EAD for Parents: Mom got her EAD but dad still waiting but he desperately needs it for CDL renewal

[Walbrzyszanka221 62]

 

1 minute ago, Redro said:

So, your father is currently working without authorization. And you’re complaining because he won’t be able to work after his license expires even though he isn’t supposed to be working now? 

Yes, my dad is currently working without authorization. And I am not complaining

[Boiler 45,581]

To compare situations you need to know what the situation is 

[Walbrzyszanka221 62]

6 minutes ago, Boiler said:

To compare situations you need to know what the situation is 

I understand that and I am trying my best to provide the information.

[Boiler 45,581]

Have your parents reviewed their situation with an immigration lawyer?

[Walbrzyszanka221 62]

Just now, Boiler said:

Have your parents reviewed their situation with an immigration lawyer?

Yes, we hired an immigration lawyer for my parents and she saw no red flags in my dad's case.

[Boiler 45,581]

Well that is good, did she submit a FOIA?

[Redro 4,611]

3 minutes ago, Walbrzyszanka221 said:

Yes, we hired an immigration lawyer for my parents and she saw no red flags in my dad's case.

As you have a lawyer did she say it was 1.) okay for your dad to continue working? And 2.) has she advised how to expedite the EAD?  Is your dad self employed or is he working for a company? 

[Walbrzyszanka221 62]

1 minute ago, Redro said:

As you have a lawyer did she say it was 1.) okay for your dad to continue working? And 2.) has she advised how to expedite the EAD?  Is your dad self employed or is he working for a company? 

She has not said anything about him not working and I have contacted the lawyer about expediting the case but my assumption is that since we are still within the processing window, expediting my dad's case will be turned down or not accepted. My dad is working for a trucking company.

[Redro 4,611]

32 minutes ago, Walbrzyszanka221 said:

She has not said anything about him not working and I have contacted the lawyer about expediting the case but my assumption is that since we are still within the processing window, expediting my dad's case will be turned down or not accepted. My dad is working for a trucking company.

The issue is he is already working. On what basis would you request an expedite? Usually people will state they require an expedite due to job offer. But, requesting an expedite due to losing a job your father isn’t supposed to be currently working makes no sense and I’m fairly sure it is against VJ policy to condone working without authorization. 
Good luck! But not sure we can help you with any fruitful suggestions. 

[Walbrzyszanka221 62]

1 minute ago, Redro said:

The issue is he is already working. On what basis would you request an expedite? Usually people will state they require an expedite due to job offer. But, requesting an expedite due to losing a job your father isn’t supposed to be currently working makes no sense and I’m fairly sure it is against VJ policy to condone working without authorization. 
Good luck! But not sure we can help you with any fruitful suggestions. 

Yes, I understand that

[Loren Y 2,755]

I have a CDL, and have had one over 20 years. If he got one back in the day, it wouldn't be a problem to get, I think I got mine out of a cracker jack box.. LOL, back when they were chauffeur licenses. They have really begun to crack down on the CDL's lately, and you could usually avoid issues by not having a Hazmat endorsement. The Hazmat triggers all types of fingerprinting and backround checks. I have had Hazmat ever since I have had my license, and since say 2011 they really began the crackdown, and now they are applying it to every CDL holder. Until he gets his work authorization his CDL is going to expire. Hopefully he can get the authorization before he has to retake all the testing and things they require now to issue one. back in the day anyone could easily get a CDL, not the case now with school requirements and things. Not much you can do but wait for the EAD. It is becoming a nightmare to be a CDL holder now a days, and I have given thought to ditching mine, but it is guaranteed employment just about anywhere. I cannot think of anyway to expidite the process, I would say he could get an offer letter from his current employer, but that would be weird as he is already working. Maybe he could get an offer letter from another company, and use that to expedite his EAD.

[SalishSea 17,857]

4 hours ago, Walbrzyszanka221 said:

He does have a Social Security # so I believe that authorized him to work. 

No, that is not correct.

[SalishSea 17,857]

4 hours ago, Walbrzyszanka221 said:

Yes, I know that. My dad has been doing his taxes for a long time now. And I understand your statement about USCIS not expediting my dad's case because he hasn't been working with proper work authorization. But to my dad's defense, he has always done things legally. He held a job as a janitor at a Chase bank, and I would think that they wouldn't hire him if they believed it was not legal but it seems to me that the requirements to work legally are wishy-washy. 

 

All of this aside, I am just worried that he will not get his EAD in time and when I say I am worried, I am worried for his mental state. He will stress about this. That is all. I know every case is different and some cases get approved quicker than others.

Tourist Visa in 2001.

So he's been here illegally for >20 years.

 

If I were you, I'd stop fretting about the EAD, certainly don't try to expedite it, and just be happy your parents were not deported and given a very long ban.

[powerpuff 6,714]

4 hours ago, Walbrzyszanka221 said:

Yes

I hope your attorney made you aware that they need a I-601a waiver and that you’re not a qualifying relative.

 

i find the statement that “he’s always done things legally” ironic considering the fact that he and your mother came here in 2001 and overstayed and have been in the country illegally ever since.

 

Anyway, I do not want to stray from the topic at hand which is the EAD wait times. They are what they are and it appears there’s nothing to do but wait for it to process.

 

 

 

[Lemonslice 4,860]

Let's look at the positive though, your mother did get her EAD very quickly.  She's now able to work legally and help out until your dad is able to renew his CDL. 

Wishing your family the best.