Help please-need advice on RFT for green card & advance parole

[durden2128 4]

Ok this one is a little complex. But any help or advice would be greatly appreciated. So we applied for 3 separate cases, Green card 485, Advance Parole I-131, and work permit I765. My wife who I have posted about many times is having a mental breakdown over receiving a RFI 6 months after we applied for all 3 of these cases with no word from USCIS. We were just told by USCIS that the RFI for the green card I485 could put the other 2 cases on hold. Which is confusing because 2 days ago a separate CSR rep said the opposite, that they were 3 separate cases and shouldnt affect each other. She doesnt care about green card at all- she just wants to get back home asap to visit her mother who is very old and in bad health. And to sell her apartment. It's my fault. I was told when I sent it off in January that my 2016 tax returns would suffice. Now the letter for the 485 says I need 2017 W' 2's and/or tax return. I just want to know simply, will a RFI for the i-485 green card case also hold up everything else that I applied to ? Which doesnt make sense, you dont need tax returns to apply for advance parole or work permit. Any advice or opinions would be greatly appreciated.

[Alabamak1 688]

IMO it shouldnt hold them, because each of the application is separate. it will hold your adjustment though. EAD/AP is still 4 to 6 month

Edited August 4, 2018 by Alabamak1

[geowrian 22,338]

The I-765 and I-131 are separate applications, but they are also dependent upon the pending I-485. The basis for filing the I-131 and/or I-765 is due to the I-485. An RFE/RFIE for the I-485 can halt processing of dependent applications.

I think part of the issue is people could file the I-485 w/o a proper/complete I-864, get an EAD, then use that EAD to work and meet the financial requirements for the I-864.

I realize this question is about the I-131, but my understanding is it follows the same process (they are usually adjudicated together when filed together).

 

From a practical standpoint, I have not seen it delay the dependent applications beyond the period of the RFE itself (getting it + responding to it).

Until recently, the word from USCIS was that an RFIE would reset the clock the for service requests due to the I-765/I-131 being outside normal timelines, whereas an RFE would only pause it. That wording has subsequently been removed (archived here: https://web.archive.org/web/20180221172047/https://www.uscis.gov/forms/tip-sheet-employment-authorization-applications-pending-more-75-days).

Edited August 4, 2018 by geowrian