AOS interview: further review

[FavoredOnes 4]

We had our interview on May 6th in NYC. It wasn't tough but the interviewer was extremely professional with no room for small talk. There was another man in the room apart from the IO; she introduced him as someone from the state who was observing. I had never heard of that from all my time at VJ, but oh well.

She swore us in and immediately said she would direct questions at each of us and we couldn't speak to one another.

My USC husband was nervous and stumbled on a few questions like when she asked how old I was, he started to say my DOB. The IO cut him off and said: "I'm not asking for her DOB but how old she is." To which he answered. When she did eventually ask for my birthday, he goes March 23...sorry 29. SIgh! He didn't remember my phone number. She asked me for his phone number, and while I gave the correct number, when I got home, I realized that I gave her his new number and not the number that was on the forms since it had changed.

We don't have a lease, as we rent a basement apartment on a month-to-month basis. She seemed to have a problem with this and the fact that my husband's driver's license still says his parent's address in NJ.

We had a court marriage with my husband's two sisters as witnesses. She asked several times whether we did anything to celebrate afterwards and we said no. I think she had a problem with this.

But everything else she asked and I think we were in there for over 30 minutes, we got right. Mostly pertaining to each other's family. Names, pointing them out in pictures etc. We had lots of pictures that showed us together and with family and friends. She even asked for the house key and the way we are, if we are both going to the same place, we take only one key (I told her this and she asked my husband if he was going back to work, to which he answered: NO!). I didn't have a key on me, but my husband did. She asked me to bring the key to her and explain which key is which. The keys look exactly alike but we had a scratch on it to differentiate, and I was able to explain that to her.

At the end, we got hit with the further review sheet of paper and it's been a week. Womp Womp!

What can we do at this point? My job starts in a month and they want me to have the green card in hand by then.

Lawyer up? Congressman? Info pass?

How would I go about contacting a congressman?

Thanks for any help you can offer.

[Hypnos 6,576]

There isn't much you can do right now. From what you describe it sounds as if it could go either way.

After 30 days you may want to make an Infopass at the local office you interviewed at and ask for a status update.

It appears you had a mini-Stokes, which means they already suspect that something isn't right, more so if there was a spectator in the room.

Obviously if they deny your application then jump right to "find a good lawyer".

Your employer cannot "require" you to have a green card, or any particular employment document, by a certain date. Your timeline indicates that you have an EAD so you are authorised to work until it expires (or until your I-485 is denied, which would automatically invalidate your EAD). Showing the company your EAD authorises you to work, and they cannot "require" any other document; to do so would be illegal.

Edited May 12, 2013 by Hypnos

[FavoredOnes 4]

Thank Hypnos!!!

I will try to explain that to my program. They usually don't want to be stuck with an unfilled spot.

[Hypnos 6,576]

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=439a7f5c13f2e210VgnVCM100000082ca60aRCRD&vgnextchannel=439a7f5c13f2e210VgnVCM100000082ca60aRCRD

"Your employer may not...Demand that you show specific documents because of your national origin, ethnicity, immigration or citizenship status, race, color, religion, age, gender or disability, or because of any other protected characteristic.

"Your employer may not...Demand a specific document when reverifying that you are authorized to work. You may present any document either from List A or from List C to demonstrate that you are still authorized to work."

It should be noted that an EAD is a list A item, since it proves both identity and eligibility to work. No other document is required when showing an EAD as proof that you are eligible to work.

You can contact the Office of Special Counsel for Immigration-Related Unfair Employment Practices if a company is breaking these rules: http://www.justice.gov/crt/about/osc/