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DV 2014 AOS Only

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Again thanks so much. I also have anotherr question. My I-20 will expire Aug 2015. Do I need to send I-765 and I-131?

Sm1smom said:
That may not be a bad idea. It's not like you will be presenting your parent's passport though, thedocument that really counts is your birth certificate. However, since you're presenting a translated copy of your marriage certificate and the person translating is supposed to attest to the fact that they're fluent in the language it is being translated from, then you don't want them to begin to wonder if the translation is accurate to start with. So yes, I will go with getting a new translated copy if possible
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Sm1smom said:
No, I don't think his denial had anything to do with applying for EAD with the I-485. USCIS actively encourages anyone not working or with an about to expire EAD to apply for an I-485 EAD if they want to or plan to keep working while the adjustment application is pending. Applying for an I-485 EAD is free.
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Yes absolutely, but if what the guy said was true, it seems like the officer wasn't too happy that he applied for an EAD through I-485 when he could have applied for an EAD through his F-1 visa, but I do agree that the officer mustn't have been very knowledgeable and yes, applying for a I-485 based EAD, when holding an F-1 visa, should not create problems.
 
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neshate said:
Again thanks so much. I also have anotherr question. My I-20 will expire Aug 2015. Do I need to send I-765 and I-131?
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They are not required. I-131 is for advance parole, so you want to submit it if you intend to leave the country while your I-485 application is pending.
 
neshate said:
Again thanks so much. I also have anotherr question. My I-20 will expire Aug 2015. Do I need to send I-765 and I-131?
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Those 2 forms are optional. You send the I-765 if you plan on taking up a job which you otherwise wouldn't have been able to accept because if the limitations of your current status. However, I don't recommend those on F1 status take up employment based on an I-485 EAD because once you do that, you're technically no longer in F1 status and if for some reason your adjustment is denied, you can't revert back to F1.

You only need to include the I-131 if you think there's a possibility of you traveling out of the US after submitting your package. This enables you safely travel out and back without the possibility of your application being considered abandoned. If you're certain you wouldn't be traveling during the processing period, then I say don't bother.
 
Bramb90 said:
Yes absolutely, but if what the guy said was true, it seems like the officer wasn't too happy that he applied for an EAD through I-485 when he could have applied for an EAD through his F-1 visa, but I do agree that the officer mustn't have been very knowledgeable and yes, applying for a I-485 based EAD, when holding an F-1 visa, should not create problems.
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I think what the IO was trying to tell the guy is that if he had applied for an EAD through his F1 and used that to work, then he would have been able to continue staying in the US until that expires or he's able to convert to some other form of visa since his application for status adjustment was being denied. But because he didn't have that and all he had was an I-485 based EAD card, then he has to hand in that card and leave the US because he's no longer in status as a result of the denial.

I think there's a lot more that that OP isn't telling us. I highly doubt his denial had anything to do with the I-485. Even if the IO made a mistake in denying him, the cases are often reviewed and a supervisor would have caught the error on the IO's part just like they did in Aria's when their IO asked them to go get the wrong affidavit of support for their case.
 
Sm1smom said:
I think what the IO was trying to tell the guy is that if he had applied for an EAD through his F1 and used that to work, then he would have been able to continue staying in the US until that expires or he's able to convert to some other form of visa since his application for status adjustment was being denied. But because he didn't have that and all he had was an I-485 based EAD card, then he has to hand in that card and leave the US because he's no longer in status as a result of the denial.

I think there's a lot more that that OP isn't telling us. I highly doubt his denial had anything to do with the I-485. Even if the IO made a mistake in denying him, the cases are often reviewed and a supervisor would have caught the error on the IO's part just like they did in Aria's when their IO asked them to go get the wrong affidavit of support for their case.
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Makes sense ;)
 
Can I withdraw the I-765 from my application?


Sm1smom said:
Those 2 forms are optional. You send the I-765 if you plan on taking up a job which you otherwise wouldn't have been able to accept because if the limitations of your current status. However, I don't recommend those on F1 status take up employment based on an I-485 EAD because once you do that, you're technically no longer in F1 status and if for some reason your adjustment is denied, you can't revert back to F1.

You only need to include the I-131 if you think there's a possibility of you traveling out of the US after submitting your package. This enables you safely travel out and back without the possibility of your application being considered abandoned. If you're certain you wouldn't be traveling during the processing period, then I say don't bother.
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I hired a lawyer to fight for my case now. Hopefully everything will be OK. This week is the worst week in my life. Monday got the interview, then Officer told me have to go back to my country to reapply again. Bought my ticket leave the country on this Friday. On Wednesday, I found a lawyer can help me out. Cancelled my air ticket which cost me some $ and hired a lawyer cost me more $$$.
My lawyer said I in the good status since I applied for AOS in Oct 2013 while i still full time student. Will update you guys about my situation!
 
That's good. I hope the lawyer acts on your case right away. Good luck!

sliew said:
I hired a lawyer to fight for my case now. Hopefully everything will be OK. This week is the worst week in my life. Monday got the interview, then Officer told me have to go back to my country to reapply again. Bought my ticket leave the country on this Friday. On Wednesday, I found a lawyer can help me out. Cancelled my air ticket which cost me some $ and hired a lawyer cost me more $$$.
My lawyer said I in the good status since I applied for AOS in Oct 2013 while i still full time student. Will update you guys about my situation!
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chino said:
Can I withdraw the I-765 from my application?
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Yes you can, but it's probably not a good idea to do so now. Initiating a withdrawal process could cause delays with the final approval of status adjustment. I guess you're re-thinking the idea of it becuase you're in F status, you should be fine for as long as you don't activate the card.
 
vladek15425 said:
So in Aos the the denial isnt final ? can you dispute it ?
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Yeah, that's one of the beauty of doing AOS. ;) With a good lawyer, knowledgable in DV process, one can get a denial decision rescinded, there's also the option to actually sue USCIS, but of course the process is not cheap and it has to be completed by the end of the FY.
 
vladek15425 said:
So in Aos the the denial isnt final ? can you dispute it ?
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Yup, once you are on American soil you have more rights. That is why the US maintains Guantanamo, and why there have been scenes of Cuban refugees scrambling to get to the beaches from boats just off the coast....
 
So reading about Sliew's predicament filled me with horror. Assuming that the issue was that the officer didnt know the OP was in pending status (having been in status at the time when uscis accepted hos AOS package), I am wondering whether I should take some materials with me should the same issue arise. Im thinking that the NY FO might be better informed but Id rather be prepared for the possibility so that I can tackle the issue on the spot.

Does anyone know where the rules for what constitutes being "in status" etc are found? Something that I could point to as being authoritative? Is there some kind of manual for FOs that would prove that if my case was accepted whilst I was in status that I remain in status/pending status at the time of the interview even if I would otherwise have fallen out of status?

Thanks again peoples :D


Sm1smom said:
I believe your attorney friend is wrong or she did not give you a full explanation. You will only continue to be in status if USCIS accepts your I-485 and issues the acceptance notification. Just sending the I-485 before your status expires or even having a delivery confirmation from the courier company that delivers your package, without USCIS confirming they've received and accepted your application will not make you "status pending". I think this is something you need to clarify with your attorney friend.
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Sm1smom said:
I think what the IO was trying to tell the guy is that if he had applied for an EAD through his F1 and used that to work, then he would have been able to continue staying in the US until that expires or he's able to convert to some other form of visa since his application for status adjustment was being denied. But because he didn't have that and all he had was an I-485 based EAD card, then he has to hand in that card and leave the US because he's no longer in status as a result of the denial.

I think there's a lot more that that OP isn't telling us. I highly doubt his denial had anything to do with the I-485. Even if the IO made a mistake in denying him, the cases are often reviewed and a supervisor would have caught the error on the IO's part just like they did in Aria's when their IO asked them to go get the wrong affidavit of support for their case.
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+1

You've read my mind.

I sure hope the lawyer can actually do something instead of siphoning his money just like in missbekkaw's case.

Missbekkaw, when does your F1 expire? Make sure you sue your previous lawyer! :)
 
sliew said:
I hired a lawyer to fight for my case now. Hopefully everything will be OK. This week is the worst week in my life. Monday got the interview, then Officer told me have to go back to my country to reapply again. Bought my ticket leave the country on this Friday. On Wednesday, I found a lawyer can help me out. Cancelled my air ticket which cost me some $ and hired a lawyer cost me more $$$.
My lawyer said I in the good status since I applied for AOS in Oct 2013 while i still full time student. Will update you guys about my situation!
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That's good. Sometimes I wonder whether you read the forum. You bought a ticket before you looked for an immigration lawyer?

Good luck.
 
FINALLY, we've got our INTERVIEW LETTERS that for April 18th from DC office. I got the interview letter from the Representative office that I asked them for USCIS. The USCIS directly sent the IL to them and they forwarded to me.
DV PERM: I think you should also receive it very soon and you should be the same day as I understood.
 
Yes, bought the ticket before look for a lawyer! that was my mistake. I have spent extra now just to change my itinerary.

Hexa said:
That's good. Sometimes I wonder whether you read the forum. You bought a ticket before you looked for an immigration lawyer?

Good luck.
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