EAD Request for I-94

A

aniny9999

Registered Users (C)
My application to adjust to permanent residence under the HRIFA act was denied in May 2001. Because I arrived in the US by boat, and was undocumented before 1995 (I came in 1993), I did not have a State document to prove that I was present. It was supposed to go before the Immigation Judge. I have utility bills that show that I was here from before 1995, as well as some tax information. I was told that the IJ is more lenient. To date my case has not been filed, but is sitting on the "7th floor of INS" as described by an INS officer when I went to check on the status in person. I went to see a lawyer, who used to be an immigration judge. He contacted the INS and was also told the same thing. This was last year October. I am still waiting. For the past 4 years, I have received an EAD card. I applied for this card 3 months ago. I am now being requested for proof of entry into the US, either with an I-94 document or with a passport that shows entry. I was not asked for this previously because. I have neither of these, the reason why my application was denied in the first place. Now my EAD is expired, my driver's license is expired and I am frankly stuck in a catch-22 limbo. I am going to contact a lawyer on Tuesday on this but wanted to see if there is some sort of solution to this. I work full-time and need to drive to work.

I am also not sure if I was supposed to file something for an appearance before the judge. There were no instructions and I have visted the local INS office several times to check on the status ans was never told that I had to, even when the question was asked. Please help.
 
be calme homie

ok all I can tell you is this .first of all ,you didn't kille no body. number tow you are not the first immigrant refugee or asylee to be in this situasion if you know that since you have been in us never cometd any crime do not give up there still a chance for you to be came a G.C holder . what you realy need to do right now is to put all you money in the table and find your self a very very very high profile immigration lawyer who knows how the ins systeme work on this kind cases and he previously handle cases like yours so be calme and get busy for your D.L where a live is not a big deal to renew your drive license just take the expired one with the right fee pass a little vision test and you got it because you already had it before .I realy not know how your state dmv work. just find you a good lawyer with a lot of personality to the ins you will be surprised with the reasulte .you see is all about money also kee your fate in GOD homie and remember you didn't kill no body so good luck and GOD bless. :)
 
Thank you so much! I really needed to hear words of encouragement. I never knew about this site and came a cross this last night in my panic attack. I found out alot of information.

From tips from the site, I plan to do the following on Tuesday:

-I made a 1:00 pm appointment with the local INS office to get an interim EAD card. I have until November 22nd to respond to the notice.

-As soon as I get this, I am going to a driver's license office to renew it. They only renew to the expiration date of the EAD, which I have had to renew yearly. In Florida, you have to bring proof of legal status here. Is it different for other states?

-I am going to make an appointment to see a lawyer this week. Does anyone know of a good one in Miami?

Thank you again for your words of encouragement. I believe in God and he has brought me this far by faith and works--I am not going to give. Sometimes it is just nerve wrecking dealing with this situation.
 
aniny9999 said:
Thank you so much! I really needed to hear words of encouragement. I never knew about this site and came a cross this last night in my panic attack. I found out alot of information.

From tips from the site, I plan to do the following on Tuesday:

-I made a 1:00 pm appointment with the local INS office to get an interim EAD card. I have until November 22nd to respond to the notice.

-As soon as I get this, I am going to a driver's license office to renew it. They only renew to the expiration date of the EAD, which I have had to renew yearly. In Florida, you have to bring proof of legal status here. Is it different for other states?

-I am going to make an appointment to see a lawyer this week. Does anyone know of a good one in Miami?

Thank you again for your words of encouragement. I believe in God and he has brought me this far by faith and works--I am not going to give. Sometimes it is just nerve wrecking dealing with this situation.
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You do not have an attorney????? It is imperative in such a hard case like yours that people have competent legal representation. It is foolhardy to navigate the immigration system on your own.

In response to your question, a number of states have licensing requirements similar to Florida's and a few do not. However eventually all states will have very strict standards because Congress passed a law back in the spring mandating nationwise requirements.
 
Aniny9999,

I'm surprise that your AOS application was denied in 2001 and you have not done anything yet. HRIFA was deseiged to address Hatian Migrants who arrived to the U.S.A.

Following is the link to Q&A related to HRIFA final Regulation. http://uscis.gov/graphics/publicaffairs/questsans/HRIFAQ_A.htm

Your posting raises some interesting questions!

1: When you were granted asylum, did you get a I-94?

2: Did you get a two pager letter stating that you were granted asylum?

Your posting does not provide adequate information about your your status since 1993-2005, which makes it very complex. You need to hire a competent Immigration Attorney without wasting precious time.

It's my understanding that none of the forum members including myself are attorneys', all you will get from us is a reference to a section of law but not a full picture. I'd reitereate that you hire a Attorney ASAP.

Wishing you the very best.
MK
 
My understanding is that he was NOT granted asylum in the United States. Otherwise he could apply for his green card under the asylum process and who cares about HRIFA. Under HRIFA a person who meets other requirements only need to have apply for asylum, not approved for asylum.



mkhursh said:
Aniny9999,

I'm surprise that your AOS application was denied in 2001 and you have not done anything yet. HRIFA was deseiged to address Hatian Migrants who arrived to the U.S.A.

Following is the link to Q&A related to HRIFA final Regulation. http://uscis.gov/graphics/publicaffairs/questsans/HRIFAQ_A.htm

Your posting raises some interesting questions!

1: When you were granted asylum, did you get a I-94?

2: Did you get a two pager letter stating that you were granted asylum?

Your posting does not provide adequate information about your your status since 1993-2005, which makes it very complex. You need to hire a competent Immigration Attorney without wasting precious time.

It's my understanding that none of the forum members including myself are attorneys', all you will get from us is a reference to a section of law but not a full picture. I'd reitereate that you hire a Attorney ASAP.

Wishing you the very best.
MK
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hampton8844 said:
My understanding is that he was NOT granted asylum in the United States. Otherwise he could apply for his green card under the asylum process and who cares about HRIFA. Under HRIFA a person who meets other requirements only need to have apply for asylum, not approved for asylum.
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hampton8844,

Are we getting into a slugfest here? I was not aware of the requirement for AOS under HRIFA which offers a broad scope.

There're some underlying facts which "aniny" did not bring about. Even if we know all the facts it won't make any difference. Aniny9999 is not licenced to practice Immigration Law, let alone write a legal pettition.

I don't think there's any need for you to get worked up.

MK
 
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I am one of those who was undocumented before I applied in 2000. This is why I do not have an I-94, or passport or anything. I applied through a local Haitien attorney's office, but because I only had utility bills and a computer seminar and job references showing that I was here continuously from 1993 to 2003, and no state/federal documentation, my case was denied and was supposed to be on its way to the Immigration Courts from 2003. I thought that there was nothing I could do but wait. I was told the the immigration judges can be more lenient. Even after meeting with another attorney, this was not the impression I got. I will contact an attorney this week. Does anyone have any referrals? I would hate to waste anymore time and definitely don't want to waste any money. I live in Miami, the mecca of corruption and I do not want to get involved in that.

Thanks so much for your help
 
aniny9999 said:
I am one of those who was undocumented before I applied in 2000. This is why I do not have an I-94, or passport or anything. I applied through a local Haitien attorney's office, but because I only had utility bills and a computer seminar and job references showing that I was here continuously from 1993 to 2003, and no state/federal documentation, my case was denied and was supposed to be on its way to the Immigration Courts from 2003. I thought that there was nothing I could do but wait. I was told the the immigration judges can be more lenient. Even after meeting with another attorney, this was not the impression I got. I will contact an attorney this week. Does anyone have any referrals? I would hate to waste anymore time and definitely don't want to waste any money. I live in Miami, the mecca of corruption and I do not want to get involved in that.

Thanks so much for your help
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On what basis did you apply? I recall that HRIFA had five seperate grounds of eligibility.

Have you ever applied for asylum in the US? If you did, when?
 
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aniny9999 said:
I am one of those who was undocumented before I applied in 2000. This is why I do not have an I-94, or passport or anything. I applied through a local Haitien attorney's office, but because I only had utility bills and a computer seminar and job references showing that I was here continuously from 1993 to 2003, and no state/federal documentation, my case was denied and was supposed to be on its way to the Immigration Courts from 2003. I thought that there was nothing I could do but wait. I was told the the immigration judges can be more lenient. Even after meeting with another attorney, this was not the impression I got. I will contact an attorney this week. Does anyone have any referrals? I would hate to waste anymore time and definitely don't want to waste any money. I live in Miami, the mecca of corruption and I do not want to get involved in that.

Thanks so much for your help
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aniny9999,

I'm sure there are honest attorneys in Miami, any forum member from Miami would be able to refer you to one.

Do some search yourself as well, board ceritified with reference are the one's you should consider.

MK
 
let be be nice

I think all this new member try to hear or to know is what is the right direction for him to follow so every subjection is very important for him and he knows that he need a immigration lawyer so let's not denigrated others peoples subjections or try to be a law school profesor ,so the bottom line is let's not argue over others peoples theads specially the ones with jeapordize situation like this new member :) P.S: patience has a bitter taste but its fruit is delicia :)
 
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I am confused. :confused: :confused:

If you applied under HRIFA of 1998 then you must have filed an asylum application (I589) with the INS or the immigration court before 12/31/1995 (otherwise you would not be covered by HRIFA). So the INS must be aware of your presence in the US pre--1995 by virtue of having received asylum petition from you before that date.

What was the cagetory of your EAD card?
 
My category on the EAD card is showing A05. I was told that the case is being presented under HRIFA. Should I have just applied for asylum?

I did not apply before '95, otherwise I would have been approved since this would have been proof that I was here before Dec '1995. This is the only requirement that I could not satisfy. I wish I had known, but no time to dwell.

I will do a search here for keyword Miami and see if there are any attorneys referred.
 
aniny9999 said:
My category on the EAD card is showing A05. I was told that the case is being presented under HRIFA. Should I have just applied for asylum?

I did not apply before '95, otherwise I would have been approved since this would have been proof that I was here before Dec '1995. This is the only requirement that I could not satisfy. I wish I had known, but no time to dwell.

I will do a search here for keyword Miami and see if there are any attorneys referred.
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Wait!!!! Are you implying that you never applied for asylum (by filing an I-589 with the INS or the EOIR)? The category A05 on the EADs people GRANTED asylum. If that were the case (if you were granted asylum by an Asylum Officer, an Immigration Judge or the BIA) then how you entered the country has no bearing on your EAD issuance. And you can apply for your green card as an asylee and forget HRIFA. But from the fragmentary information you presented I doubt that you hold asylum status at this time.

And HRIFA is limited only to the following five group of people:

1) Haitian nationals who filed for asylum before December 31, 1995;



(2) Haitian nationals who were paroled into the United States prior to December 31, 1995, after having been identified as having a credible fear of persecution, or paroled for emergent reasons or reasons deemed strictly in the public interest;



(3) Haitian national children who arrived in the United States without parents and have remained without parents in the United States since such arrival;



(4) Haitian national children who became orphaned subsequent to arrival in the United States; and



(5) Haitian children who were abandoned by their parents or guardians prior to April 1, 1998, and have remained abandoned since such abandonment.

Are you sure you qualify?



You need to give out consistent information when you see an attorney. Otherwise she cannot do much for you.
 
I applied as an abandoned child since I had no parents here and I was 16 at the time I arrived.

So my chances would have been better if I applied for asylum? Is it too late to reapply for asylum? As you can tell I did not know what I could do at the time I applied, I was following the directions of The Haitien attorney group whom I thought were experienced in what to do. I hope this can be straightened out. Thankyou for taking the time to respond.
 
aniny9999 said:
I applied as an abandoned child since I had no parents here and I was 16 at the time I arrived.

So my chances would have been better if I applied for asylum? Is it too late to reapply for asylum? As you can tell I did not know what I could do at the time I applied, I was following the directions of The Haitien attorney group whom I thought were experienced in what to do. I hope this can be straightened out. Thankyou for taking the time to respond.
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You REALLY REALLY need an attorney to sort this out. What about Jeffrey N. Brauwerman? He was an immigration judge and counsel to the local INS office. He is supposed to be really good. He can be reached at (305) 758-1234.

If you want to explore pro bono representation, give Florida Immigrant Advocacy Center, 305-573-1106 x1001 a call.

Also I woud assume that area law schools (Nova, University of Miami and St. Thomas) have some kind of immigration clinics that might help you.

Good luck. Again you need legal representation and do not deal with the USCIS on your own please.
 
don't worry

ANINY9999 I' ve opend up a thread for you so guys can post some immigration lawyer in Miami so check that thread call : emergency we need a immigration lawyer in Miami florida and so far we ve got one help full respons I hope well get more respons on it P.S: Patience has a bitter taste but its fruit is delicia . good luck and God bless :)
 
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