Don’t be afraid to talk to your Senator's office. Give them all the info and files they want. Here is the letter I drafted and sent and was denied. Also attached is our Fax to Nebraska. After she email it to her contact in Nebraska and resent our fax to him, it was approved after 5 days after she sent it. 53 days after Receipt notice (Dec 12 to Feb 3).Here is the cover letter for our meeting:
From: January 20, 2007
Name
Address
Town, State
Zip Code
To:
Sioux Falls Office of
Senator Name
Address
Attention:
Name of Immigration Official
I appreciate you taking the time to look at our case. We are very frustrated and are getting towards the end of our ropes. We moved from Town to South Dakota in 2002 and have loved every minute it! It is a great place to live and we think it is an excellent place to raise our daughter, Name. When we moved here, she was three. Soon she will be turning eight and she remembers very little of Home Country. Having to move back would not be easy on her. We are hoping to eventually become Citizens of the United States.
All we are asking from BCIS is to approve our case so we can get on with our lives. As of today, our Change of Status applications have been pending for 711 days. In fact, we would be happy if they just got our Employment Authorization Cards renewed on time so we can continue to work (and drive).
Here is a brief history of what we are going through:
I brought my family down to South Dakota from Home Province on August 26th, 2002.
I started to work on a TN Visa September 2nd, 2002.
I renewed the TN once and transferred to an H1B1 with an I -129 that was approved on February 17th, 2004.
My Company applied for Alien Employment Certification on February 2nd, 2004
Priority date was set on April 6th, 2004 and was approved on Sept 27th, 2004.
Immigrant Petition for an Alien Worker (I-140) was received on Feb 8th, 2005 and approved on June 8th, 2005
Our I-185’s were received on Feb 8th, 2005 and our online portfolio said it would take between 580 to 640 days to process. I wish I would have printed them off. They are still pending after 711 days.
We got Biometric notices for Pictures and Prints for March 25th, 2005. They called us in again for May 25th, 2006 since Prints for the FBI are only good for one year.
Wife name & I applied for Employment Authorization on February 8th, 2005 and were approved. We renewed them once and have third renewals pending. They were received on December 12th. Our second cards expire on February 5th, 2007.
They did Request for Evidences for Certified Birth and Marriage Certificates on July 18th, 2006 and we responded on time. They did more Request for Evidences on October 25th, 2006 for more Birth Certificates. They received the info on November 17th, 2006. They never got back to us after 60 days so I called and asked for a Service Request for a document being out of normal processing time. I was told that I would have to wait for Visas to become available.
I changed companies (AC21) on Aug 23rd, 2006 and notified them with an Employment verification letter and 2 pay stubs from my new company.
I faxed an Expedite Request on January 19th, 2007 for our EAD renewals explaining that our EAD expiration dates determined the expiration dates on our Drivers Licenses. The DOT people used our EAD’s to determine a valid reason for presence in the US. Losing them would create undue financial hardship and we would have to take a drivers examination to get them back.
My problem is that they say that it normally takes about 180 days to process an I-485 case. When they received our I-485 application letters on February 8th, 2005, the EB3 Visas from the State Department were current and stayed current until July, 2005. They went to a U status until October, 2005 where they dropped back 53 months to March 1st, 2001. Why did they say it would take over 500 days to process it if Visas were current for 6 months after?
The most we want is, after 711 days, for them to approve our I-485’s. At a minimum, I would like them to approve our EAD renewals before February 5th, 2007 so we don’t have to stop working and lose our drivers licenses. Can you help? My Cell # is . Our Home # is .
Thank you!
Me
A#
Wife
A#
Here is our fax to Nebraska:
USCIS Nebraska Service Center 1/18/2007
Expedite Request Fax # 1-402-219-6171
To: Adjudicating Officer
From: Me
I-765 Receipt Number: LIN070525XXXX
Receipt Date: December 12, 2006
Alien #
Wife
I-765 Receipt Number: LIN070525XXXX
Receipt Date: December 12, 2006
Alien #
On December 12th, 2006 you received our applications to renew our Employment Authorization Cards. We only have our EAD’s to prove our presences in the US is valid. In reviewing the processing dates, I believe our applications may not be processed in time. Without EAD’s we would not be able to work until they are renewed. This would cause severe financial hardships on our part. To compound matters, our Drivers License expiry dates are the same as our EAD’s. If our EAD’s expire, we will lose our drivers licenses. My job depends on me driving around to talk to customers. Also, we would have to take a drivers examination to get them back.
We would like to request expedite processing for our I-765 applications. Our EAD expiry dates are February 5th, 2007. This is 56 days after the December 12th Receipt Date.
Processing our applications before this date would relieve us from undue financial and transportation hardships.
Thank you for your consideration!
Me
email address
Wife