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I-766. I-765. I-485. Does USCIS still issue interim EAD?
Anonymous3 views4 answers
Hi!
My family based AOS is pending more than a year. Lately I have recieved RFE requesting new evidence of bona fide marriage. I filed new documents they need. My I-766 is expiring in August. Earlier I filed new I-765 for extension. Being hoping for the best but preparing for the worst I am trying to figure out what may happen next. If they fail to issue my new EAD within 90 days will they issue interim card for me? Do they still do it? Even though USCIS "how-to-fill-I-765" instructions say you will be issued interim card (page 10) many of internet users on different forums say about their own experience on INFOPASS when they were denied to get interim card since USCIS doesn't issue them anymore. Also what are the chances of expediting my case not to grant my new EAD?
Giacomo Jacques BeharImmigration AttorneySan Diego, CACA licensed ·
The CIS district office in 300 N.Los Angeles Street will only agree to issue an "interim" EAD if there was a (gross) "Service Error" on the part of CIS in which resulted either in an abnormal delay or loss of your application. Otherwise not. There is no way CIS will agree to expedite a pending EAD application. 90 days, if filed correctly, is what it takes to reissue.
The interim EAD is rarely issued now days.
Either:
1. They issue a 'real' EAD
or
2. They find a reason for not having to follow the 90 day rule ... for example, if you don't submit all the documents they require in their RFE.
It seems as if you need to consult with an immigration attorney with experience in your area. There is a lot of information available on the internet but you need someone with experience and skill to ask the right questions.
