wazzujoel

Oh wow! Thanks for the clarification. I would have thought the line was if they are being paid for services rendered, however interesting to know if it is something that might be someone's job then you can't "help out" simply because it's your parent. You know I feel it's human nature to want to help a family member who is struggling or hurt or sick or whatever. Can't say I'd personally fault them for that, however rules are rules and I guess that's a position USCIS can take.

Update - Not much is changed. My congressman and Senators are just repeating the same generic USCIS responses about some cases taking longer than others and they are committed to processing the case. I do believe they are contacting USCIS on our behalf, however I think that the weight of a Congressman doesn't mean anything to USCIS. We are still waiting for approvals for either residency or ead renewals. Hopefully the ead renewal based on pending i-485 (C09) gets processed at least so my in-laws don't lose their jobs. Under Biden their first EAD was approved in 30 days, however this renewal has been sitting for 2 months already. Perhaps I will try and expediate the EAD when her current EAD is 30 days from expiring. Without that EAD renewal my MIL will need to go on public assistance. I personally found it really concerning that Trump enacted the Alien Enemies Act of 1798 to deport immigrants without needing the courts. Most reasonable people would probably tell me not to worry about that because he only did that to get immigrant gang members out of the country, however it feels more sinister to me then that. Trump has been very vocal about how Biden should have never allowed Humanitarian Parole for the countries listed in this subject. He's even said that it was 'illegal' that this happened and has said lots of rhetoric about how he needs to get these people out. Although, nothing my family has done was illegal, I can't help but feel that Trump is coming after them and they are just going to be collateral damage on his war against immigrants. I have even read a few articles recently where ICE was talking about Trump not being happy with their deportation numbers and the thing that Trump doesn't understand is it's really difficult to catch criminals who are immigrants because they don't document where they are staying and lay low because they are doing criminal acts and don't want to be caught... Much easier for ICE to catch and deport people who are following the rules because they document where they are, and ICE has all the information on their visa/visit status and where to get them when it expires. The ICE agent in the article said something like Trump doesn't understand it takes 10 times the agent to catch an actual criminal than it does to pick up an immigrant on a administrative issue and then deport them. Anyways, my concern now is that when my partners 2 year humanitarian parole window expires, then ICE shows up at my door to deport her even though she has a pending residency. Am I being ridiculous? idk, maybe. I can tell you I am not opening any door for an ICE agent, I'll be calling a lawyer and my congressman the moment they step onto my property, and the moment I get them to leave I will be hiding her in a location where ICE can't find her. WILD that this is what I am thinking about. I don't at all feel "protected stay" because of a pending i-485 will keep her from being deported by Trumps illegal invoking of the Alien Enemies Act of 1798.

For my own education here - Can you expand on "she cannot take care of her mom"? Are you saying that if an immigrant comes to the USA where their parent lives on a tourist visa, and that parent is dealing Covid for example, this person should not make them soup, help them get meds, or whatever else one might do when a loved one is sick?

Appreciate moving this thread to an appropriate location on the site. I wasn't sure where something like this fit in. I competed 5 residency applications based on Cuban Adjustment Act. Two were approved and the other three are in limbo. Apr 12, 2024 - My fiancée - Pending May 20, 2024 - Friend - Approved 09/11/2024 Jun 3, 2024 - Fiancée's mother - Pending Jun 3, 2024 - Fiancée's brother - Pending Jun 3, 2024 - Fiancée's stepdad - Approved 09/16/2024 All five of these I-485's were completed exactly the same by me, with the only difference being biographic data. i-485 via Cuban Adjustment Act is very straight forward as they are not subject to public discharge and the only requirements are i-693 medical, either Cuban passport or Cuban Birth certificate, and i-94 proving continual presence in the USA for 1 year + 1 day. Also, I have filed for a I-765 Work Authorization EAD renewal based on C(09) "pending i-485". This was an additional $260 payment to USCIS since the $1,440 residency application is still pending. My mother-in-law works full time overnights at Walmart, loves her jobs, pays taxes, has a 401k through Walmart that she contributes to... Since Trump has directed USCIS to not process any applications for applicants that arrived via Humanitarian Parole, she will lose her job on May 15th. My congressman is aware that Trump and USCIS has put legal immigrants, such as my family, on "indefinite holds" and will no longer process their applications. Hopefully, the courts get involved soon and put a stop to this before Trump forces them (and many other legal immigrants in their situation) to insolvency. I've already reached out to public assistance in our county and they confirmed that if they lose their jobs and ability to work due to USCIS than they will qualify for Medicaid, SNAP, cash assistance, rent subsides, and other forms of public welfare while they await for USCIS to process their applications. This is the last thing they want.... They love working, and their employer loves them too since they are hard honest workers. There is also rumors that Trump is planning on ending the Humanitarian Parole early. What this would do is it would move up the dates of when she is no longer allowed to work. Their current EADs (that they paid for) were based on Humanitarian Parole, so if he prematurely ends it, then it also ends their EAD early. I have received confirmation that if their parole period ends without a decision on their residency application, then they will be in a "protected stay" status here, where they are allowed to stay in the USA and cannot be deported until a decision is made on their i-485. And this could be for the entire length of Trumps presidency or maybe even longer. They will be living off the government this at this time, but that's what Trump wants as it pushes his narrative that immigrants are just trying to take advantage of the American people. Their residency will eventually be approved as it's based on a 1966 US law (Cuban Adjustment Act) and they have met all conditions for residency... There isn't any room for interpretation.

If you are from one of these countries and you arrived to the US on Humanitarian Parole then you should know by now that ALL applications/petitions that you submitted have been put on "indefinite hold" by USCIS. This means that if you submitted a Work Authorization, or an Adjustment of status because you married a USC, or any other application, USCIS agents have been directed to not process these applications. The money you paid, and the petition you submitted will just sit there and never be processed until either Trump allows it, or perhaps courts put a stop to this illegal practice. You might even need to wait until a Democrat is elected president again such that they can provide justice for the immigrants that are here legally that trump is attacking. I contacted my congressman and he confirmed to me that it is true that USCIS is not processing any application submitted for an individual that came from these 5 countries. I have come across a immigration lawyer whom is working on a class action lawsuit against USCIS for these illegal actions. The lawyers name is Jim Hacking III. To be included in this lawsuit send a request to info@hackinglawpractice.com. I found this class action lawsuit by watching his youtube channel on immigration (episode below and the relevant information starts around the 3 minute mark.

Thanks TboneTX. I have contacted my congressman when the news broke. One issue with the news is that the CBS news article sited a undisclosed "leaked internal memo" that stated that USCIS is not to process any Residency applications or work authorizations or any other application if the person arrived via CHNV. This hasn't been official announced however several sources have claimed that the memo and directive is real. I contacted my congressman pointing them to the CBS news article (posted below if you are curious) but I am not sure how much help my congressman and senator will be with secret, closed door, possibly-illegal actions Trump directed USCIS will be. But hopefully these elected officials can intervene before things get out of control. https://www.cbsnews.com/news/u-s-pauses-immigration-applications-for-certain-migrants-welcomed-under-biden/ Thank you for the clarification, I was reading that as more of a requirement. You're correct it does say "should" make a determination within 180 days. Amazing how such a small word can turn a sentence from something that would add accountability to one that really is kinda meaningless.

hm. I really would be nice if someone official within USCIS would offer some clarification on what they have been directed to specifically do. Because it appears that USCIS might be "effectively freezing" them in their status preventing their ability to move to another legal status; however, unless I misunderstand immigration policies, I believe my fiancée (as an example) became "Pending permanent residency" April 10th 2024 when USCIS received her application and sent us a i-797C receipt of i-485 application informing us that she is pending AOS. From everything I have read, if someone has a pending AOS than they have a protected status of being removed from the country even if the underlying pathway they arrived on expired. The thing is, this is pretty new territory for someone who arrived on CHNV and is seeking AOS based on the law of CAA of 1966. As far as I can tell, her status of "pending AOS" should allow her lawful presence in the USA until USCIS makes a determination on her Residency application. Perhaps that will be the entirety of Trumps presidency. Note per US law 8 USC chapter 13, USCIS is supposed to make a residency decision within 180 days which is the whole point of this thread..... My fiancée is now going on 316 days of pending AOS and I am wondering if filing a writ of Mandamus is advised in a situation where USCIS is already in violation of immigration law and unsubstantiated information is being rumored that USCIS plans to not work on such cases. Thoughts? btw - thanks for the messages. I understand not many here will claim to be experts however there are a lot here who have been around the community a lot so I value the opinions I see here. Reading the forum messages on this site has allowed me to file a successful K1 application That was approved by USCIS before we abandoned it due to the CHNV HP route, file 5 successful CHNV HP petitions that were approved, file 5 i-765's that were all approved, and file 5 i-485's with 2 approved and 3 in limbo. Never received an RFE and I credit the help I have received here for a good chunk of that success.

Although I sponsored these people under Biden's Humanitarian Parole program, I do agree with you that the program was very disorganized, had instances of people getting paroled through fraud, and was very short sighted in vetting the people and making sure they had actual support here in the USA. A large fault to the programs failures should be attributed to USCIS inadequacies which is not only seen with this CHNV program but is wide spread across ALL immigration paths. Not processing applications generally in order, and not using standard practices for vetting applications are two huge reasons for the failures of our agency in charge of making sure we have fair, ethical immigration pathways. USCIS needs to instantly stop the practice of processing newer cases while older cases remain untouched only to prop up their average processing times. If you aren't going to fairly process cases that arrive legally then don't be surprised when desperate people find other ways to skirt a system that isn't even following their own laws and rules. Politics aside - I am not arguing on this forum about what should have been done but talking about real people that are personally apart of my family. I am looking to do what is best for my three people. You stated that they are not immigrants and I am asking you what are they then? These three people are foreigners who were allowed to legally come here temporarily for 2 years. It's perfectly fine if you want to think of this as a two year tourist visa they received, however I will correct you that the people I sponsored did not receive cash benefits from the government, did not receive food benefits from the government, do not receive any sort of housing stipend from the government, nor do they receive health insurance from the government. They paid roughly 500 to USCIS to apply for the authorization to work in this country, which USCIS granted 30 days after their arrival, and then they got overnight jobs at Walmart stocking shelfs because those were jobs Americans didn't want because Walmart couldn't find anyone to do that work. In the last 1.5 years they have worked full time, and have paid taxes on the money, bought cars, pay for insurance, pay for a non-subsidized apartment, and would love to buy a house this summer if they can find one. They have applied for Permanent Residency i-485 under the 1966 law titled Cuban Adjustment Act. They have satisfied all conditions of this US law and as such 2 of the 5 people I sponsored on CHNV have been approved. The other three will be approved if someone at USCIS bothers to look at their application that they submitted 10 months ago. So if they are not immigrants what are they? Are you saying they are "non-immigrants that have legally applied for permanent residency per US law"?

I am 99.9% on the bolded part? I have read multiple cases where someone comes to the US, and then while here they find some immigration path to become a Permanent Resident, and while they are waiting for a decision on their i-485 that status here lapses and they are allowed to stay until a decision has been made. I see no reason why this should be any different. Everything I have read is that when your status expires but you have a pending i-485 you are allowed to stay indefinitely until a decision has been made; however, if the application ends up being denied than the foreigner is required to immediately leave the country because they no longer have any legal basis for remaining. I know you have been around these forums a lot and you seem quite knowledgeable.... Are you saying you've never heard of situations such as this? This being CHNV seems pretty irrelevant in my opinion, because although that was their legal entry into the country (call it a 2 year tourist visa if you want) was CHNV, at this point in time they legally applied for permanent residency meeting all conditions of the 1966 Cuban Adjustment Act Law. They applied for for residency 1 year before their "2 year tourist window" expired, and USCIS has taken more than the 180 days to process a residency application which brings USCIS in violation of the law per 8 USC Chapter 13. Thoughts? Do you really think that Trump will try and deport someone who has a pending permanent residency application? It's really quite frustrating to me... The 5 people I sponsored are all great people. One is in HS and graduating this spring with honors. One is my partner. The other three have full time jobs, working hard, paying taxes, not living on any form of government assistance... So USCIS approved the dad of this family unit, and then a friend of my partner. Who has not been approved is my partner, her mom, and her brother. All five i-485 applications were exactly the same with the only difference being biographic data.... It's the same code, just different names and dates. USCIS then approves 2 of them in roughly 90 days and then the other 3 just remain in limbo and then they announce they are not going to process any application regarding people that arrived with CHNV no matter if they have a legal basis for being here.

Then what are they? Under US law, they are Cuban nationals who are now allowed to become permanent residents of this country under Cuban Adjustment Act of 1966 because they are Cubans who were lawfully present on US soil for 1 year and 1 day. Under US law they are now adjustable to residents. Perhaps I am misunderstanding your comment - can you clarify?

Since USCIS are no longer processing any cases for people that came on CHNV (Biden's Humanitarian Parole for Cubans, Hattians, Nicaraguans, and Venezuelans), I am questioning if I should start this process of filing a lawsuit. I have 3 family members that are still pending permeant residency with application dates from April 2024. I personally filled out 5 i-485 applications for this family group and 2 of the 5 were approved in September. Their parole period ends this spring, and I know that since they are pending residency they will be allowed to stay legally until a decision has been made with their application... However once their parole period ends, so does their work authorization... and from what I have read USCIS is stopping work on all applications related to anyone who came on CHNV which means they wont be able to get a work authorization renewal as they wait for the "indefinite suspension of processing any case of a CHNV individual" to end. https://www.cbsnews.com/news/u-s-pauses-immigration-applications-for-certain-migrants-welcomed-under-biden/ How is this legal? Does Trump expect these immigrants who are here legally to just stop working, and go on public assistance until USCIS decides to start processing their applications again? These immigrants that I helped come here are not on any form of public assistance, work full time on minimum wage paying jobs that Americans don't want, pay taxes, and abide all laws.

Replying to my own topic because I have the answer. Yes it should be c(9) and the filing fee is $260

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?

Yes those can remain unchecked.

There has been a lot of helpful tips in this thread already, but I want to stress one important thing to you.... They provided you a bulleted list of the sort of evidence they are looking for. Now you don't need to include a response to every bullet, because some of those things will not be relevant for you; however, what I would do is read each bullet carefully multiple times, and try and capture some sort of evidence for each bullet. It sounds like you have an agent that is being very nit-picky so make sure you provide substantial evidence that proves that you intend to marry. I know you said you previously sent a couple photos of you together, however I would definitely make sure you send more, and make sure you write the date and location on the back of them. Also have the majority of the photos you send be taken between one year (or a few months prior) prior to filing for K1, to the filing date of K1. This is a requirement for K1... You must prove that you have seen each other in person at least once in the previous 2 years before applying for K1. If you wanted to provide one photo from after you filed K1, that's okay, but put that at the back. Like if you have photos of her ring and the engagement (prior to filing) that would be very helpful

Perfectly good reason. It sounds like what they are asking is for an explanation of your intent. Why don't you make a rough draft of what you intend to say, and post it here and then we can help you revise it to make sure it's perfectly clear. You letter should contain the following : 1. You and the beneficiary intend to both reside together in NYC for two months because you want to provide your direct family and your partner the chance to get to know each other better, before you both move back to California at the address you reside in. 2. Explain where you will be residing together in NYC - address, who owns the property, etc 3. Provide the complete name of the mutual relative that introduced you two. Additionally define the relationship between this third party in how they are related to you AND how they are related to her. I'd expect this to be a single page, maybe three paragraphs. and also when you send back this letter, make sure attach the RFE coversheet (exactly what they put in bold). I don't think you need to provide any additional evidence... Just a signed letter explaining the details they are asking for.

I feel like this is either "no" or "enough of a grey area to not do it". If this was some sort of unpaid training that didn't result in a job at the place you're training then it's probably legit. receiving scholarship money to me seems like too close to being considered pay and I woudn't take the risk personally.

Just for clarification, I meant 'good news' because less requirements means less things that can go wrong. I am not anti-vax or anything.... We just are past the point where Covid is no longer really dangerous to society, so seems good to remove the requirement. It's kinda like if there was a requirement for everyone having Dengue vaccine and they got rid of that requirement. This would be good because Dengue isn't really a huge health to concern US society even though it could be a pretty serious illness.

My significant other is from Cuba and their address are really weird too. it would be something like "main and pike, down the alley, second floor 4 doors down with red door handle". When I did her K1, I just kinda invented an address that seemed more accurate by using google. She told me that what I wrote, no one in Cuba would be able to find her like that but I also wasn't going to list it like she wanted which was more like have you give someone directions to their place. Anyways... my point - We were approved without an RFE. I don't think the address is used to send any communications. everything goes through email so make sure the email is correct. Do the best you can and EatVulaga's answers were good. One thing though - Whatever you do, take note and always use that... be consistent.

Trump made this change or the new USCIS director? good news either way

Could you please post the actual RFE so I can understand the context of the request? Blur out sensitive stuff if you want. Do you have a list of what you originally sent in with the initial application packet? Edit - Why are you planning on moving to NY for 2 months, getting married, and then moving back to CA? It's pretty unusual thing to say. Im wondering how you stated all this on your initial application.

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?

I second this. Nothing wrong with making a forum post that has a detailed list of what you plan to submit 🙂 I personally love posts where we help decide if the evidence is sufficient, insufficient, or over-kill. My personal approach to dealing with USCIS is to aim for "sufficient" and not venture into over-kill. Remember the agents are people to, so I don't want them getting annoyed at having to wade through too much repeat or unnecessary evidence. At the same time, you want to make sure you aren't missing anything.

Apologies that you read my comment as condescending/rude, it certainly wasn't my intent. My intent was to show you what was requested versus what you submitted and why this wasn't sufficient such that if you attempt to continue to do this on your own then you will see your errors and hopefully learn not repeat. My comment intent was to provide insight and thus by providing insight you might learn and then have success in the future. If I wasn't trying to help you, I wouldn't have taken the time to write such a long post. I'm too busy with life, and too old in life to waste my time with non-sense. The RFE did not ask for W-2's from 2020, 2021. The RFE specifically asked for "The joint sponsors most recent year tax return and all supporting tax documents (W-2's, 1099s, Form 2555, and tax schedules)". So although it was good that you submitted the W-2 for 2022, that was only a small part of what they asked for because you are missing the 2022 1040, 1099's, 2555, and tax schedules (or alternatively the tax transcript). They also did not ask for your 2022 W-2, just your joint sponsors. Do you understand this? My goal of this paragraph is to make sure you understand that you didn't need to supply documents they didn't request - In this situation W-2's from 2020 and 2021. When dealing with USCIS, always respond with the most concise evidence that address the request. Don't over-think it, don't try and swamp them with documentation you think proves the case, but only provide them exactly what they request. If you go the route of submitting a new i-485 then make sure you provide them exactly what they need which you have a good guide since you saw this RFE. reread my last comment and make sure you have concise evidence for the 7 items they asked for. Sincerely I am wishing the best for you, even though I don't know you. I have empathy for you because I also went through the K1 process and I understand how mentally exhausting the process can be. Best wishes. Note - I don't have an opinion on if you should refile i-485 or if you might have success with a I-290B. Is it possible to do both? I am not sure if a I-290B would allow the application to be reconsidered with new evidence that was previously not submitted in response to the RFE. If I was you, for this reason alone, I would probably want a quick consult with a lawyer at least.

Did you look really hard on the computer you used to create the application? Check the download folder, document folder, desktop, etc...