February 2020 AOS Filers

[David_Norway 135]

12 minutes ago, Mecer said:

I wanted to request for an expedite but then was reluctant after seeing recently submitted expedite requests got bigger chances of getting denied (for weak proof, some said job offer that not medical-related may not be enough, especially in these weeks since USCIS started prioritizing expediting cases for healthcare workers / humanitarian reasons)

Also, some rumors say that if you got denied, your application goes back to the bottom of the pile, this scares me. Rumor is rumor, could be true, could be wrong, but I couldn’t find a definite / official saying that states denied expedite request won’t send your application to the bottom pile.

I don't think that rumor is true, and if you have a good reason and you have your biometrics done, I would definitely give it a try. When I called USCIS, I didn't plan to file an expedite request, I just wanted to ask if they would even consider it if I haven't completed my biometrics. The guy said, don't think so, but we can always give it a try and then he filed the request for me. Clearly not that big of deal according to him. Of course I wouldn't want to bug them unnecessarily, but I don't think that they would punish you if you file a legitimate expedite request.

[Manuel94 72]

Canada’s immigration offices are closed as well, but at least they offer other options to get your biometrics taken:

 

https://www.cic.gc.ca/english/information/where-to-give-biometrics.asp

I hope they do something similar here.

 

[Zsazsa 249]

1 hour ago, Manuel94 said:

Canada’s immigration offices are closed as well, but at least they offer other options to get your biometrics taken:

 

https://www.cic.gc.ca/english/information/where-to-give-biometrics.asp

I hope they do something similar here.

 

Probably not. Biometrics in Canada are taken at a designated police station. 

Edited April 25, 2020 by Zsazsa

[FreyandRyan 330]

16 hours ago, David_Norway said:

I am wondering about this too! Anyone who has been able to get an EAD expedite considered without biometrics? 

I asked this question to a Tier 1 USCIS representative, and he didn't really know. But he submitted an expedite request for me, but it got denied because I haven't done my biometrics.

Maybe more of us should call them and ask for EAD expedite even though we don't have our biometrics done?? If they wanted to, they could make an exception!

We’re in the same boat. Should’ve had our biometrics a few weeks ago but everything closed right before. Never even got an appointment letter. Very curious about expediting without biometrics and will probably try to call and see what’s possible soon.  

[David_Norway 135]

On 4/25/2020 at 6:44 AM, FreyandRyan said:

We’re in the same boat. Should’ve had our biometrics a few weeks ago but everything closed right before. Never even got an appointment letter. Very curious about expediting without biometrics and will probably try to call and see what’s possible soon.  

Yeah, I don't see the harm in asking politely if that's possible. Worst case, they should just tell you to wait until the offices open back up again. If you do call, please let us know how it goes.

[JoeIngles 14]

I’m in the same boat as most of you here - applied for my AOS and had my biometrics appointment in March (this got canceled). 
 

Please correct me if I’m wrong, but did we not already submit Biometrics when we applied for our visa? I’m here on an L1 and I could swear they took my fingerprints at the consulate. Are the EAD biometrics different? 
 

My L1 is expiring in October so this delay is really messing everything up! 
 

hope you all stay safe!

[beefmaster 52]

6 hours ago, JoeIngles said:

I’m in the same boat as most of you here - applied for my AOS and had my biometrics appointment in March (this got canceled). 
 

Please correct me if I’m wrong, but did we not already submit Biometrics when we applied for our visa? I’m here on an L1 and I could swear they took my fingerprints at the consulate. Are the EAD biometrics different? 
 

My L1 is expiring in October so this delay is really messing everything up! 
 

hope you all stay safe!

Yes, apparently they are a different type of biometrics. Nothing to do but wait for an ASC to open on June 4.

[Manuel94 72]

Do you guys think I could work while I'm still waiting for the EAD? If it's true that unauthorized work performed by an immediate relative of a US citizen is forgiven (for AOS purposes), as long as everything is truthful and taxes are paid, shouldn't I be able to work? By the way, I am waiting for the biometrics to be taken, so it will be a while before I have the EAD in hand. 

[Zsazsa 249]

18 minutes ago, Manuel94 said:

Do you guys think I could work while I'm still waiting for the EAD? If it's true that unauthorized work performed by an immediate relative of a US citizen is forgiven (for AOS purposes), as long as everything is truthful and taxes are paid, shouldn't I be able to work? By the way, I am waiting for the biometrics to be taken, so it will be a while before I have the EAD in hand. 

I don’t know for sure, but I would think that would be heavily frowned upon. Correct me if I’m wrong, though. 

[Magna 44]

29 minutes ago, Manuel94 said:

Do you guys think I could work while I'm still waiting for the EAD? If it's true that unauthorized work performed by an immediate relative of a US citizen is forgiven (for AOS purposes), as long as everything is truthful and taxes are paid, shouldn't I be able to work? By the way, I am waiting for the biometrics to be taken, so it will be a while before I have the EAD in hand. 

No. Your AOS will be rejected if you start work before receiving a physical EAD card.

 

Quote

 

Chapter 6 - Unauthorized Employment - INA 245(c)(2) and INA 245(c)(8)

With certain exceptions, an alien is barred from adjusting status if:

• He or she continues in or accepts unauthorized employment prior to filing an application for adjustment of status; or
• He or she has ever engaged in unauthorized employment, whether before or after filing an adjustment application.

https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-6

 

 

Edited April 29, 2020 by Magna

[Sarge2155 4,587]

28 minutes ago, Manuel94 said:

Do you guys think I could work while I'm still waiting for the EAD? If it's true that unauthorized work performed by an immediate relative of a US citizen is forgiven (for AOS purposes), as long as everything is truthful and taxes are paid, shouldn't I be able to work? By the way, I am waiting for the biometrics to be taken, so it will be a while before I have the EAD in hand. 

You can not work PERIOD! It is not forgiven and you are asking for trouble if you do it and they find out!

[Ryan H 3,812]

***Post violating the TOS (advocating unauthorized work) removed.***

[Magna 44]

Hey David_Norway,

 

I noticed your comment was deleted, but I will give more details.

And, thanks for letting me clarify my comment.

 

 

More precisely, an applicant will be in trouble if s/he start work before receiving a physical EAD card.

 

 

Let's go back to the key question.

Why do immediate relatives a U.S. citizen need to bother waiting for EAD even though the bars to adjustment do not apply to them?

 

My understanding of immigration law (of course, I'm not an immigration lawyer, but I also had the same curiosity. I have a chance to have a small talk with my lawyer regarding this matter, but the comment here does not reflect any opinion of the lawyer. It's just my sole opinion. And of course, it's not a legal advise as well.) is that an applicant eligible for adjustment of status is not entitled to an adjustment, and engaging in unauthorized employment after filing an adjustment application with the applicant's own will may work as a negative factor on unfavorable discretion. More importantly, there is a lot of room that immigration officers can act at their discretion. See also https://www.uscis.gov/policy-manual/volume-7-part-a-chapter-10

 

The bar "He or she has ever engaged in unauthorized employment, whether before or after filing an adjustment application." works as you understand theoretically (yes, apparently, the policy manual indeed says those "bars to adjustment do not apply to" immediate relatives a U.S. citizen), but it may not work in practice. This is because the purpose of the waiver of grounds of inadmissibility is not for something new that happens after filing an application for adjustment of status with applicants' own will; the waiver of grounds of inadmissibility for those who are immediate relatives is intended, in general, to forgive misconduct on or before applying adjustment of status. (The waiver is given to those immediate relatives without filing an explicit petition.) The waiver is not a kind of license to misconduct likes 007's license to kill.

 

An applicant may need to make money because of unexpected economic circumstances, but his/her I-864 tells that their family can and will support him/her. Immigration officers may read her/his engagement in unauthorized employment as a signal for the plausible fraud on his/her I-864. An applicant may find some job, but this leads U.S. employers in trouble. There are a series of criminal penalties for noncompliance, including fines and revocation of an operating license. The applicant makes this horrible consequence with his/her own will even after filing an adjustment application. The U.S. immigration system is designed to accept only people with good moral character, and immigration officers definitely love to take a look at this case even though the bars to adjustment do not apply to him/her.

 

So, the bars to adjustment do not apply to immediate relatives a U.S. citizen, but they may be still in effect if applicants make something new violation(s) that happens after filing an application for adjustment of status with applicants' own will.

 

 

Rule of thumb is don't play a game with USCIS. I heard many people tried to do gaming the system and kicked out of the US or revoked their permanent resident card. It could be fun, but the consequence will be deadly.

[David_Norway 135]

24 minutes ago, Magna said:

Hey David_Norway,

 

I noticed your comment was deleted, but I will give more details.

And, thanks for letting me clarify my comment.

 

 

More precisely, an applicant will be in trouble if s/he start work before receiving a physical EAD card.

 

 

Let's go back to the key question.

Why do immediate relatives a U.S. citizen need to bother waiting for EAD even though the bars to adjustment do not apply to them?

 

My understanding of immigration law (of course, I'm not an immigration lawyer, but I also had the same curiosity. I have a chance to have a small talk with my lawyer regarding this matter, but the comment here does not reflect any opinion of the lawyer. It's just my sole opinion. And of course, it's not a legal advise as well.) is that an applicant eligible for adjustment of status is not entitled to an adjustment, and engaging in unauthorized employment after filing an adjustment application with the applicant's own will may work as a negative factor on unfavorable discretion. More importantly, there is a lot of room that immigration officers can act at their discretion. See also https://www.uscis.gov/policy-manual/volume-7-part-a-chapter-10

 

The bar "He or she has ever engaged in unauthorized employment, whether before or after filing an adjustment application." works as you understand theoretically (yes, apparently, the policy manual indeed says those "bars to adjustment do not apply to" immediate relatives a U.S. citizen), but it may not work in practice. This is because the purpose of the waiver of grounds of inadmissibility is not for something new that happens after filing an application for adjustment of status with applicants' own will; the waiver of grounds of inadmissibility for those who are immediate relatives is intended, in general, to forgive misconduct on or before applying adjustment of status. (The waiver is given to those immediate relatives without filing an explicit petition.) The waiver is not a kind of license to misconduct likes 007's license to kill.

 

An applicant may need to make money because of unexpected economic circumstances, but his/her I-864 tells that their family can and will support him/her. Immigration officers may read her/his engagement in unauthorized employment as a signal for the plausible fraud on his/her I-864. An applicant may find some job, but this leads U.S. employers in trouble. There are a series of criminal penalties for noncompliance, including fines and revocation of an operating license. The applicant makes this horrible consequence with his/her own will even after filing an adjustment application. The U.S. immigration system is designed to accept only people with good moral character, and immigration officers definitely love to take a look at this case even though the bars to adjustment do not apply to him/her.

 

So, the bars to adjustment do not apply to immediate relatives a U.S. citizen, but they may be still in effect if applicants make something new violation(s) that happens after filing an application for adjustment of status with applicants' own will.

 

 

Rule of thumb is don't play a game with USCIS. I heard many people tried to do gaming the system and kicked out of the US or revoked their permanent resident card. It could be fun, but the consequence will be deadly.

Hi Magna,

Thank you for your elaborate reply. You definitely clear up some confusion, and make some excellent points! I was definitely not "advocating unauthorized work", but the stated policy could be confusing. Especially in these challenging times, people might think out-of-the-box. These points in particular are very good arguments for not testing your luck:

* The exception for bars to adjustment are meant to forgive old behavior, NOT provide a permission to break them again. 
* I-864 is supposed to certify that family/friends will support the immigrant (i.e., financial hardship should not be an issue)

* Don't play game with the USCIS. The long-term consequence is likely to become significantly more severe than the short-term benefit.

Conclusion: Do NOT work without an EAD!

What we can hope for is that they will figure out a different way to get the fingerprints. For example that they will allow us to take them at a FedEX/UPS location/police station, or that they use finger prints taken at port of entry or an embassy. I know that is probably a long shot, but we can hope!

[Cyndy&Onyi 145]

Hey Peeps,

 

Any updates? My case status still says "Ready to Be scheduled for an interview". I'm hoping for a quick response or at least the EAD card.