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

[Redro 4,611]

45 minutes 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.

 

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._ you forget claiming to be a US citizen… 

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.

 

[Dashinka 24,481]

Interesting case.  I tend to agree it is a good thing they are using a lawyer, but hopefully it is a competent lawyer.  To request an expedite the EAD or not seems like a question the lawyer should answer as there is a bit of a difference of opinion here.  I tend to be on the side of holding off due primarily to the nature of the case.

 

Good Luck!

 

[Crazy Cat 41,814]

 

10 hours ago, igoyougoduke said:

why dont you ask his employer to provide him an employment letter and use that to expedite EAD.

Expedite an EAD to authorize work he already doing illegally?  

[igoyougoduke 1,653]

4 hours ago, Crazy Cat said:

 

Expedite an EAD to authorize work he already doing illegally?  

does it really matter  whether its legal or illegal at this point for his father 

Edited May 31, 2023 by igoyougoduke

[Boiler 45,449]

2 minutes ago, igoyougoduke said:

does it really matter  whether its legal or illegal at this point for his father 

i assume both parents are sans documentation.

 

Let us put the moralistic aspect aside as I do not see how using that there can be any justification.

 

That leaves us with the actuality:

 

Severe financial loss to a company or person, provided that the need for urgent action is not the result of the petitioner’s or applicant’s failure to:
Timely file the benefit request, or
Timely respond to any requests for additional evidence;
A company can demonstrate that it would suffer a severe financial loss if it is at risk of failing, losing a critical contract, or having to lay off other employees. For example, a medical office may suffer severe financial loss if a gap in a doctor’s employment authorization would require the medical practice to lay off its medical assistants.

Job loss may be sufficient to establish severe financial loss for a person, depending on the individual circumstances. For example, the inability to travel for work that would result in job loss might warrant expedited treatment. The need to obtain employment authorization by itself, without evidence of other compelling factors, does not warrant expedited treatment. In addition, severe financial loss may also be established where failure to expedite would result in a loss of critical public benefits or services.

[igoyougoduke 1,653]

8 hours ago, Boiler said:

i assume both parents are sans documentation.

 

Let us put the moralistic aspect aside as I do not see how using that there can be any justification.

 

That leaves us with the actuality:

 

Severe financial loss to a company or person, provided that the need for urgent action is not the result of the petitioner’s or applicant’s failure to:
Timely file the benefit request, or
Timely respond to any requests for additional evidence;
A company can demonstrate that it would suffer a severe financial loss if it is at risk of failing, losing a critical contract, or having to lay off other employees. For example, a medical office may suffer severe financial loss if a gap in a doctor’s employment authorization would require the medical practice to lay off its medical assistants.

Job loss may be sufficient to establish severe financial loss for a person, depending on the individual circumstances. For example, the inability to travel for work that would result in job loss might warrant expedited treatment. The need to obtain employment authorization by itself, without evidence of other compelling factors, does not warrant expedited treatment. In addition, severe financial loss may also be established where failure to expedite would result in a loss of critical public benefits or services.

if only USCIS was processing with morality of following rules.

[Walbrzyszanka221 62]

On 5/30/2023 at 9:03 PM, Redro said:

 

He never claimed to be a U.S. citizen so please stop making such assumptions. 

[Dashinka 24,481]

1 hour ago, Walbrzyszanka221 said:

He never claimed to be a U.S. citizen so please stop making such assumptions. 

I don't think anyone said he did claim to be a USC.  The response was framed that if he in fact did, this would not be forgiven during a subsequent AOS processing.   

[Family 3,988]

1 hour ago, Dashinka said:

2 hours ago, Walbrzyszanka221 said:

He never claimed to be a U.S. citizen so please stop making such assumptions. 

I don't think anyone said he did claim to be a USC.  The response was framed that if he in fact did, this would not be forgiven during a subsequent AOS processing.   

OP , please review ANY editions throughout the years of the I-9 , the section that required a response to status. 
 

IF he had marked anything other than USC , he would have been required to provide I-551 LPR or EAD . 

Ir is a reality and a paper trail for everything from employment to secured /unsecured credit. 
 

Just as true as the fact that courts held I-9 DO count as false claim BUT not pursued by USCIS at AOS stage . Dangerous only if in removal AND they really pull out the stops. 
 

 

 

[Walbrzyszanka221 62]

On 5/30/2023 at 9:52 AM, Crazy Cat said:

I'm curious.  On what basis did he obtain his CDL originally? Why can't he renew it?

I think not every state was enforcing the law where you need to be a LPR or citizen in order to re-new/obtain the CDL so he did it in a different state.

[Walbrzyszanka221 62]

Update: my dad's EAD was approved on 11/30. Now just waiting on the card to arrive.