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Outside of Processing Time - Don't know what to do - help!

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  • Outside of Processing Time - Don't know what to do - help!

    Hello,

    I have a question, and after calling USCIS yesterday, I am even more confused. We filed for AOS after my husband and I married in April of 2005. We received NOA in June of 2005 and shortly thereafter, a request for more evidence (a signature was needed on a medical form). We submitted the corrected form, and on August 5, 2005 we received another NOA stating:

    On August 5, 2005, we received your response to our request for evidence or information. It is taking between 120 and 180 days for us to process this kind of case. However because preliminary processing was complete, the remaining processing time will be less than the maximum stated in this message. You will receive a written decision on this case.

    Yesterday that time lapsed so I called USCIS. I spoke to a woman that said that we should do an inquiry. However, because my husband wasn't on the phone with me, I was unable to actually submit the request. I called back and spoke to another woman 2 hours later with my husband on the phone. She told me that we could not do an inquiry because this was a computer generated message and could not be taken at face value. As our EAD is expiring soon, I asked each of them whether we should file for a Renewal EAD. One said no, because we would be processed before May (when it expires) - the other said yes. We were told that our office (Baltimore) was processing for December 2004 and that we would probably be processed in August.

    Has anyone received a message similar to this? What was your experience? We have made an InfoPass Appt for Monday to get more info on our case, but we are obviously very confused as we have been told various different things. We have an immigration attorney, but haven't received much guidance on what to do. Thanks in advance to anyone who has any advice!

  • #2
    Hello,

    I have a question, and after calling USCIS yesterday, I am even more confused. We filed for AOS after my husband and I married in April of 2005. We received NOA in June of 2005 and shortly thereafter, a request for more evidence (a signature was needed on a medical form). We submitted the corrected form, and on August 5, 2005 we received another NOA stating:

    On August 5, 2005, we received your response to our request for evidence or information. It is taking between 120 and 180 days for us to process this kind of case. However because preliminary processing was complete, the remaining processing time will be less than the maximum stated in this message. You will receive a written decision on this case.

    Yesterday that time lapsed so I called USCIS. I spoke to a woman that said that we should do an inquiry. However, because my husband wasn't on the phone with me, I was unable to actually submit the request. I called back and spoke to another woman 2 hours later with my husband on the phone. She told me that we could not do an inquiry because this was a computer generated message and could not be taken at face value. As our EAD is expiring soon, I asked each of them whether we should file for a Renewal EAD. One said no, because we would be processed before May (when it expires) - the other said yes. We were told that our office (Baltimore) was processing for December 2004 and that we would probably be processed in August.

    Has anyone received a message similar to this? What was your experience? We have made an InfoPass Appt for Monday to get more info on our case, but we are obviously very confused as we have been told various different things. We have an immigration attorney, but haven't received much guidance on what to do. Thanks in advance to anyone who has any advice!

    Comment


    • #3
      well, they were both partially right..

      the message is generated upon receipt of requested evidence...and yes, if it is an "application" the applicant MUST give us approval to speak with someone UNLESS they are a minor or have a G28 on file.

      Now then, when an application is outside of the 30 day processing window listed for that location AND it has been 60 days since the last "action" has taken place (fingerprints, receipt of evidence, any appointment, etc) we can then complete a service referral to that location to let them know that they need to revisit the application and come to a determination.

      As for the EAD, due to the fact that there is no way of knowing WHEN you will actually RECEIVE the green card, I would definitly recommend filing the 765 90 days prior to the expiration date of your EAD...would also recommend e-filing to eliminate any chance of the application getting to the wrong location and having to wait for it to be forwarded

      Comment


      • #4
        of knowing WHEN you will actually RECEIVE the green card, I would definitly recommend filing the 765 90 days prior to the expiration date of your EAD...would also recommend e-filing to eliminate any chance of the application getting to the wrong location and having to wait for it to be forwarded
        Thanks for the help. We are going to e-file for a renewal EAD on Monday - more than 90 days before his current EAD expires.

        Comment


        • #5
          Are you working with an immigration attorney? Gosh, maybe it's me, but with two distinctly different responses from the 800 line, I'd be asking your lawyer to find out what's what.
          The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

          Comment


          • #6
            yeah, good idea sap!

            That way she can pay to have completly different response

            Comment

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