Frustration with AOS (I-485) still pending and Renewal of I-765 & I-131.

[Tacos 69]

So my wife is STILL waiting for her AOS, (we filed in 12/2021), now her I-765 (Employment Authorization)  and I-131 (Advanced Parole) will expire in December. Does anyone have any advice for the renewal of both of them? We don't know how to do the renewal, haven't seen any forms online for it, unless it's the same ones we used initially. Is travel still doable before the Advance Parole expires? We are thinking at the end of November. 

 

My wife has contacted USCIS nearly every other week, and told to keep waiting. It went from being outside of normal processing time, but now it's not. We recently contacted the congressman in my area, but again told to "keep waiting". When we initially filed, I listed a parent's address (who lives in another state) because mail at my place was being stolen, then this January 2024, we moved twenty-minutes north because the crime in the apartment complex was getting to be too much, (shootings and drug dealing) so with a young kid and a baby on the way, we decided to move to a safer area. 

 

My wife and son went about every six months to see her family in Colombia (they don't have visas for the US) and we recently took a vacation to Europe. As much as I despise lawyers and try to avoid them at all costs, I'm giving serious thought to go see one about this case. Nearly three years later, and still waiting, it's BS at this point. I don't know what else to do. The address and necessary move might have been the delaying factors for us. My wife would like to work and study but can't without the Green Card.

[Crazy Cat 41,143]

***Moved to Working and Traveling during US immigration as OP is asking about renewal of the I-765 and I-131***

[Timona 4,152]

You haven't got a GC since 2021? Which state for you live in? 

 

Are you sure you haven't missed mail due to the fact that you've listed your parent's address in another state and you keep moving?

 

 

[K1visaHopeful 2,755]

5 hours ago, Tacos said:

Does anyone have any advice for the renewal of both of them? We don't know how to do the renewal, haven't seen any forms online for it, unless it's the same ones we used initially.

Same forms. Select renewal options. 

5 hours ago, Tacos said:

Is travel still doable before the Advance Parole expires? We are thinking at the end of November. 

Can reenter UaS up until expiry on AP.

5 hours ago, Tacos said:

 

My wife has contacted USCIS nearly every other week, and told to keep waiting. It went from being outside of normal processing time, but now it's not. We recently contacted the congressman in my area, but again told to "keep waiting". When we initially filed, I listed a parent's address (who lives in another state) because mail at my place was being stolen, then this January 2024, we moved twenty-minutes north because the crime in the apartment complex was getting to be too much, (shootings and drug dealing) so with a young kid and a baby on the way, we decided to move to a safer area. 

And you've both filled out a change of address AR11 within 10 days as legally obligated to every time you've moved and confirmed the change by waiting 30 days afterwards and contacted Ask Emma to make sure they changed your address?

5 hours ago, Tacos said:

My wife and son went about every six months to see her family in Colombia (they don't have visas for the US) and we recently took a vacation to Europe. As much as I despise lawyers and try to avoid them at all costs, I'm giving serious thought to go see one about this case. Nearly three years later, and still waiting, it's BS at this point.

Explain what you'd be expecting from a lawyer? If you aren't outside of normal processing times for your LFO, a lawyer can do nothing. 

5 hours ago, Tacos said:

 

I don't know what else to do. The address and necessary move might have been the delaying factors for us. My wife would like to work and study but can't without the Green Card.

Pardon?

If she has EAD, she can work. You said earlier she does. All she needs to do is renew. Can continue to work while renewal processes.

One can also study. A GC is not needed for that.

[nastra30 2,225]

Op, look into filing a WoM. Good luck.

[Tacos 69]

2 hours ago, nastra30 said:

Op, look into filing a WoM. Good luck.

 

What is a WoM

 

20 hours ago, K1visaHopeful said:

Same forms. Select renewal options. 

Can reenter UaS up until expiry on AP.

And you've both filled out a change of address AR11 within 10 days as legally obligated to every time you've moved and confirmed the change by waiting 30 days afterwards and contacted Ask Emma to make sure they changed your address?

Explain what you'd be expecting from a lawyer? If you aren't outside of normal processing times for your LFO, a lawyer can do nothing. 

Pardon?

If she has EAD, she can work. You said earlier she does. All she needs to do is renew. Can continue to work while renewal processes.

One can also study. A GC is not needed for that.

 

Thanks for the answers. Yes, we did an address change, within a few days of moving, to our current address. One agent at USCIS was hinting that the move we did has delayed the process, and our case has moved to a different office, but others have said it hasn't. We're thinking of hiring an attorney, because we'd like for her to get the GC after three years. I understand that they probably can't do anything, but I'd like to know what we did wrong and how to fix it (refile) since USCIS isn't telling us. She's has friends that started at the same time, who've had the GC for two years.

 

She isn't working, and hasn't been able to get anything because no one hasn't been wanting to hire her without the GC, just our experience. 

 

Do you know that if and when she gets it, will it be a permanent or will it be the two year GC? 

 

22 hours ago, Timona said:

You haven't got a GC since 2021? Which state for you live in? 

 

Are you sure you haven't missed mail due to the fact that you've listed your parent's address in another state and you keep moving?

 

 

 

That's correct, we're in Florida. No mail has been missed, when we check the case status it's still pending. USCIS is saying that illegals and refugees now have the priority. 

[OldUser 5,970]

54 minutes ago, Tacos said:

 

What is a WoM

 

Writ of Mandamus. Essentially, you can sue USCIS for decision. If you hire a lawyer, get the one who can file WoM for you, otherwise a regular lawyer won't do much.

 

Also, before hiring lawyer and filing WoM, file FOIA, it's free. Ask for complete immigration file. When you get reply, it may contain hint why case is taking so long. Maybe case was already denied. Maybe there's suspected fraud etc. At least that will help to address any issues before you file WoM. WoM forces USCIS to make a decison. But what decision - approval or denial, it depends on USCIS and your case.

[nastra30 2,225]

1 hour ago, Tacos said:

What is a WoM

To add to what OldUser said above. If you feeling adventurous you can DIY WoM yourself. Good luck.

 

[Timona 4,152]

2 hours ago, Tacos said:

USCIS is saying that illegals and refugees now have the priority. 

 

Where did you get this information? You have a source? 

 

Something is wrong with your case. You need to start investigating from step 1. 

 

[K1visaHopeful 2,755]

3 hours ago, Tacos said:

 

What is a WoM

 

 

Thanks for the answers. Yes, we did an address change, within a few days of moving, to our current address. One agent at USCIS was hinting that the move we did has delayed the process, and our case has moved to a different office, but others have said it hasn't. We're thinking of hiring an attorney, because we'd like for her to get the GC after three years. I understand that they probably can't do anything, but I'd like to know what we did wrong and how to fix it (refile) since USCIS isn't telling us. She's has friends that started at the same time, who've had the GC for two years.

 

She isn't working, and hasn't been able to get anything because no one hasn't been wanting to hire her without the GC, just our experience. 

 

Do you know that if and when she gets it, will it be a permanent or will it be the two year GC? 

 

 

That's correct, we're in Florida. No mail has been missed, when we check the case status it's still pending. USCIS is saying that illegals and refugees now have the priority. 

You stated in your post/ comments that you are NOT outside of processing times at YOUR LFO.

That information is PARAMOUNT and the only thing that matters. 

 

If you KNOW that information because you know how to easily look it up like anyone can that's all you need. 

 

You cannot compare her case to anyone else EVEN at the same LFO.

Why? Because you moved. 

You moved from one LFO to another LFO with LONGER processing times. Moving was your mistake. 

And while USCIS will never admit it, you likely got a BIT lost during the paperwork shuffle (and I'm not exaggerating a bit because FL LFOs are usually long to process).

 

What you can do and what it sounds like you have been doing by your responses:

Use the website like everyone else to monitor to monitor processing times. 

Once outside of normal processing times, use same website to place an outside of normal processing times enquiry. 

It will give you a time period for their response. 

Wait it out. Place a second one. 

Wait IT out.

THEN if no response you are eligble to contact your government rep for assistance.

 

All of this talk of lawyers makes no sense because you've clearly stated you know you aren't outside of normal processing times for your LFO because you've looked. 

Ppl are missing that and are responding to that only. 

WoM helps only when you are outside of normal processing times and never forget that it only forces them to open your file. And if they see that you've simply not waited the allocated time that they post publicly they can respond with a simple denial and you'll have to file AOS all over again 

 

[Tacos 69]

On 8/22/2024 at 12:40 PM, K1visaHopeful said:

You stated in your post/ comments that you are NOT outside of processing times at YOUR LFO.

That information is PARAMOUNT and the only thing that matters. 

 

If you KNOW that information because you know how to easily look it up like anyone can that's all you need. 

 

You cannot compare her case to anyone else EVEN at the same LFO.

Why? Because you moved. 

You moved from one LFO to another LFO with LONGER processing times. Moving was your mistake. 

And while USCIS will never admit it, you likely got a BIT lost during the paperwork shuffle (and I'm not exaggerating a bit because FL LFOs are usually long to process).

 

What you can do and what it sounds like you have been doing by your responses:

Use the website like everyone else to monitor to monitor processing times. 

Once outside of normal processing times, use same website to place an outside of normal processing times enquiry. 

It will give you a time period for their response. 

Wait it out. Place a second one. 

Wait IT out.

THEN if no response you are eligble to contact your government rep for assistance.

 

All of this talk of lawyers makes no sense because you've clearly stated you know you aren't outside of normal processing times for your LFO because you've looked. 

Ppl are missing that and are responding to that only. 

WoM helps only when you are outside of normal processing times and never forget that it only forces them to open your file. And if they see that you've simply not waited the allocated time that they post publicly they can respond with a simple denial and you'll have to file AOS all over again 

 

 

I appreciate it. It's odd because we were told several weeks ago that it was outside of normal processing time and we could submit another inquiry to be able to speak to a supervisor. Then the last time we checked, it's again within normal processing time; just weird.

 

My family and I moved ten minutes up the road, so it went from the Miami to the Olden Park office. I'm not sure what the correct thing to do was; stay in an an area with crime and drugs? We're going to stay in our current place until she has her GC, so another renewal on the lease. 

 

I'm going to file an FOIA for her case to see what's going on, and continue to wait. 

[appleblossom 1,881]

Just now, Tacos said:

 

I appreciate it. It's odd because we were told several weeks ago that it was outside of normal processing time and we could submit another inquiry to be able to speak to a supervisor. Then the last time we checked, it's again within normal processing time; just weird.

 

My family and I moved ten minutes up the road, so it went from the Miami to the Olden Park office. I'm not sure what the correct thing to do was; stay in an an area with crime and drugs? We're going to stay in our current place until she has her GC, so another renewal on the lease. 

 

I'm going to file an FOIA for her case to see what's going on, and continue to wait. 

 

Definitely file for FOIA to find out what's going on, but as said above, she absolutely can work, or study. If an employer isn't prepared to hire her without a green card then they're breaking the law. They have to accept her EAD as evidence of her right to work so you just need to educate them. 

[K1visaHopeful 2,755]

15 minutes ago, Tacos said:

 

I appreciate it. It's odd because we were told several weeks ago that it was outside of normal processing time and we could submit another inquiry to be able to speak to a supervisor. Then the last time we checked, it's again within normal processing time; just weird.

 

Not weird at all.

Processing times update extremely frequently. You may be outside of NPT and eligble to file an enquiry but then they adjust them because they obviously can't keep up and then you're not and not eligble.

 

FLA is the worst (other than TX, CA and NY) to be in for immigration processing times. 

PS you don't have to be TOLD anything. 

The website is self service. 

You fill in your info and it shows you whether you are eilgble to file an online enquiry directly from that site.

Filing an enquiry is not done by phone.