th would be 92 days since receiving an NOA for my I-765 application. I had checked on the USCIS website about the conditions under which an Interim EAD could be issued and found the following information at http://uscis.gov/text/howdoi/ead.htm …

“What is an Employment Authorization Document?

U.S. employers must check to make sure all employees, regardless of citizenship or national origin, are allowed to work in the United States. If you are not a citizen or a lawful permanent resident, you may need to apply for an Employment Authorization Document (EAD) to prove you may work in the United States.

USCIS issues Employment Authorization Documents (EAD) in the following categories:

• EAD: This document proves you are allowed to work in the United States.

• Renewal EAD: You should apply for a renewal EAD six months before your original EAD expires.

• Replacement EAD: This document replaces a lost, stolen, or mutilated EAD. A replacement EAD also replaces an EAD that was issued with incorrect information, such as a misspelled name.

• Interim EAD: If USCIS does not approve or deny your EAD application within 90 days (within 30 days for an asylum applicant; note: asylum applicants are eligible to file for EADs only after waiting 150 days from the date they filed their properly completed original asylum applications), you may request an interim EAD document. “

Also further down the same page on the USCIS website I found the following…

“If USCIS does not approve or deny your Employment Authorization Document application within 90 days (within 30 days for an asylum applicant; note: asylum applicants are eligible to file for EADs only after waiting 150 days from the date they filed their properly completed original asylum applications), you may request an interim Employment Authorization Document. You must go to your local USCIS office and bring with you proof of your identity and any documents that USCIS has sent you about your employment authorization application. Please click here for more information on USCIS field offices.”

I attended my INFOPASS appointment on September 16th, bringing with me the I-797C notice of action issued in connection with my I-765 Application and my passport and state ID. When I explained to the woman answering questions that it was now 92 days since receiving an NOA for my I-765 application and that I would like to request an Interim EAD, I was told that she couldn’t do anything because “The 90 day count after which an Interim EAD can be issued doesn’t start until the date that your Biometrics were completed”. There is no mention of this requirement on either the USCIS website or the online case status that gives the projected processing time for the application. When I showed her printouts of the webpage that I’ve quoted above, I was told that an I-765 application is not considered complete until Biometrics have been completed. Again, there is no mention of this condition on any of the documentation available from the USCIS.

I would have been happy to go home and wait, potentially until October 24th, for the new 90 day mark to be reached before I contacted the USCIS. However, I have been made aware through an online immigration forum which I am actively involved in, that other people in my exact situation have successfully requested an interim EAD at their local USCIS office on the 91st day after they received their I-797C notice of action. It appears clear to me that it has been left up to the individual field offices to interpret the 90 day rule as they see fit. When the officers adjudicating these requests hold the power to fundamentally affect someone’s life so powerfully by withholding the permission they need to go out and legally earn money, I think it is a disgrace that the guidelines governing the issuance of such an important document are so fluid.

Having spent 8 months in the UK waiting for my initial visa application to be approved, I had more than enough time to research the process that I would have to go through once I arrived in the US. My wife and I were fully prepared for a wait once I was in the US, before I would be in a position to look for work and truly start contributing to my new life. However, at the moment I feel like I have done everything that the USCIS has requested and barriers are still being placed in my way.

For your information:-

Full Name – XXX

Alien Registration Number – AXXX

Case Number for I-465 AOS Application - MSCXXX

Case Number for I-765 EAD Application - MSCXXX

* I also included all the adresses of the USCIS offices that had been contacted or that I had submitted paperwork to up til that point*

Summary Timeline

May 24th, 2005 AOS & EAD Applications sent to Chicago Lockbox

Jun 18th, 2005 NOA's Received for EAD and AOS

Jul 21st, 2005 RFE received. Requested to supply a completed Vaccination supplement.

Jul 26th, 2005 Biometrics completed in St. Louis.

Jul 28th, 2005 Vaccination Supplement mailed to USCIS.

Aug 3rd, 2005 Email notification from USCIS that RFE has been received and AOS processing has resumed.

Sep 16th, 2005 Infopass appointment unsucessful. 90 day count starts from Biometrics, not NOA. Come back Oct 24th if you've not heard anything !!

I would be hugely grateful if your office could use the information that I’ve provided to look into the situation I have outlined. I want nothing more than to be able to go out and start looking for work. If your office could either look into the current status of my EAD application, or provide me with something concrete that I can present to my local USCIS office in St. Louis, so that they cannot dispute a future request for an Interim EAD, I would be most appreciative.

Yours Sincerely,

XXX

Maybe this was information overkill but I wanted everything to clear from day one !!

Hope this will help

Mark

[elyjack 0]

I sent a letter explaining the problem plus copies of all the forms and letters we received from AOS.

It turned out to be a waste of time as my congressman was of no help at all. All he did was check the processing date on the website and tell me I'd better prepare for a long wait. I wrote him back and told him that this date was meaningless and why but I never heard back from him.

BTW, his name is Mike Bilirakis.