DREAM Act Portal Forum - The 90 Day Myth

DREAM Act Portal Forum (http://dreamact.info/forum/index.php)

- The Lounge (http://dreamact.info/forum/forumdisplay.php?f=26)

- - The 90 Day Myth (http://dreamact.info/forum/showthread.php?t=34463)

There's a lot of misinformation being spread around the forums, but none like the 90 day myth.

A lot of people are under the impression that USCIS has up to 90 days to give us an answer on our application, and that if you don't hear anything by 90 days, to give USCIS a call to file a service request and they will expedite your case.

This is not true.

The reason I think this myth came to be, was that someone called USCIS wanting to know more information about their case. The USCIS representative asked that person for their Receipt Number, and that person gave the Customer Service Representative his I-765 Receipt Number, in which the USCIS employee told that person that there was a 90 day processing time for the I-765 application, but what the employee didn't know was that the I-765 was sent along with an I-821D application.

People are still calling in and giving their I-765 Receipt Numbers and are being told to wait 90 days, and if they don't hear anything by then, to give them a call back to file a service request.

You see, the problem with this is that, we didn't file an I-765 application by itself, because obviously we don't qualify for one. In order to qualify for an EAD card (I-765) we first need to be granted Deferred Action (I-821D) The I-821D form (DACA) has a processing time of 4-6 months. AFTER you have been granted DACA, is when you qualify for an I-765, therefore, that is when the 90 day processing time starts.

Simply put, why would USCIS give you an EAD before knowing if you are eligible for DACA, which has a processing time of up to 4-6 months.

http://img267.imageshack.us/img267/4748/90day.png

http://www.uscis.gov/portal/site/usc...00082ca60aRCRD

This is the types of response you will get if you file a Service Request.

Quote:

On 11/15/2012 you, or the designated representative shown below, contacted us about your case. Some of the key information given to us at that time was the following:

The status of this service request is:

You have filed Form I-821D, Consideration of Deferred Action for Childhood Arrivals and Form I-765 c33 Application for Employment Authorization, which is based on the final adjudication of your I-821D.

We have received your request stating that your I-765 application is approaching regulatory time frame.

The Service cannot make a final decision on your I-765c33 until after a final decision has been made on your I-821D.

The processing time for your I-765 will begin when a final decision is made on your I-821D Form.

Unfortunately, agency guidelines do not allow for the expedited processing of Forms I-821D.

Therefore, your forms will be processed in the order in which they were received. You should hear something from the Vermont Service Center within 60 days of this notice.

If you have any further questions, please call the National Customer Service Center at 1-800-375-5283.

U.S. Citizenship and Immigration Services

Quote:

Thank you for your inquiry regarding a pending I-765, Application for Employment Authorization (EAD), related to your filed Form I-821D, Consideration of Deferred Action for Childhood Arrivals (DACA). While USCIS reflects a processing time of 3 months for general employment authorization filings, please note that USCIS currently does not have a specified processing time for Form I-821D. Further, the interim EAD provisions will only apply to individuals filing for I-765 based on DACA after a determination on deferred action is reached. Since your Form I-765 is directly related to your Form I-821D, both will be reviewed and processed simultaneously. We recognize your interest in a final determination on your pending filings and are aware of the difficulties caused by any delay in processing. The California Service Center is committed to processing this workload, and will be making every effort to review your case in an expeditious fashion as soon as available under our resource constraints

Re: The 90 Day Myth

You seem very confident about this. How do you explain then that MOST of the cases approved both both 765 and 821D approved around the same time, literally just days apart? Plus when I called, I do remember specifically asking about 765 but I also mentioned before that I'm calling in regards to my Deferred Action case. I was told the 90 day rule as well. You have a major source to validate what you're saying? It makes sense but still would like to know.

Re: The 90 Day Myth

How do I explain that both cases are approved around the same time?

Maybe because they were filed together? Once the adjudicator sees that you qualify for DACA he can approve your EAD application since he has them both on his desk.

My source is common sense.

DACA has a processing time of 4-6 months.

We are applying for an EAD through DACA.

You can send in all the service requests you want for the I-765 application. You won't be approved for it until the adjudicator sees you qualify for DACA, which can be up to 4-6 months.

Re: The 90 Day Myth

Quote:

Originally Posted by JJ Glo (Post 370181)

Most people approved so far have been approved for BOTH 821D and 765 at same time with the exception of a couple I've seen on this forum. That means most likely there is no 90 day wait for 765 after being approved for 821D. In fact people are getting 765 approvals first.

Re: The 90 Day Myth

USCIS should release a press release with something like...

Dear dreamers

Fuck off and stop nagging us, if you get approved, you get approved, time will tell.
Until then, kindly, fuck off.

And even after that press release, these impatient little fucks will still call and nag and nag, and whine, and moan and burden everyone else with their life drama.

Lulz

Re: The 90 Day Myth

Look what I just found:

Quote:

Check the status of your request on Case Status Online.
The 90-day period for reviewing Form I-765 filed together with Form I-821D begins if and when USCIS decides to defer action in your case.

Directly from USCIS: http://www.uscis.gov/portal/site/usc...00082ca60aRCRD

This just made and ruined my day.

Re: The 90 Day Myth

Quote:

Originally Posted by 2Face (Post 370192)

You must not have understood what I'm trying to say.

Just because the processing time for DACA is 4-6 months, does not mean that it will take that long to get a response, IT CAN take that long.

The same with the I-765. It can take up to 90 days to get an a response.

My point is that, the 90 day processing time doesn't apply to us initially because we didn't file a stand-alone I-765. We filed it through I-821D and USCIS has up to 4-6 months to process our I-821D. Then, after that, the 90 day processing for our I-765 starts. If you don't hear anything by 90 days after being approved for DACA, that is when you can call in.

Re: The 90 Day Myth

Quote:

Originally Posted by msaccountant (Post 370197)

Look what I just found:

Directly from USCIS: http://www.uscis.gov/portal/site/usc...00082ca60aRCRD

This just made and ruined my day.

Thank you.

Re: The 90 Day Myth

Quote:

Originally Posted by JJ Glo (Post 370199)

So, Can I at least call in 6 months if my DACA isn't approved? :roll:

Re: The 90 Day Myth

Quote:

Originally Posted by JJ Glo (Post 370201)

Thank you.

Actually, I'd have to thank you for bringing it up. I kept thinking it'd be 90 days from biometrics but it's not. Now I can stop myself from freaking out and nagging them about it and occupy myself with other things. I truly hope that I get an approval early but if I don't then I'll wait since there's not another option...:lol: