Frustrated- Employment Authorization outside normal processing times

[Gomast 65]

I’m writing this post just to vent out my frustration. 
As you can see, I have been waiting for EAD for 1 year and 3 months. I really think that it’s unreasonable to expect from anyone not to be able to work for such a long time, and just sit at home without being able to financially support my kids (who are USC). I called the USCIS many times, and they told me that there are delays that are not specifically related to my case. I already filed 2 requests of outside normal processing times, and I filed to requests for expedited processing. Is there anything else that I can do?! 
 

EAD Filing date: 09/23/2019

Biometrics: 10/31/2019

AOS filing date: 10/8/2019

RFE for AOS: 11/4/2019

Response to RFE: 12/13/2019

[Boiler 45,493]

Dates look wrong EAD before AOS?

[Gomast 65]

Good catch. 
I-485 received date: 9/23/2019. 
I was confused with the fingerprints fee which was paid on 10/8/2019.  
 

I have a feeling that the delay of the EAD isn’t actually because of “circumstances that are not related to my case”. Obviously it’s easy to believe that it’s because of COVID-19, but I have seen other people on this forum who their EAD was approved within months. 

[Boiler 45,493]

I would involve your Congressperson.

[Mike E 11,739]

1 hour ago, Gomast said:

 I really think that it’s unreasonable to expect from anyone not to be able to work for such a long time, and just sit at home without being able to financially support my kids (who are USC).

The petitioner and/or financial sponsor are expected to provide for your support.  
 

Given your time lines, I think you should be putting effort into getting an AOS interview scheduled.  
 

1 hour ago, Gomast said:

Is there anything else that I can do?! 

I suggest the DHS Ombudsman:

 

https://www.dhs.gov/topic/cis-ombudsman

[Ayrton 965]

3 hours ago, Gomast said:

I’m writing this post just to vent out my frustration. 
As you can see, I have been waiting for EAD for 1 year and 3 months. I really think that it’s unreasonable to expect from anyone not to be able to work for such a long time, and just sit at home without being able to financially support my kids (who are USC). I called the USCIS many times, and they told me that there are delays that are not specifically related to my case. I already filed 2 requests of outside normal processing times, and I filed to requests for expedited processing. Is there anything else that I can do?! 
 

EAD Filing date: 09/23/2019

Biometrics: 10/31/2019

AOS filing date: 10/8/2019

RFE for AOS: 11/4/2019

Response to RFE: 12/13/2019

Did you receive any update on your AOS case after the RFE. RFEs put EAD/AP on hold, but I agree that's way too much time.

[Gomast 65]

20 minutes ago, Ayrton said:

Did you receive any update on your AOS case after the RFE. RFEs put EAD/AP on hold, but I agree that's way too much time.

Yes, the most recent update is:

 

Response To USCIS' Request For Evidence Was Received

On December 13, 2019, we received your response to our Request for Evidence for your Form I-485, Application to Register Permanent Residence or Adjust Status, Receipt Number MSC........... USCIS has begun working on your case again. We will send you a decision or notify you if we need something from you. If you move, go to www.uscis.gov/addresschange to give us your new mailing address.

[Gomast 65]

The RFE was in regards to me using an expired form. I resent the application with the updated form. 
I’m really trying to come from an understanding point of view, knowing that the USCIS has to deal with budget cuts and COVID, but at least the policy should be that if they can’t approve EAD within a year, then the default option should be to automatically approve a temporary EAD for 6 months, which they can retract if they choose to, upon reviewing the petition. 

[Gomast 65]

2 hours ago, Mike E said:

The petitioner and/or financial sponsor are expected to provide for your support.  
 

Given your time lines, I think you should be putting effort into getting an AOS interview scheduled.  
 

I suggest the DHS Ombudsman:

 

https://www.dhs.gov/topic/cis-ombudsman

I agree with you. And my wife and my co-sponsor are helping me a lot. The problem is that my circumstances changed after filing for AOS, because later I received a child support order. The court assumed that I will receive EAD soon based on the processing times, which unfortunately I did not. my family is helping me pay child support as much as they can, but obviously I have to work and to pay for it myself. 
 

How can I get an AOS interview scheduled? Do I need to call the USCIS to ask for one?
 

 

Edited December 20, 2020 by Gomast

[Ayrton 965]

16 minutes ago, Gomast said:

Yes, the most recent update is:

 

Response To USCIS' Request For Evidence Was Received

On December 13, 2019, we received your response to our Request for Evidence for your Form I-485, Application to Register Permanent Residence or Adjust Status, Receipt Number MSC........... USCIS has begun working on your case again. We will send you a decision or notify you if we need something from you. If you move, go to www.uscis.gov/addresschange to give us your new mailing address.

The issue that I see is that your 485 is still pending the RFE review. From what I see here in the forum, EAD is only issued after RFE review is complete and the status changes to Ready to Schedule. You don't have this status yet, and that's why your EAD never got approved.

 

I would focus on submit out of processing time request for the AOS, so they can review your RFE and move your status to Ready to Schedule. After that, your EAD will be approved.

[Gomast 65]

1 hour ago, Ayrton said:

The issue that I see is that your 485 is still pending the RFE review. From what I see here in the forum, EAD is only issued after RFE review is complete and the status changes to Ready to Schedule. You don't have this status yet, and that's why your EAD never got approved.

 

I would focus on submit out of processing time request for the AOS, so they can review your RFE and move your status to Ready to Schedule. After that, your EAD will be approved.

The problem is that the estimated processing times for I-485 is 18 to 48 months, so I’m not outside of normal processing times for the AOS. 

I guess I’ll try to submit the outside normal processing times request, send a letter to a senator and a congressperson, and inquire about scheduling an interview. 

[Mike E 11,739]

2 hours ago, Gomast said:

The court assumed that I will receive EAD soon based on the processing times, which unfortunately I did not.

 

 

Inform that court that it’s assumption was in error.  
 

2 hours ago, Gomast said:

 

How can I get an AOS interview scheduled? Do I need to call the USCIS to ask for one?

 

 

I provided you the link to the DHS ombudsman in my original reply.  

[igoyougoduke 1,656]

2 hours ago, Gomast said:

The RFE was in regards to me using an expired form. I resent the application with the updated form. 
I’m really trying to come from an understanding point of view, knowing that the USCIS has to deal with budget cuts and COVID, but at least the policy should be that if they can’t approve EAD within a year, then the default option should be to automatically approve a temporary EAD for 6 months, which they can retract if they choose to, upon reviewing the petition. 

if you used a expired form, you case would have been rejected. you got an RFE ? very strange 

[Gomast 65]

13 minutes ago, Mike E said:

 

Inform that court that it’s assumption was in error.  
 

I provided you the link to the DHS ombudsman in my original reply.  

Yes, I’ll reach out to the ombudsman. I appreciate it!  

The assumption of the court was based on the estimated processing times. I prefer to be able to work and pay child support rather than have to readjust the child support and pay the minimum based on not being able to work. 

[Gomast 65]

39 minutes ago, igoyougoduke said:

if you used a expired form, you case would have been rejected. you got an RFE ? very strange 

Wow, you guys are pros. It turns out that the expired form was related to the I-131 petition that I submitted. It was rejected on 10/1/19. I resubmitted the I-131 and it was approved on 5/6/2020.  

I just checked the reason for the RFE again. I received the RFE because we did not meet the income requirements. My response was to add a co-sponsor.