February 2020 AOS Filers

[Basil123 139]

11 minutes ago, fromsweden said:

Finally got a response from my congressman

 

They said the ASC can't do anything, the appointment is made by the service center. Like oook--- so send a message to the service center! They said oh there's lots of people waiting so just wait 3-4 weeks for the notice. HELLO we've already been waiting 5+ months!

 

Government is freaking useless. 

That is absolutely ridiculous. I just read of another June filer getting their biometrics appointment for 8/5. I'm so over all this bs... 

[INNSU09 242]

18 minutes ago, Basil123 said:

That is absolutely ridiculous. I just read of another June filer getting their biometrics appointment for 8/5. I'm so over all this bs... 

 

 

[fromsweden 197]

7 minutes ago, INNSU09 said:

 

 

[mat2291 79]

If all Jan/Feb filers who have been neglected by USCIS just pester them everyday to reschedule the appointment, I wonder when they’d finally give in?

 

I feel like such a cruel joke has been played on all of us. This helplessness at not being able to do something about the situation makes it worse as the day goes by.

[INNSU09 242]

16 minutes ago, fromsweden said:

 

 

 

June Filers: I got an Appointment!!

 

 

 

January & Feb filers: 

 

 

 

 

[Basil123 139]

15 minutes ago, mat2291 said:

If all Jan/Feb filers who have been neglected by USCIS just pester them everyday to reschedule the appointment, I wonder when they’d finally give in?

 

I feel like such a cruel joke has been played on all of us. This helplessness at not being able to do something about the situation makes it worse as the day goes by.

That's exactly what I plan on doing. I felt bad to "bother" them at first but now I'm like screw this.  

 

It's just messed up cause essentially they're just playing with people's lives and livelihoods. All that when it would be soooooo easy to just get people who filed beginning of the year in for services first.

[fromsweden 197]

My only question now is do we join Subramanya lawsuit (https://www.courtlistener.com/docket/17373598/subramanya-v-united-states-citizenship-and-immigration-services/) or look at our own?

[igoyougoduke 1,659]

38 minutes ago, Basil123 said:

That's exactly what I plan on doing. I felt bad to "bother" them at first but now I'm like screw this.  

 

It's just messed up cause essentially they're just playing with people's lives and livelihoods. All that when it would be soooooo easy to just get people who filed beginning of the year in for services first.

iam going to raise to 3x  per day starting next week 

[Amaterasu 137]

38 minutes ago, fromsweden said:

My only question now is do we join Subramanya lawsuit (https://www.courtlistener.com/docket/17373598/subramanya-v-united-states-citizenship-and-immigration-services/) or look at our own?

It's a class action lawsuit so I believe we should be automatically joined due to the classification?

 

My understanding could be completely wrong though.

[Nativequeen 26]

Has anyone with a 2/24 filing date received any updates to their status?? 

[CMM 16]

2 minutes ago, Nativequeen said:

Has anyone with a 2/24 filing date received any updates to their status?? 

I'm a 2/22 filer and no updates yet 😪

[igoyougoduke 1,659]

Good news. Public charge rule has been blocked by a judge nation wide

 

[Basil123 139]

8 minutes ago, James120383 said:

Good news. Public charge rule has been blocked by a judge nation wide

 

That's my win for today, really needed some good news.

[fromsweden 197]

5 hours ago, Amaterasu said:

It's a class action lawsuit so I believe we should be automatically joined due to the classification?

 

My understanding could be completely wrong though.

Technically we are in the class as “aliens who reside in the United States and have submitted an Application for Employment Authorization that has been approved by USCIS, but who have not received an Employment Authorization Document (EAD).”, but I believe this case is about those who have submitted biometrics already and are facing printing delays (it's not really clear). This person only filed on June 18 and is already part of the case.... https://www.courtlistener.com/recap/gov.uscourts.ohsd.243394/gov.uscourts.ohsd.243394.18.0.pdf

[David_Norway 135]

54 minutes ago, fromsweden said:

Technically we are in the class as “aliens who reside in the United States and have submitted an Application for Employment Authorization that has been approved by USCIS, but who have not received an Employment Authorization Document (EAD).”, but I believe this case is about those who have submitted biometrics already and are facing printing delays (it's not really clear). This person only filed on June 18 and is already part of the case.... https://www.courtlistener.com/recap/gov.uscourts.ohsd.243394/gov.uscourts.ohsd.243394.18.0.pdf

Looked at some of the documents that you can access for free, and it seems like main plaintiff got her EAD shipped to her on July 24th. (So maybe litigation works?) But more informative for a lot of people here is this other plaintiff who filed Feb 28, but who had not done his biometrics yet:

"Mr. La Manna filed an I-765 with USCIS on February 28, 2020, MSC2090973341. The USCIS NBC approved this application on May 19, 2020"
"Before Mr. La Manna’s employment authorization (EAD) can be produced, his approved I-765 application requires a biometrics appointment for collection of fingerprints and a photograph. Had this been Mr. La Manna’s second I-765 application approval, USCIS would have been able to clone the previous biometrics and photograph and use them to produce a new EAD. However, because Mr. La Manna is a first-time applicant, no previous photograph and biometrics exists."
"The backlog at the New York ASC is three weeks. In addition, current card production is at approximately 50 per cent."
"Notwithstanding the circumstances and conditions described in Paragraphs 5 and 6 above, on July 24, 2020, USCIS NBC contacted the New York City ASC and Field Office to make a special dispensation for collection of Mr. La Manna’s photograph and biometrics. The New York Field Office contacted Mr. La Manna and arranged a special appointment today. This morning, Mr. La Manna’s photograph and biometrics were captured, and USCIS requested production of an EAD card."

https://www.courtlistener.com/recap/gov.uscourts.ohsd.243394/gov.uscourts.ohsd.243394.35.2.pdf

Conclusion: Litigation works! Also, if they feel compelled/pressured, they are capable to making things happen really quickly! 

Question: Can they do this for the thousands of people who are in similar situations? There is an urgent motion for class certification where they define the class as:

"This lawsuit seeks immediate mandatory injunctive relief on behalf of Plaintiffs and a proposed class of approximately 75,000 aliens who reside in the United States and submitted an Application for Employment Authorization that was approved by USCIS, but who have not received an Employment Authorization Document (EAD)."
https://www.courtlistener.com/recap/gov.uscourts.ohsd.243394/gov.uscourts.ohsd.243394.38.0.pdf

Given Mr. La Manna's experience above, I think this class would include people without biometrics as well.

Reading more in the document about class certification, I see there are many plaintiffs who have not received their EADs yet.
Also, too familiar to many of you:
"Plaintiff Ngenkeng has called the USCIS customer service number many times, and each time is told something different. (Id., ¶ 5.) He most recently called USCIS last week and was told to call back if he did not have his card by September 14, 2020."