Advance Parole - I131 - Senator Involvement

[BritAbroad2015 61]

Hi,

My husband and I are going through the application for my I485. We applied for Advance Parole and my EAD work permit at the same time. Our case was received 5th December 2014. From the trackers on visajourney we can see that couples who applied after us have been approved and we haven't. Im aware of waiting things out in this process... but we decided to book an appointment at our local USCIS office to see if they had any updates. We were advised to expedite our case as there was an admin error on their end and our case had been put on hold. We did this of course, and 6 days later were advised by email that the case for expedite was denied for the reason not being "serious enough". After further research, it looks as though our case was put on hold due to an RFE on our I485 (which makes perfect sense, see our timeline journey for more info on RFE), but we were not advised of this at USCIS office and the USCIS case status tracker for our AP/EAD never advised us of this either. I'm concerned that the USCIS officers told us to expedite for what seems like an incorrect reason. We were also told information by 2 separate USCIS officers, on the same day, that completely contradicted each other. Its not very reassuring when they don't seem to know what is going. Furthermore, I feel like I have been treated like a criminal. I completely understand that border security is paramount, but manners don't cost anything. I'm more then happy to go through this process as I want to live in the same country as my husband, but don't expect to be treated like a 2nd class citizen in the process. Has anyone else felt this way?

I've read online that you can get local senator involved if you've had to wait longer then 90 days for EAD and AP... any other VJ members have experience of this. And what happens if your case was put on hold for an RFE? Do the 90 days then become void? We don't want to get them involved if we don't have to... but just trying to prepare if it gets to this stage. I also think that calling the USCIC phone number is very confusing and as were given incorrect information at the USCIS office.... I feel for individuals who have to go through this, and part of me wants to let the local senator know about this experience so he can hopefully help others going through this.

Any thoughts?

Thanks,

BritAbroad

Edited February 28, 2015 by BritAbroad2015

[Hypnos 6,576]

If you receive an RFE on your I-485 for initial evidence then the 90 day clock for your dependent I-765 and I-131 applications are reset, and begin over from 0 on the day USCIS receives your RFE response.

If you receive an RFE on your I-485 for anything other than initial evidence then the 90 day clock for your dependent I-765 and I-131 are suspended and held in abeyance until USCIS receives your RFE response, at which point they start counting again from wherever they were before.

On your RFE it will say at the top "Request for Initial Evidence" or "Request for Further Evidence"; that is how you can distinguish between the two different types.

[BritAbroad2015 61]

Hi Hypnos,

Really appreciate your response. Wow.... that's crazy that it resets. We got the RFE on the 78th day of our application. It says initial evidence, so from what you say it looks as though my 90 day clock gets reset. To say that it is upsetting is an understatement, but definitely appreciate the feedback.

The email we got from USCIS says that our AP/EAD case was "currently in suspense or on hold" until they received response from us on RFE. So praying that we are just on hold and not reset. I went on USCIS website and looks like your statement is correct though :-(

Thanks,

[BritAbroad2015 61]

Hey Hypnos,

Me again... so I've just been on USCIC website: http://www.uscis.gov/forms/tip-sheet-employment-authorization-applications-pending-more-75-days

I think its saying if initial evidence is for I-485 then you are just put on hold and not reset. Our RFE was for initial evidence on the I-485. See below;

"The clock will also stop if USCIS issues a request for initial evidence pertaining to the principal application/petition that serves as the basis for your application for employment authorization.

• For example, if your eligibility for employment authorization is based on a pending Form I-485, Application to Register Permanent Residence or Adjust Status, and USCIS issues a request for initial evidence pertaining to your Form I-485, the clock for your Form I-765 will stop when USCIS issues the request for evidence and restart when USCIS receives the requested information."

What do you think Hypnos? It seems as though the clock is only reset if initial evidence on the RFE was for the actual I-765 application.

Appreciate your thoughts.

Thanks,

[Hypnos 6,576]

I made a more detailed post recently when someone asked a similar question: http://www.visajourney.com/forums/topic/528188-will-rfe-for-i485-halt-i765-decision/#entry7394963 which seems to broadly be in line with the page you reference.

It seems to indicate though that an RFE on your I-485 only pauses the 90 day clock, and does not reset it. I imagine this is in a policy memorandum somewhere that I have not seen.

Either way, thanks for the link. I was not previously aware of it.

Edited March 1, 2015 by Hypnos

[BritAbroad2015 61]

Sure, no problems Hypnos. Thanks for advice on this, very much appreciated.

Cheers,

BritAbroad2015

[KayDeeCee 4,893]

~ Moved from K-1 Process to AOS from Family Based Visas Progress Reports - topic is AOS case status, not K-1 ~