the most bizarre case

racersf said:
ok, we all agreed that the code was wrong. but their purely denied the application, they didn't ask to resubmit under a different code.
they denied stating that i was a permanent resident.
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I can see two possibilities. One is they approved your adjustment application but somehow your approval notice has failed to reach you. But that is a bit dubious as they should have sent you an email too. The second possibility is what JW talked about above. Since you are coded as permanently work authorized the officer who reviewed your I-765 jumped to the wrong conclusion by looking at your computer file.

But to repeat JW's question, why do you even renew the EAD anyway?
 
thankful,
there was no particular reason for renewing my EAD. i just wanted to do it.
whatever the problem is, this letter gives me some sort of a tool in dealing with CIS.
of course i do understand that most likely my I-485 is not approved.
but i hope that by presenting this document to them the least i can do is try to expedite my adjustment application.
it's been frustrating 9 years for me in dealing with CIS, so why not try to get it resolved now?
 
Looking at your ND date, it's not that unrealistic to assume that your I-485 is approved. What is strange though is that you did not get any RFI / RFE / biometrics request, if that is the case.

So, I agree, let's stop speculating and wait for your response after visit to ins office.

L.
 
you see, getting the EAD is not that important to me.
but using the letter to somehow influence them on processing my I-485 could be not a bad idea after all. I am not sure but it's worth trying what do i have to lose since my status is long overdue?
 
thankful said:
The regulations says that (c)(0)(9) is for adjustment applicants under part 245. Asylee adjustment has nothing to do with part 245. Asylee and refugee adjustment is under part 209 of the immigration regulations.

Also the preamble to the (c) categories also indicates that an adjustment apppicant has no inherent right to work in the United States ("An alien within a class of aliens described in this section must apply for work authorization. If authorized, such an alien may accept employment subject to any restrictions stated in the regulations or cited on the employment authorization document. [emphasis added). In other words, it is a discretionary benefit.

In contrast, asylees are authorized to work as a matter of law due to their asylum status. They do not apply for authorization to work. They merely request evidence of their work authorization. (Pursuant to the statutory or regulatory reference cited, the following classes of aliens are authorized to be employed in the United States without restrictions as to location or type of employment as a condition of their admission or subsequent change to one of the indicated classes....(5)An alien granted asylum under section 208 of the Act for the period of time in that status, as evidenced by an employment authorization document, issued by BCIS to the alien. An expiration date on the employment authorization document issued by BCIS reflects only that the document must be renewed, and not that the bearer's work authorization has expired. 8 CFR 274(a).12(a)).

To summarize, the (c)(9) code pertains to adjustment applications filed under section 245 whereas asylum/refugee applications are filed pursuant to section 209. Asylees do not apply for employment authorization (as people under category c must). They are only applying for evidence of work of authorization as if they choose, under the (a)(5) category.
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Hi everyone.
I believe is not the problem of code because he used (c)(9) instead (a)(5) the BCIS will correct it.
In May 10,2005 I had filed I 765 online. The code I had made selection was (c)(9) and when I received my original receipt it was (c)(9) and June 29,2005 I had received my original card and BCIS changed the code to (a)(5).
 
Exactly

douls said:
Hi everyone.
I believe is not the problem of code because he used (c)(9) instead (a)(5) the BCIS will correct it.
In May 10,2005 I had filed I 765 online. The code I had made selection was (c)(9) and when I received my original receipt it was (c)(9) and June 29,2005 I had received my original card and BCIS changed the code to (a)(5).
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Indeed, I used the wrong code (c) (8) not aware that my asylum case had been approved. They did correct it to (a) (5) .
Therefore, putting in the wrong code does not affect their decision
 
augustasylee said:
Indeed, I used the wrong code (c) (8) not aware that my asylum case had been approved. They did correct it to (a) (5) .
Therefore, putting in the wrong code does not affect their decision
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If you have a good officer he/she could change the code. You know it is not that hard to figure out the right code and change it on your behalf. . But if your officer is not inclined to be helpful then he can do almost whatever he wants (a poster above says that her whole application was mailed back to her).
 
an officer can probably change the code or send application back, but he can't just simply deny it without a reason after reviewing an application unless what i am dealing here is incompetence or negligence(which I doubt)
 
racersf said:
thankful,
what do you think about this?

douls,
what is "I am testing?"
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Hi racersf

This one was when the first time I had use the quick links and Edit Signature to use my information regarding my I 485 status so I had made a correction it wasn't about your question.
 
racersf said:
(c)(9) as i did in last 5 years
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As everybody said you filed Your I-765 with wrond category. From I-765, Application for Employment Authorization INSRTUCTION:
Asylee/Refugee Categories

Asylee (granted asylum)--(a)(5). File your EAD application with a copy of the INS leter, or judge's decision, granting asylum.
 
the most bizarre case, part 2

Ok, guys
i had an appointment at my local SF CIS office.
And here is what the immigration officer told:
"Your I-485 was approved on January 20th 2005, so you are a permanent resident! No wonder the've denied your EAD!"
I was stunned by this statement. I told her that I've never received anything from NSC, neither a letter nor an e-mail, and my on-line status still shows pending. She said that I shouldn't have trusted the on-line status because they don't trust it themselves. She asked to take 3 pictures and comeback right away and not to stand in line. I came back with the pictures in 15 minutes.
She asked for a passport. I didnt have one. Then I surrendered my I-94 and she took my finger prints right there and issued the new I-94 with a "temporary form I-551" stamp valid until 7/11/06 backdated to 01/20/2004.
She said that I should expect to get the actual plastic card within 3 to 6 months.
I can't express how I feel. Yes, I am happy but the CIS screw-up cost me many sleepless nights in the last six months.
So hopefully I can apply for a citizenship in 3 years and 3 months.
Is this the end of a long journey or should I expect more unpleasant surprises? :)
 
racersf said:
Ok, guys
i had an appointment at my local SF CIS office.
And here is what the immigration officer told:
"Your I-485 was approved on January 20th 2005, so you are a permanent resident! No wonder the've denied your EAD!"
I was stunned by this statement. I told her that I've never received anything from NSC, neither a letter nor an e-mail, and my on-line status still shows pending. She said that I shouldn't have trusted the on-line status because they don't trust it themselves. She asked to take 3 pictures and comeback right away and not to stand in line. I came back with the pictures in 15 minutes.
She asked for a passport. I didnt have one. Then I surrendered my I-94 and she took my finger prints right there and issued the new I-94 with a "temporary form I-551" stamp valid until 7/11/06 backdated to 01/20/2004.
She said that I should expect to get the actual plastic card within 3 to 6 months.
I can't express how I feel. Yes, I am happy but the CIS screw-up cost me many sleepless nights in the last six months.
So hopefully I can apply for a citizenship in 3 years and 3 months.
Is this the end of a long journey or should I expect more unpleasant surprises? :)
Click to expand...
Sorry to hear what you have been through, but you just had one pleasant surprise, didn't you? Congratulations!
 
racersf said:
Ok, guys
i had an appointment at my local SF CIS office.
And here is what the immigration officer told:
"Your I-485 was approved on January 20th 2005, so you are a permanent resident! No wonder the've denied your EAD!"
I was stunned by this statement. I told her that I've never received anything from NSC, neither a letter nor an e-mail, and my on-line status still shows pending. She said that I shouldn't have trusted the on-line status because they don't trust it themselves. She asked to take 3 pictures and comeback right away and not to stand in line. I came back with the pictures in 15 minutes.
She asked for a passport. I didnt have one. Then I surrendered my I-94 and she took my finger prints right there and issued the new I-94 with a "temporary form I-551" stamp valid until 7/11/06 backdated to 01/20/2004.
She said that I should expect to get the actual plastic card within 3 to 6 months.
I can't express how I feel. Yes, I am happy but the CIS screw-up cost me many sleepless nights in the last six months.
So hopefully I can apply for a citizenship in 3 years and 3 months.
Is this the end of a long journey or should I expect more unpleasant surprises? :)
Click to expand...

Racersf,

Yep yip yippie. Hey racersf! May I pinch you on your BUTT? :D :D :D Congratulations, smile at yourself while you get some sleep.

Best Regards,
MK
 
congratulations!!!!! It is weird that you received neither the official approval notice in the mail nor the email coutesy notification. But who cares.

Congratulations again.
 
al_world

I need a real advice.

I applied for asylum but did not pass through interview yet. I was illegal in US for about 8 months before applying for I-589. Can I travel outside US (to Mexico) having advance parole if I'll get one before interview. How safe it will be :( Will I have any chance to be admitted back???
 
Al_world said:
I need a real advice.

I applied for asylum but did not pass through interview yet. I was illegal in US for about 8 months before applying for I-589. Can I travel outside US (to Mexico) having advance parole if I'll get one before interview. How safe it will be :( Will I have any chance to be admitted back???
Click to expand...


YOU MAY NOT EVEN GET THE ADVANECED PAROLE EASILY
BUT IF YOU ARE LUCKY TO HAVE ONE, THERE IS NO RISK IN USING IT TO A THIRD COUNTRY
 
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