US Immigration from Cuba

immigrant had a valid i-765 work authorization. Their work authorization was expiring in a few months, and so we wanted to submit a renewal for their work authorization. The original basis for their work-authorization is no longer valid, and instead we were applying based on pending i-485 residency. The issue as you can see from the attached picture from the form, we selected "renewal of my permission to accept employment" because those words were exactly what we were doing... However if you read the definitions in the instructions it clearly states that "initial permission" is when you are asking for work permission depending on a new basis. "Renewal" is only supposed to be for when you are renewing your work authorization under the same class that you were previously approved for.

Anyways, We did it wrong. The rest of the application is correct, and the filing fee is correct.... Is this something I can correct now somehow? or is this something that an agent would just roll his eyes over and file it as a initial permission?

This is sorta related to my last post, but now I am questing everything I was doing.

Cuban citizen originally came to the US legally under Biden's Cuban Humanitarian Parole Program. She applied for I-765 EAD with code "Parole c(11)" in May of 2023 and received her EAD card 30 days later. The expiration of her EAD lines up with the expiration of her 2-year humanitarian parole window. She applied for i-485 permanent residency 1 year + 1 day after her arrival in the US via Cuban Adjustment Act of 1966. It should be noted that I personally did 5 of these applications, and 2 of the 5 received their green cards 3 months later where the other 3 are just "pending" but will certainly be approved. Since USCIS is such a mess, and there is no real timeline for when they will do their job, I feel she needs to file for some sort of extension of her work authorization.

Questions :

1. What should her i-765 filing category be?

2. What is the filing fee?

I filed a I-134a parole application for my lovely Cuban fianc e January 14, 2023, or five days after applications opened. In July, 2024 I sued the DHS and three weeks later her I-134a parole was approved. Coincidence, I'm sure. The DHS never issued her an ATA so she interviewed for her K-1 visa two weeks ago, but that's another story.

My question is, how did DHS choose I-134a parole immigrants? Selection wasn't chronological, or we would have been selected in early 2023. Same with a lottery, we should have been selected long ago. And DHS wasn't picking immigrants who had a K-1 visa application pending.

I might file an FOIA request asking this question.

If no one can answer this question here, I'll cross-post this question in the Caribbean forum.

Quote

SEC. 237. PROCESSING OF VISA APPLICATIONS.

(a) Policy.--It shall be the policy of the Department of State to process immigrant visa applications of immediate relatives of United States citizens and nonimmigrant K-1 visa applications of fiances of United States citizens within 30 days of the receipt of all necessary documents from the applicant and the Immigration and Naturalization Service.

https://www.govinfo.gov/content/pkg/PLAW-106publ113/html/PLAW-106publ113.htm

(The Immigration and Naturalization Service is now the Department of Homeland Security.)

Quote

9 FAM 504.7-2 Requirement for an Interview

(CT:VISA-1943; 03-07-2024)

...

b. Timeliness of Interview: The interview with you is the most significant part of the visa issuing process to ensure the full and correct application of the law. Section 237 of Public Law 106-113 and subsequent legislation require that the Department establish a policy under which immediate relative (and fianc (e)) visas be processed within 30 days of receipt of the necessary information from the applicant and the Department of Homeland Security (DHS); all other family-based IVs must be processed within 60 days. The Department expects all IV units to strive to meet the 30/60-day requirements.

https://fam.state.gov/FAM/09FAM/09FAM050407.html#M504_7_2

The Department of Homeland Security sent our K-1 visa application to the State Department April 26. On November 29 I received an email with a January 15 interview date at the Havana embassy. That's six or eight months, depending on your definition of "processing." (The Foreign Affairs Manual seems to say that the interview should be within 30 days.) Was our experience compliant with the statute? Do other embassies interview K-1 fianc (e)'s within 30 days?

My MIL arrived to the USA on C(11) Cuban Humanitarian Parole and has applied for Permanent Residency (i-485) based on Cuban Adjustment Act of 1966. Her husband who arrived at the same time, and applied for residency at the same time, was approved 6 months ago.

Her 2 year parole period will expire in a few months and she needs her job so she is filing for i-765 renewal based on C(09) "Pending i-485". It's obvious that she will get approved if someone at USCIS decides to glance at her application....

My question is for line item 25 - "What is you current immigration status" should i put "pending i-485" or should I put "CHP - Cuban humanitarian Parole" since her parole period doesn't expire until May?