How does a NOID affect renewing my EAD/AP ?

[AussieNemesis 16]

I don't know which part of this forum to ask in so I put it here as I am trying to AOS from a tourist visa waiver.

Yesterday we received a NOID due to the Adam Walsh Act. Not a huge surprise though their New Year's timing is lousy.

We have 87 days to submit evidence to get a waiver and we are in the process of preparing documents, affidavits, and letters of recommendation etc that we need for this. We have an immigration attorney luckily though I am not sure how much she knows about the AWA.

Anyhow that's not the main question here....

My EAD/AP card is due for renewal early April. The 87 days for contesting the NOID ends at the end of March. My attorney had already contacted me to start the process to renew the EAD/AP before the NOID had come in.

Do I still have the ability to apply to renew the EAD while there is an active NOID in the system ?

I do have a part time job and I do need the EAD to stay current while we work through the process of getting a waiver.

Has anyone been through this and can advise me ?

Also anyone with experience on getting a waiver from the AWA - I'd love to hear from you even if it is by private message on this forum... I would appreciate any tips and advice on what we do and don't need to include.

Thanks

[Hypnos 6,576]

Since it's not actually been denied yet, I don't believe a NOID prevents you from being able to renew your EAD or AP. Obviously, should your I-485 actually get denied, your EAD and AP are both immediately invalidated.

Overcoming an AWA-related inadmissibility / NOIR / NOID is not something you should take lightly. You should consider retaining another attorney, either as a replacement or co-counsel, if you lack confidence in their knowledge of the AWA and how to overcome your issue.

Edited January 7, 2014 by Hypnos

[AussieNemesis 16]

Once we respond to the NOID and request the waiver, is there any particular timeframe in which to expect an answer from the USCIS ?

or is that the point at which a loooooooong wait comes into things as I read in these forums that they have almost halted processing AWA waivers.

[CanTex 1]

You can go ahead 90 days prior to the expiration of your EAD to re-file. They accept it, without hesitation, and it will be renewed. However, I had problems the first time because an employee of USCIS did not understand that there are no renewal fees and rejected my documents. I had to copy THEIR instructions and resent them and they finally filed and approved my EAD/AP during the NOID and even during my Appeal.

[AussieNemesis 16]

Thanks CanTex

Mailed off paperwork to the attorney today for renewal

Hoping they let it thru easily, as I may need the AP sooner not later, my Dad is sick and in hospital in Australia so I might have to go back at some point soon...

[AussieNemesis 16]

Well I got my EAD/AP renewed without problems

We're about to lodge all the evidence for a waiver request for the AWA

The attorney has come through well, and is working closely with others in her firm who have AWA experience, so all we can do now is pray and hope. The Psychiatric assessment appears to have gone well and we hope it carries a lot of weight on this matter.

We have documents, parole and probation reports, Character references, a community reference from the mayor, and the Psych reports - and everything we could obtain that the attorney requested.

If anyone reading this can spare us a prayer it would be appreciated.

*edit*

The good news is that I have found a great job as a graphic designer for 30 hours a week as well as a 7 hour a week part time job as a carer for a disabled friend ... That helps to pay for this immigration stuff at least lol

Edited March 15, 2014 by AussieNemesis