Who Receives my EAD Card?

[frankniehs 2]

Hi all,

 

Spouse of US citizen and currently waiting my AOS I-485. I received a notice on the USCIS app that says my card has been delivered. I followed the tracking number and it is different from my Zip code, after chekcing it seems it is the zip code of my attorney. I remember in G-28 my attorney asked me to cross all fields in Part 2 (1a 1b 1c). I sent an email to my attorney, his secretary said that they do not receive the work cards and they should normally go to clients, all they receive is the original legal notice that the I-765 has been approved.

 

1- I am confused now and do not know whether my attoreny is receivng the card or me? I have no way to find out.

2- Also can I send independently to USCIS.a new G-28 without crossing Part 2 1b so I am the only one receiving the green card, EAD card and travel document? 

My attorney employes his close relative who acts like a gate keeper and never let us talk to him only rarely, and recently they have been ignoring our emails. I am stuck now.

Any suggestions?

 

[Crazy Cat 41,903]

1.  Contact your attorney.  USCIS could have sent the card to him/her by mistake.  

2.  Don't send a new G-28.  It is too late.

 

 

[frankniehs 2]

10 minutes ago, Crazy Cat said:

1.  Contact your attorney.  USCIS could have sent the card to him/her by mistake.  

2.  Don't send a new G-28.  It is too late.

 

 

1. As I said I already contected him and he says he does not receive cards

2. This means I cannot now change my lawyer or even take over the case myself? 

[powerpuff 6,713]

When you check boxes in Part 4 (1 a and 1b) and sign G-28 you authorize your legal representative to receive all correspondence including any secure identity documents (such as EAD) from USCIS on your behalf. So USCIS did not make a mistake in sending the card to your attorney. If you didn’t want the attorney to receive the correspondence and all documents then you shouldn’t have checked those boxes.
 

You can hire a new attorney and file a new G-28 but that won’t solve your issue. 

[Crazy Cat 41,903]

1 hour ago, frankniehs said:

1. As I said I already contected him and he says he does not receive cards

2. This means I cannot now change my lawyer or even take over the case myself? 

I said USCIS might have sent it to the attorney BY MISTAKE!!!!!!!   You need to see if they have your card.

 Anything you send will take time to be effective!!

 

Bottom line...The card was sent to either you or the attorney......you didn't receive it......so.....

 

.

Edited January 16, 2022 by Crazy Cat

[frankniehs 2]

1 minute ago, powerpuff said:

When you check boxes in Part 4 (1 a and 1b) and sign G-28 you authorize your legal representative to receive all correspondence including any secure identity documents (such as EAD) from USCIS on your behalf. So USCIS did not make a mistake in sending the card to your attorney. If you didn’t want the attorney to receive the correspondence and all documents then you shouldn’t have checked those boxes.
 

You can hire a new attorney and file a new G-28 but that won’t solve your issue. 

So it dfoes not solve my issue what does that mean? My attorney can confiscate my card and pretend he does not have it and I cannot do anything about it?  Live forever like this with no card? 

[Crazy Cat 41,903]

3 minutes ago, frankniehs said:

So it dfoes not solve my issue what does that mean? My attorney can confiscate my card and pretend he does not have it and I cannot do anything about it?  Live forever like this with no card? 

Come on!!!!!!  LOL

You can call USCIS ....

Edited January 16, 2022 by Crazy Cat

[powerpuff 6,713]

7 minutes ago, frankniehs said:

So it dfoes not solve my issue what does that mean? 

It means it’s too late, they already sent the EAD , right? How would filing a new G-28 make them send a new EAD? They already sent it to the correct address because you indicated that in the form. They won’t all of a sudden send a brand new EAD - they did not make a mistake in sending the card to your lawyer. 
 

7 minutes ago, frankniehs said:

My attorney can confiscate my card and pretend he does not have it and I cannot do anything about it? 

He’s already doing that so yes he can do that. Anyone can do what they want, doesn’t mean it’s right. He’s very unprofessional in doing that…. But you did consent and authorize him to receive all important documents from USCIS. You can threaten to report him to the state bar, other than that all I can say is contact USCIS.

Edited January 16, 2022 by powerpuff

[Bajinga 136]

if you checked the box on G-28 the card would have been sent to the attorney. I had it checked and both my EAD card, eventually the green card was sent to the attorney office and i had to pick it up from them. 

Request your attorney to check if they have it in their postbox. Attorneys receive tons of correspondence and there would be no way for them to know if it was EAD inside when the USPS delivers it. Now, if the attorney is not complying you can report him or take legal action against him. one other option could be to apply for a replacement EAD with the USCIS, but that is going to cost you some $$ and a number of months for processing time.

Edited January 16, 2022 by Bajinga

[powerpuff 6,713]

7 minutes ago, Bajinga said:

one other option could be to apply for a replacement EAD with the USCIS, but that is going to cost you some $$ and a number of months for processing time.

that’s only available for a green card (form I-90), not EAD. They will have to re-file form I-765 and wait all over for a new one to be issued. It’ll be free though since it’s based on a pending I-485.

 

[Bajinga 136]

7 minutes ago, powerpuff said:

that’s only available for a green card (form I-90), not EAD. They will have to re-file form I-765 and wait all over for a new one to be issued. It’ll be free though since it’s based on a pending I-485.

 

thanks for explaining that. you are right, there is a process for replacing an EAD but it seems to be the same as filing for a new EAD i.e Form I-765.  the official reference for this by USCIS is on here under the 'Replace an EAD' section.

the OP would need to get his new G-28 with a different address processed first if they were to go this route in the worst case.

[powerpuff 6,713]

10 minutes ago, Bajinga said:

the OP would need to get his new G-28 with a different address processed first if they were to go this route in the worst case.

The thing is that form G-28 is for legal representatives only. There’s no need to file a another one if OP wants to represent themselves.
 

However, they do need to revoke the existing G-28 for I-485 because when that is scheduled /approved, the interview notice and the GC will again go to the same lawyer. This is done by writing a letter to USCIS and informing them that said lawyer is no longer representing them and asking USCIS to revoke the existing G-28. 

Edited January 16, 2022 by powerpuff

[Lemonslice 4,859]

Tell your attorney that the tracking shows it was delivered to them and they need to check their mail.  Might have been a mistake, but they got it.  If they insist that it was not delivered, go back to square one and request a replacement.

[frankniehs 2]

6 hours ago, Bajinga said:

if you checked the box on G-28 the card would have been sent to the attorney. I had it checked and both my EAD card, eventually the green card was sent to the attorney office and i had to pick it up from them. 

Request your attorney to check if they have it in their postbox. Attorneys receive tons of correspondence and there would be no way for them to know if it was EAD inside when the USPS delivers it. Now, if the attorney is not complying you can report him or take legal action against him. one other option could be to apply for a replacement EAD with the USCIS, but that is going to cost you some $$ and a number of months for processing time.

Does reporting him to the bar brings results?

Also if I hire a new attorney to take over the case he should handover all file documents to the new layer. 

[Scandi 4,166]

Why would the lawyer want to keep your EAD anyway? If he has it, I'm sure he would've told you. He could have it, but don't know about it. I don't see what he'd gain from lying about it.