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

[SalishSea 17,874]

17 minutes ago, powerpuff said:

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.

 

 

 

Is a waiver needed though?  Isn't overstay/illegal work by immediate relatives of USC said to be overlooked by USCIS?

[Boiler 45,585]

27 minutes ago, powerpuff said:

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.

 

 

 

They came on a tourist visa 

9 minutes ago, SalishSea said:

Is a waiver needed though?  Isn't overstay/illegal work by immediate relatives of USC said to be overlooked by USCIS?

Yes

[powerpuff 6,715]

10 minutes ago, SalishSea said:

Is a waiver needed though?  Isn't overstay/illegal work by immediate relatives of USC said to be overlooked by USCIS?

2 minutes ago, Boiler said:

They came on a tourist visa 

You’re right. That’s very fortunate 

 

[Walbrzyszanka221 62]

47 minutes ago, SalishSea said:

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.

Thanks for your input. 

[Walbrzyszanka221 62]

38 minutes ago, powerpuff said:

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.

 

 

 

Thanks for your input and I am a qualifying relative. If that was not the case, my lawyer would have informed us.

[Family 4,015]

3 minutes ago, Walbrzyszanka221 said:

Thanks for your input and I am a qualifying relative. If that was not the case, my lawyer would have informed us

I am curious if attorney did the I-864W ( exempt ) for both your dad and mom. They both certainly qualified all he had to do is show a PEBES  record of earnings  for dad with 40 credits . That way both would have come into the system fully vested. 
 

As you can see depending on what was marked ( I already have a SS or I want a new SS )..dad had an earning record and SS is taking a bit longer. 

As for expediting I-765…I would let sleeping dogs lie …but he is probably a 1099 contractor / self employed so just stating his commercial CDL lapse is equivalent to losing his “ job” should work. Nothing to lose by having him call and request. 

[Walbrzyszanka221 62]

51 minutes ago, Family said:

I am curious if attorney did the I-864W ( exempt ) for both your dad and mom. They both certainly qualified all he had to do is show a PEBES  record of earnings  for dad with 40 credits . That way both would have come into the system fully vested. 
 

As you can see depending on what was marked ( I already have a SS or I want a new SS )..dad had an earning record and SS is taking a bit longer. 

As for expediting I-765…I would let sleeping dogs lie …but he is probably a 1099 contractor / self employed so just stating his commercial CDL lapse is equivalent to losing his “ job” should work. Nothing to lose by having him call and request. 

I will have to check with my attorney but I think at this point it may be pointless to submit this. But I believe the attorney said that since my dad has an income, then I technically am financially responsible for my mom. I am not 100% sure but I will check with my attorney.

[Boiler 45,585]

16 minutes ago, Walbrzyszanka221 said:

I will have to check with my attorney but I think at this point it may be pointless to submit this. But I believe the attorney said that since my dad has an income, then I technically am financially responsible for my mom. I am not 100% sure but I will check with my attorney.

You are sponsoring both of them

[Family 4,015]

1 hour ago, Walbrzyszanka221 said:

I will have to check with my attorney but I think at this point it may be pointless to submit this. But I believe the attorney said that since my dad has an income, then I technically am financially responsible for my mom. I am not 100% sure but I will check with

Before you can fully understand what is at stake ..get up to speed ( understand) so you can see it’s NOT too late to correct the course for either parent. 
 

It’s a big difference and benefits your parents . 
 

I-864 W with a PEBES report ( even the annual statement SS mails out will do) for dad to claim he is exempt.

 

I-864 W for mom , check box that says she gets credited from dad because they have been married 10 years and credits earned in that period. 
 

A supplemental filing of i-864 W for each case to address on most recent Notice for I-485.A short letter stating they qualify for I-864 W and ask us USCIS to update records. 

 

Now you can even walk your attorney on how to proceed…is it worth it ? Oh Yes

 

Aa it is, their cases will likely be approved without an interview so you don’t have much time to think about it

Edited May 30, 2023 by Family

[Boiler 45,585]

Might also open a can of worms.

[GEOntificator 281]

As helpful as VJ community is and to which I owe a great deal I will also stress that at times answers are difficult to receive in a straightforward manner. Below sums up your situation.

 

1) Overstay, illegal work and everything else (except criminal activities) are forgiven to US citizen's immediate relatives. I would not worry about this at all.

2) You could potentially try to expedite I-765 based on extreme hardship but that is difficult to do.

 

P.S amended my original comment since I missed that they filed in March.

Edited May 31, 2023 by kvito28

[Boiler 45,585]

1 minute ago, kvito28 said:

As helpful as VJ community is and to which I owe a great deal I will also stress that at times answers are difficult to receive in a straightforward manner. Below sums up your situation and options.

 

1) Overstay, illegal work and everything else (except criminal activities) are forgiven to US citizen's immediate relatives.

2) Ensure your father indeed has a SSN number. Ideally you want to see the actual card, make a copy and send with the application (unless you already did)

3) You could potentially try to expedite I-765 based on extreme hardship but that is difficult to do.

 

Above is all you should need.

They filed in March.

[GEOntificator 281]

Just now, Boiler said:

They filed in March.

In that case, expedite or wait. I expedited my I-765 based on extreme hardship back in 2018. Definitely got lucky some but I was successful.

 

[igoyougoduke 1,660]

4 hours ago, Walbrzyszanka221 said:

Thanks for your input and I am a qualifying relative. If that was not the case, my lawyer would have informed us.

why dont you ask his employer to provide him an employment letter and use that to expedite EAD. its not the best situation but it is what it is. i dont see any other way to expedite.. may be even switch employers and the new employer has a offer letter.   its a uphill battle but the choices are limited 

[Calicolom 266]

7 hours ago, Loren Y said:

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.

Correct, CDL, are Under federal now, all states have the same requirements now.