Evidence Required

[bigdog 376]

Lets hope your attorney is on top of it, good luck.

[UK2ATL 9]

Ok the reason for the RFE was because i had no I-94 Card which i never had one as i traveled on the Visa Waver Program. My Solicitor was not happy as we supplied all proof of legal entry i.e Passport Stamps and ESTA Paperwork so has responded with a letter and re-submitted evidence. She believes that a poorly trained officer handled my application.

This is what my Solicitor sent back ( i have removed personal details)

Dear Sir or Madam:

Thank you for your letter. Please allow me to confirm, again, that Mr. Blogs entered the US lawfully, on 10/18/2012, on a Visa Waiver, eligible for this program as a British citizen. Please find for your review the following:

1. Color copy of Mr. Blogs bio page of passport, and passport page showing entry, as “WT” (waiver traveler) Exhibit “A”, previously submitted.

2. Copy of ESTA approval form for Mr. Blogs, showing that he applied for and was approved for entry under the USCIS Electronic System for Travel Authorization (ESTA) program, #0000000000000 (Exhibit “B”, previously submitted).

3. Copy of USCIS Policy Changes to the VW Program to Implement ESTA, which explains that:

“Once ESTA is mandatory and all carriers are capable of receiving and validating messages pertaining to the traveler’s ESTA status as part of the traveler’s boarding status, DHS will eliminate the I-94W requirement.” (Exhibit “C”, newly submitted).

Since Mr. Blogs lawfully used the ESTA program, he therefore does not have an I-94, in compliance with your own new regulations.

Please also note that Mr. Blogs U.S. citizen wife is pregnant with their first child and scheduled to deliver in February or March. We ask that you expedite the processing of Mr. Blogs EAD so that he may support his family.

M

[Hypnos 6,577]

The attorney's statement where they ask for an "expedite [of] the processing of Mr. Blogs EAD so that he may support his family" will have no weight, because employment authorisation (using an I-765) is adjudicated separately from the AoS. The proper way to request an expedite of the I-765 is actually to do that, instead of tacking it on as a rider to an RFE for a different application.

[UK2ATL 9]

We have sent a doctors letter with C-Section date separately requesting the expidite of EAD.

[Hypnos 6,577]

I do not believe pregnancy is a valid reason for expediting.

You can read USCIS' expedite criteria here: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=16a6b1be1ce85210VgnVCM100000082ca60aRCRD