Delayed Biometrics Letter and EAD

[syntaxkid 0]

Hello,

My wife and I submitted her AOS and EAD/AP application and our NOAs were issued on March 25, 2013. Since then, we have receieved nothing further. My wife contcted USCIS on May 1, 2013 to inquire about the biometrics letter. The representative told her he would submit a request for further information but that if she didn't recieve a response to the request in 15 days, to contact USCIS. On May 15, 2013, my wife contacted USCIS again. Customer service told her he submitted the service request and provided a confirmation number. She then spoke to a Tier-2 representative who told her that the Biometrics Fee had been cashed out days earlier, and that she would recieve an appointment in the next two weeks. We waited 4 weeks and still, we heard nothing and did not recieve an appointment or a response to the service request. On June 15, my wife contacted them again. Customer Service told my wife that the biometric center is delayed and that the May 15 Service Request overrides her ability to submit another request.

We are approaching the 90 day wait for EAD. What's worse is that she has been unsuccessful in obtaining a PA state ID/Driver's license because the state is unable to find her in the SAVES system. She can't drive or work. Also, to be eligible for an Interim EAD, she must provide an ID to prove her residence.

For whatever reason, her AP has been approved online but hasn't moved to card production and no change in EAD other than acceptance.

Can anyone explian if the biometrics fingerprinting (or at least an upcoming appointment) is necessary for EAD? I know the EAD/AP connected to the I-485 are supposed to be adjucticated together to reduce visits to biometrics, and it seems she has only been approved for AP. Also, the representatives who we have spoken with seem to pointing toward the Fingerprinting as being the hold up. If anyone knows more about this, I'd appreciate your thoughts on everything.

Colin

Edited June 16, 2013 by syntaxkid

[Harpa Timsah 13,258]

EAD can be issued without biometrics, but it would only be after the 90 days period. You aren't there yet.

AP never requires biometrics so your explanation for the combo card isn't correct.

You should be following up on the biometrics, but if your local office is backed up, that might be the reason - no available appointments. What is your local office? Also make sure with USCIS that no mail pieces have been returned as undeliverable.

As for the ID, yeah, that's how it is. EAD takes 90 days so to expect it any sooner is just going to lead to disappointment.

[syntaxkid 0]

Thank you for clearing that up for us. I didn't realize that they have to wait the full 90 days for biometrics before they can move forward in giving EAD. That would make sense because the AP has been approved for some time now but never moves to the card production. Perhaps the adjucticator put it aside to wait the 90 for a biometrics appointment for the EAD. Thanks!

[Harpa Timsah 13,258]

Well approving the EAD without biometrics is extremely unusual. So your case is tagged as both without biometrics and before the 90 days. If your local office is very backed up they can issue the EAD after 90 days. But you should continue to follow up on the bio appointment. Check the local office timeline with people here and make sure your mail is being delivered.

[syntaxkid 0]

I found some people on here who list philadelphia as their local office and are in the process of AOS from K1 just like us. It seems most of them that applied at the same time, and even later than us have gotten biometrics appointments and EAD quite some time ago. This is pretty discouraging. The wait time for EAD is 3 months. So I don't know how to interpret this. What else can we do to check up? We've tried the Service Request, and we've called back at all the increment times they ordered us to. Is there a way to contact the local biometrics office? Or should we try for an infopass appt? Or just keep waiting as we've been instructed? Thanks so much for your help.

Colin

[Harpa Timsah 13,258]

Call and say you have not gotten a bio appointment. Ask them if there is any returned mail. They tell you to call if you have not gotten the letter in 30 days. So just keep trying. Sounds like you've been doing the right thing.

Good luck.