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Results 1 to 7 of 7

Thread: EAD Issuance Time

  1. #1
    I was wondering, if anyone had an experience of the issuance of EAD from the date of filing. It normally takes 90 days (by rule), but I have came across people who experienced getting EAD less than 90 days, in many cases in 60 days. This is probably due to family-based AOS, where applications are processed at National Benefits Center in Missouri... some immigration attornies suggested that could be the case that they are being processed faster.

    Any ideas?

  2. #2
    I was wondering, if anyone had an experience of the issuance of EAD from the date of filing. It normally takes 90 days (by rule), but I have came across people who experienced getting EAD less than 90 days, in many cases in 60 days. This is probably due to family-based AOS, where applications are processed at National Benefits Center in Missouri... some immigration attornies suggested that could be the case that they are being processed faster.

    Any ideas?

  3. #3
    My advice is, hope for the best but expect the worst. Plenty of times the INS fails to meet the 90 day deadline, if it happens to you, go for iEAD on your 91st day before they issue an RFE.

  4. #4
    Mo,

    NBC was (key word was) making this process faster but as they have taken on "up-front" processing for most of the country now they have gotten much slower and are sending EAD applications to the local office by the droves for them to process. My advice to you if you don't receive your EAD is to go online 2 weeks before the 91st day and make an INFOPASS appointment for EAD. If your EAD comes in time you can cancel the appointment (thereby freeing up the slot for someone else) and if it doesn't you have an appointment after the 90th day to go to the local office. Be sure not to make the INFOPASS appointment for the 89th day as you will be turned away.

  5. #5
    BrozeLady!!... been busy lately?

    Thanks for the advice, as usual!

    I have been meaning to ask you a question on another thread ever since you last posted here... It's regarding "Physical Presence Condition" of LIFE act. Is the applicant required to show only a proof he/she was present in the US that 12/20/2000 day, regardless of whether they left the country afterwards or not, and then come back. I am not sure, whether the Physical Presence Condition actually requires continous presence in the US since Dec 20, 2000 (when 245i was grandfathered)... and I have never seen "continous presence is required until AOS" anywhere in the act publications. Because I was in the US that day, and then left... and then came back 6 months later without any problems... now I am trying to file AOS under LIFE act. Am I eligible?

    Thanks again

  6. #6
    Mo,

    That's one of those areas that is up for debate. The issue was not addressed at all in policy memos leaving it up to the interpretation of the local office until a higher authority (Headquarters in a policy memo, AAO or BIA) decides to address the issue.

  7. #7
    BronzeLady

    So you think If I hire a competitive lawyer, he can interpret it on my favor when AOS interview comes up? - I know it's all down to AOS officer to make the decision, I am just wondering since this can go either way - and infact, many experienced attornies told me "You should be fine", due to this unclear issue, and meeting all the requirements of the act... and left a brief period the US and came back - if I will risk my chances of getting a greencard due to immigration not being able to make it clear for people in my situation.

    Besides, this will be all down to AOS interview to determine eligibility for this act right?

    Thanks for your time.

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