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-   -   DACA to AOS (http://dreamact.info/forum/showthread.php?t=73968)

ap1231 07-21-2016 09:07 AM

DACA to AOS
 
Hello fellow dreamers

Creating this topic as I could not find anything related in the Lounge.

My AOS application (married to USC) was submitted on June 20, and I have completed my biometrics for it yesterday. I also asked my lawyer approximately how long does it take to receive the EAD; he said approx 60 days after the bio (unless they dont send another one since I have one now from DACA) --these are his words.

Another thing, I had submitted my DACA renewal packet end of May, and so far, I have only received the Notice of Action notices (via email, not in the mail). For my last renewal, I had received the biometrics within a month, and right now, it has been more than a month since I submitted the app for DACA renewal, and no biometrics appointment letter has been received.

So my question is: will USCIS still issue me a new work permit even though I still have one? (from DACA) My current one expires mid-Sept 2016, and I have already received an email from HR to send them a copy of the new card as soon as possible.

Any help would be appreciated.

Thank you

Osito 07-21-2016 11:32 AM

Re: DACA to AOS
 
yes you will get a new one for your AOS. It should also come with AP if your lawyer knows what they're doing but it doesn't sound like they do so who knows.

ejhrj 07-21-2016 12:07 PM

Re: DACA to AOS
 
Quote:

Originally Posted by ap1231 (Post 571702)
Hello fellow dreamers

Creating this topic as I could not find anything related in the Lounge.

My AOS application (married to USC) was submitted on June 20, and have completed my biometrics for it yesterday. I also asked my lawyer approximately how long does it take to receive the EAD; he said approx 60 days after the bio (unless they dont send another one since I have one now from DACA) --these are his words.

Another thing, I had submitted my DACA renewal packet end of May, and so far, I have only received the Notice of Action notices (via email, not in the mail). For my last renewal, I had received the biometrics within a month, and right now, it has been more than a month since I submitted the app for DACA renewal, and no biometrics appointment letter has been received.

So my question is: will USCIS still issue me a new work permit even though I still have one? (from DACA) My current one expires mid-Sept 2016, and I have already received an email from HR to send them a copy of the new card as soon as possible.

Any help would be appreciated.

Thank you

I got a new EAD, then got an AP document & then my Green Card. The EAD & AP came separate.

Good luck! :)

IndianDreamer 07-21-2016 12:14 PM

Re: DACA to AOS
 
My Case is pretty much the same as yours. My AoS application should be getting submitted by end of next week. I have my second appointment with the lawyer tomorrow. According to my lawyer you should only get one biometrics appointment which will be used for your AoS as well as your work permit while your AoS application is in process.

I submitted my DACA renewal on June 30 and received Notice of Action in mail but no biometrics yet.

I had also asked my lawyer whether I will receive a second work permit through AoS even though I have one through DACA and according to him since they're both for separate cases I will receive a second work permit which is valid for one year. I will be getting AP along with work permit through AoS.


Quote:

Originally Posted by ap1231 (Post 571702)
Hello fellow dreamers

Creating this topic as I could not find anything related in the Lounge.

My AOS application (married to USC) was submitted on June 20, and have completed my biometrics for it yesterday. I also asked my lawyer approximately how long does it take to receive the EAD; he said approx 60 days after the bio (unless they dont send another one since I have one now from DACA) --these are his words.

Another thing, I had submitted my DACA renewal packet end of May, and so far, I have only received the Notice of Action notices (via email, not in the mail). For my last renewal, I had received the biometrics within a month, and right now, it has been more than a month since I submitted the app for DACA renewal, and no biometrics appointment letter has been received.

So my question is: will USCIS still issue me a new work permit even though I still have one? (from DACA) My current one expires mid-Sept 2016, and I have already received an email from HR to send them a copy of the new card as soon as possible.

Any help would be appreciated.

Thank you


Malign0n 07-21-2016 01:29 PM

Re: DACA to AOS
 
If your lawyer sent the application for a new EAD then you will get a new EAD that is good for a year.

ap1231 07-21-2016 01:30 PM

Re: DACA to AOS
 
Quote:

Originally Posted by ejhrj (Post 571707)
I got a new EAD, then got an AP document & then my Green Card. The EAD & AP came separate.

Good luck! :)

Thanks :)

How long did it take for you to receive the EAD after doing your biometrics? And how long till interview?

ap1231 07-21-2016 01:34 PM

Re: DACA to AOS
 
Quote:

Originally Posted by IndianDreamer (Post 571708)
My Case is pretty much the same as yours. My AoS application should be getting submitted by end of next week. I have my second appointment with the lawyer tomorrow. According to my lawyer you should only get one biometrics appointment which will be used for your AoS as well as your work permit while your AoS application is in process.

I submitted my DACA renewal on June 30 and received Notice of Action in mail but no biometrics yet.

I had also asked my lawyer whether I will receive a second work permit through AoS even though I have one through DACA and according to him since they're both for separate cases I will receive a second work permit which is valid for one year. I will be getting AP along with work permit through AoS.

Gotcha, okay so it looks like we will be receiving an EAD from the AOS application. My lawyer said that we didnt apply for AP since I had unlawful presence before DACA (I am a visa overstay), but I was not planning on travelling until I get my greencard anyway, so thats not an issue.

Thank you for your help :)

ap1231 07-21-2016 01:35 PM

Re: DACA to AOS
 
Quote:

Originally Posted by Malign0n (Post 571712)
If your lawyer sent the application for a new EAD then you will get a new EAD that is good for a year.

Yeah, just waiting for the EAD approval now...hopefully it gets approved soon.

Thanks

Pianoswithoutfaith 07-21-2016 02:15 PM

Re: DACA to AOS
 
Glad to hear another success story adjusting status! 2Face and Chyno are dying inside knowing fellow users here are moving up the ladder of adjusting because Trump isnt stopping them fast enough

ap1231 07-21-2016 04:42 PM

Re: DACA to AOS
 
Quote:

Originally Posted by Pianoswithoutfaith (Post 571716)
Glad to hear another success story adjusting status! 2Face and Chyno are dying inside knowing fellow users here are moving up the ladder of adjusting because Trump isnt stopping them fast enough

Its okay. I wont forget my fellow dreamers though. I have already convinced my citizen family and friends to vote democrat. The journey doesnt end until all of us become citizens :)

Supportthedream2012 07-25-2016 02:03 PM

Re: DACA to AOS
 
Quote:

Originally Posted by ap1231 (Post 571702)
Hello fellow dreamers

Creating this topic as I could not find anything related in the Lounge.

My AOS application (married to USC) was submitted on June 20, and I have completed my biometrics for it yesterday. I also asked my lawyer approximately how long does it take to receive the EAD; he said approx 60 days after the bio (unless they dont send another one since I have one now from DACA) --these are his words.

Another thing, I had submitted my DACA renewal packet end of May, and so far, I have only received the Notice of Action notices (via email, not in the mail). For my last renewal, I had received the biometrics within a month, and right now, it has been more than a month since I submitted the app for DACA renewal, and no biometrics appointment letter has been received.

So my question is: will USCIS still issue me a new work permit even though I still have one? (from DACA) My current one expires mid-Sept 2016, and I have already received an email from HR to send them a copy of the new card as soon as possible.

Any help would be appreciated.

Thank you

Congratz! I am working on my AOS packet now and hoping you could help me on a question. When sending the 1044 Tax Returns, did you send every single page? My previous year forms have like 100 pages each, wondering if I should attach the entire document or not.

ejhrj 07-25-2016 07:27 PM

Re: DACA to AOS
 
Quote:

Originally Posted by ap1231 (Post 571713)
Thanks :)

How long did it take for you to receive the EAD after doing your biometrics? And how long till interview?

If I remember correctly, EAD came about 6 weeks after biometrics & my interview appointment about a month later. I was very lucky & my case was processed fairly quickly. Submitted AOS application Feb 17th, received appointment notice early May & interviewed June 6th. :)

Chyno 07-25-2016 08:33 PM

Re: DACA to AOS
 
Quote:

Originally Posted by Pianoswithoutfaith (Post 571716)
Glad to hear another success story adjusting status! 2Face and Chyno are dying inside knowing fellow users here are moving up the ladder of adjusting because Trump isnt stopping them fast enough

Could you please stop spreading lies?

None of us are wishing this upon anyone.

Please provide proof.

ap1231 07-25-2016 08:49 PM

Re: DACA to AOS
 
Quote:

Originally Posted by Supportthedream2012 (Post 572032)
Congratz! I am working on my AOS packet now and hoping you could help me on a question. When sending the 1044 Tax Returns, did you send every single page? My previous year forms have like 100 pages each, wondering if I should attach the entire document or not.

Thanks

My husband and I both had about 30-40 pages each, but yeah, it was a big packet in itself. We only had to give our 2015 tax returns.

ap1231 07-25-2016 08:51 PM

Re: DACA to AOS
 
Quote:

Originally Posted by ejhrj (Post 572051)
If I remember correctly, EAD came about 6 weeks after biometrics & my interview appointment about a month later. I was very lucky & my case was processed fairly quickly. Submitted AOS application Feb 17th, received appointment notice early May & interviewed June 6th. :)

Gotcha. So approx 4-5 months from start to finish, which is a little faster than average. Lucky you :)

Thanks

Micky7 07-25-2016 09:03 PM

Re: DACA to AOS
 
How much do people pay their lawyers on average for an adjustment of status? Someone offered to do it for $600 and I have nothing to compare it to. TIA

Venus 07-25-2016 10:05 PM

Re: DACA to AOS
 
Hello everyone I am about to send off my AOS application this week. Me and my husband are super excited! Does anyone know if with 245(I) or known as "I-485A" form if I should include a explanation letter of my eligiblity as a "grandfathered derivate beneficiary alien"? I am including a copy of my mothers old I-130 which was approved on April 2 2001 that my grandfather that filed it for her who was a U.S. Citizen at the time (he has passed on) and my birth certificate showing my mothers name for "child and mother relationship" existed and also including prove of my presence before and after December 20 2000.

ap1231 07-26-2016 08:57 AM

Re: DACA to AOS
 
Quote:

Originally Posted by Micky7 (Post 572079)
How much do people pay their lawyers on average for an adjustment of status? Someone offered to do it for $600 and I have nothing to compare it to. TIA

$2000. It's a lot, but I'd rather a lawyer do it than me (they're more qualified). Applying for DACA isn't that difficult to do on our own, but I didn't want to risk anything for the AOS application.

ejhrj 07-26-2016 12:55 PM

Re: DACA to AOS
 
Quote:

Originally Posted by Micky7 (Post 572079)
How much do people pay their lawyers on average for an adjustment of status? Someone offered to do it for $600 and I have nothing to compare it to. TIA

We paid about $4000 for the I130, AP application & AOS.

Lateralus 07-27-2016 12:15 PM

Re: DACA to AOS
 
Hey guys I'm in the same boat. I applied for daca and my lawyers are about to send my AOS application. They recommend not applying for a work permit since I have one pending for my daca renewal. I'm not sure what to do. They said it would delay my application since I have two work permit applications and I should try to keep things as less complicated as possible. But with the delay we're experiencing with renewals, I'm wondering if this is a good move. Any advice from people who've been through this would be greatly appreciated.

Dream becomes Reality 07-27-2016 01:31 PM

Re: DACA to AOS
 
Quote:

Originally Posted by Lateralus (Post 572231)
Hey guys I'm in the same boat. I applied for daca and my lawyers are about to send my AOS application. They recommend not applying for a work permit since I have one pending for my daca renewal. I'm not sure what to do. They said it would delay my application since I have two work permit applications and I should try to keep things as less complicated as possible. But with the delay we're experiencing with renewals, I'm wondering if this is a good move. Any advice from people who've been through this would be greatly appreciated.

When. I applied for my AOS last October I didn't bother applying for a work permit because my DACA work permit was scheduled to expire in September 2016 so I had about a year. However, I would definitely apply for a work permit under the AOS category in your case because (a) you do not have to pay extra money for it, (b) if it is pending past a certain amount of time you can be granted an interim one that will allow you to continue working while your AOS is pending and (c) the Biometrics for your AOS will also cover an EAD petition as well. I think it is worth applying for, why not? Best wishes!

ap1231 07-27-2016 02:12 PM

Re: DACA to AOS
 
Quote:

Originally Posted by Lateralus (Post 572231)
Hey guys I'm in the same boat. I applied for daca and my lawyers are about to send my AOS application. They recommend not applying for a work permit since I have one pending for my daca renewal. I'm not sure what to do. They said it would delay my application since I have two work permit applications and I should try to keep things as less complicated as possible. But with the delay we're experiencing with renewals, I'm wondering if this is a good move. Any advice from people who've been through this would be greatly appreciated.

We did apply for EAD since my EAD from DACA is expiring this Sept (I'm actually freaking out since I most likely will get getting the new card close to the expire date of the current one). So yeah, I would def. apply for EAD with the AOS as it seems to be moving faster than EAD renewals from DACA.

ap1231 07-27-2016 02:17 PM

Re: DACA to AOS
 
Quote:

Originally Posted by Dream becomes Reality (Post 572241)
When. I applied for my AOS last October I didn't bother applying for a work permit because my DACA work permit was scheduled to expire in September 2016 so I had about a year. However, I would definitely apply for a work permit under the AOS category in your case because (a) you do not have to pay extra money for it, (b) if it is pending past a certain amount of time you can be granted an interim one that will allow you to continue working while your AOS is pending and (c) the Biometrics for your AOS will also cover an EAD petition as well. I think it is worth applying for, why not? Best wishes!

Just curious: what is the process to get the interim EAD from a pending AOS application? Just wanting to know if there is a process if it comes to that.

Dream becomes Reality 07-27-2016 03:02 PM

Re: DACA to AOS
 
Quote:

Originally Posted by ap1231 (Post 572248)
Just curious: what is the process to get the interim EAD from a pending AOS application? Just wanting to know if there is a process if it comes to that.

The I-765 instructions state that " If you have not received a decision within 90 days of receipt by USCIS of a properly filed EAD application or within 30 days of a properly filed initial EAD application based on an Asylum application filed on or after January 4, 1995, you may request interim work authorization by calling the USCIS National Customer Service Center at 1-800-375-5283 or by appearing in person at your local USCIS Field Office by making an InfoPass appointment. For TDD (hearing impaired) call: 1-800-767-1833. For further processing at a USCIS Field Office, you must bring proof of identity and any notices that you have received from USCIS in connection with your application for Employment Authorization. The Interim EAD provisions apply to individuals filing form I-765 based on Consideration of Deferred Action for Childhood Arrivals only after a determination on deferred action is reached." (Link to source: https://www.uscis.gov/sites/default/...i-765instr.pdf).

Lateralus 07-27-2016 03:09 PM

Re: DACA to AOS
 
Thanks for the information. My lawyer also said that I can apply for a work permit separately. So, I don't have to send it in with my AOS application.

Dream becomes Reality 07-27-2016 03:45 PM

Re: DACA to AOS
 
Quote:

Originally Posted by Lateralus (Post 572252)
Thanks for the information. My lawyer also said that I can apply for a work permit separately. So, I don't have to send it in with my AOS application.

Don't listen to that lawyer, send it in with your forms now. At least let it start processing. It will be a completely new application under a new category c(9) (not a renewal like the DACA EAD which falls under c(33)). You can have both going at the same time, I don't see why one would affect the other.

Demise 07-27-2016 04:38 PM

Re: DACA to AOS
 
You can apply for an EAD while your I-485 is pending but there's no reason to not file it together with I-485. Nothing stops you from having two EADs for two different reasons.

ap1231 07-27-2016 05:13 PM

Re: DACA to AOS
 
Quote:

Originally Posted by Dream becomes Reality (Post 572256)
Don't listen to that lawyer, send it in with your forms now. At least let it start processing. It will be a completely new application under a new category c(9) (not a renewal like the DACA EAD which falls under c(33)). You can have both going at the same time, I don't see why one would affect the other.

I agree. With all the delays happening at USCIS, best thing would be to send it with the AOS application.

ap1231 07-27-2016 05:25 PM

Re: DACA to AOS
 
Quote:

Originally Posted by Dream becomes Reality (Post 572251)
The I-765 instructions state that " If you have not received a decision within 90 days of receipt by USCIS of a properly filed EAD application or within 30 days of a properly filed initial EAD application based on an Asylum application filed on or after January 4, 1995, you may request interim work authorization by calling the USCIS National Customer Service Center at 1-800-375-5283 or by appearing in person at your local USCIS Field Office by making an InfoPass appointment. For TDD (hearing impaired) call: 1-800-767-1833. For further processing at a USCIS Field Office, you must bring proof of identity and any notices that you have received from USCIS in connection with your application for Employment Authorization. The Interim EAD provisions apply to individuals filing form I-765 based on Consideration of Deferred Action for Childhood Arrivals only after a determination on deferred action is reached." (Link to source: https://www.uscis.gov/sites/default/...i-765instr.pdf).

Thanks :)

Lateralus 07-27-2016 05:25 PM

Re: DACA to AOS
 
Thanks for the suggestions. I'll talk again with my lawyer.

Venus 07-27-2016 05:32 PM

Re: DACA to AOS
 
Quote:

Originally Posted by ap1231 (Post 572261)
I agree. With all the delays happening at USCIS, best thing would be to send it with the AOS application.

Yeah I would send the i-765 because you'll be under a new category (C)(9) which means when you go to the DMV you can get a ID or drivers license that has a longer vaild time unlike DACA EAD (C)(33) category where it expires the time your EAD expires. Also you can go to the SSN office and get a new card but same number and youll get a card without any printed restrictions on the card. Like with DACA you get a SSC with it printed (Only vaild for work authorization threw DHS). Today i have sent my Green card packet and am excited to finally get this over with and move on with my life.

MrsK 07-27-2016 06:12 PM

Re: DACA to AOS
 
For those of you who already received ur green card, how long after biometrics did you receive your permanent resident card? I have my biometrics appointment next Friday.

Dream becomes Reality 07-27-2016 06:44 PM

Re: DACA to AOS
 
Quote:

Originally Posted by Lateralus (Post 572266)
Thanks for the suggestions. I'll talk again with my lawyer.

Goodluck, it will all work out.
Quote:

Originally Posted by Venus (Post 572267)
Yeah I would send the i-765 because you'll be under a new category (C)(9) which means when you go to the DMV you can get a ID or drivers license that has a longer vaild time unlike DACA EAD (C)(33) category where it expires the time your EAD expires. Also you can go to the SSN office and get a new card but same number and youll get a card without any printed restrictions on the card. Like with DACA you get a SSC with it printed (Only vaild for work authorization threw DHS). Today i have sent my Green card packet and am excited to finally get this over with and move on with my life.

Wishing you goodluck things will work out.
Quote:

Originally Posted by MrsK (Post 572270)
For those of you who already received ur green card, how long after biometrics did you receive your permanent resident card? I have my biometrics appointment next Friday.

5 months.

MrsK 07-27-2016 08:19 PM

Re: DACA to AOS
 
Quote:

Originally Posted by Dream becomes Reality (Post 572273)
Goodluck, it will all work out.

Wishing you goodluck things will work out.

5 months.

Thank you!

Dream becomes Reality 07-28-2016 02:53 AM

Re: DACA to AOS
 
Quote:

Originally Posted by MrsK (Post 572281)
Thank you!

Yours may be faster, I'm in Boston so we had a slight backlog in the field office. Goodluck! I'm sure everything will work out.

MrsK 07-28-2016 09:24 AM

Re: DACA to AOS
 
Quote:

Originally Posted by Dream becomes Reality (Post 572305)
Yours may be faster, I'm in Boston so we had a slight backlog in the field office. Goodluck! I'm sure everything will work out.

Thank you! Did you apply for the conditional 2 years or permanant one? Since we have been married for over 5 years now, my lawyer said we could apply for the 10 years card.

Osito 07-28-2016 01:02 PM

Re: DACA to AOS
 
you don't apply for any in particular. if you've been married less than two years when they approve your GC, then you get conditional card. If you've been married for more than two years then you get regular GC.

Lateralus 07-28-2016 01:08 PM

Re: DACA to AOS
 
So we've decided to apply for the work permit with my AOS. I'll have two work permits pending. Hopefully I'll get at least one on time.

MrsK 07-28-2016 01:12 PM

Re: DACA to AOS
 
Quote:

Originally Posted by Osito (Post 572333)
you don't apply for any in particular. if you've been married less than two years when they approve your GC, then you get conditional card. If you've been married for more than two years then you get regular GC.

That's what I meant...

Venus 07-28-2016 01:16 PM

Re: DACA to AOS
 
Quote:

Originally Posted by MrsK (Post 572336)
That's what I meant...

I know for sure that I'm going to get the 2yr condtional green card because I've only been married for 9 months but we've been together for 3 years. Waiting for text notification saying they received my AOS packet. :smile:


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