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DAP Forums > DREAM Act > The Lounge

821-D Returned. Still possible to receive EAD on time if we resend it?

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#1
03-07-2015, 09:15 PM
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Fer48
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My sister forgot to sign on part 5 and her papers were returned. she originally sent them on time with 4 months in advance as suggested. Now that they are returned she's not sure if they'll approve her in time since her EAD now expires in a month. I know that they can give temporary permits while the full ones process, but since this isnt USCIS's mistake I'm not sure if that would apply to her.

Is there any chance that she can get approved before her current EAD expires? Is there anything we can do?
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Application Sent: 11/23/2012
Acceptance Message and I-797C notice: 12/3/2012
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#2
03-08-2015, 12:37 AM
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this is really complicated as I have a similar problem, I misspelled my cousin's name and the filer stupidly went on to process it without letting us know. To be fair, it's my fault but they still should be able to see the difference from her original documents!!!!!

I haven't heard of anything about temporary permits. I think I need to look into this! But I believe if you can get her temp. permit, then do it! Then you just need to wait.

Let me know if you need help!
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#3
03-08-2015, 02:39 AM
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Most likely there will be a gap in her DACA.

USCIS doesn't issue interim EADs, don't listen to any source that claims that is a possibility. De jure it is, de facto you'll get tossed from one rep to another until someone nods until they get you to hang up.
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#4
03-09-2015, 03:42 AM
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That's really upsetting to hear.. :/
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Application Sent: 11/23/2012
Acceptance Message and I-797C notice: 12/3/2012
Bio metrics taken: 12/26/2012
Approval: March 17th
SSN: Applied: March 25th. Received: April 1st.
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#5
03-09-2015, 12:56 PM
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I'm really sorry to hear that. USCIS only gives an extension period if there is fault upon their side. And if filed more than 120 days in advanced.

Quote:
Note: If USCIS is unexpectedly delayed in processing your renewal request, we may provide deferred action and employment authorization for a short period of time until we finish processing your request. We may do this if you filed your request at least 120 days before your current period of deferred action and employment authorization expire.
Renew Your DACA
(Scroll down to the very bottom.)

Remember, some centers and cases are faster than others. Best of luck to her.
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Date Application Sent: October 25 | LockBox: Texas (Rerouted to Nebraska) | Mailing Method: Priority Mail
Date delivered: October 28 | Acceptance letter of application received: November 1
Biometrics Appointment: December 3 | Suspended/RFE: March 18
Application Approved: June 3 | EAD Approved/RFE: June 5
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#6
03-10-2015, 06:56 PM
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Fer48
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Quote:
Originally Posted by Sirius View Post
I'm really sorry to hear that. USCIS only gives an extension period if there is fault upon their side. And if filed more than 120 days in advanced.



Renew Your DACA
(Scroll down to the very bottom.)

Remember, some centers and cases are faster than others. Best of luck to her.
Yeah man it's really upsetting because she's barely scraping by with her job. Losing it for this reason is going to be a huge bummer.
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Application Sent: 11/23/2012
Acceptance Message and I-797C notice: 12/3/2012
Bio metrics taken: 12/26/2012
Approval: March 17th
SSN: Applied: March 25th. Received: April 1st.
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#7
03-13-2015, 09:45 AM
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at least 120 days before your current period of deferred action and employment authorization expire

the word at lest makes me curious, is 100 or even 80 days considered? Hmmm
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#8
03-13-2015, 06:03 PM
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Quote:
Originally Posted by jessebrenele View Post
at least 120 days before your current period of deferred action and employment authorization expire

the word at lest makes me curious, is 100 or even 80 days considered? Hmmm
You can even send renewal applications if the original period has expired. The 120 days was more of guideline rather than anything concrete. Thing being that USCIS gives you the right to bug them if you send it at least 120 days before the expiration. In reality, I doubt they'd do anything anyways if you nag them. My EAD expires in a few days, I'll definitely try calling them but I can expect to be thrown from one agent to another.

USCIS is probably one of the least competent agencies ever, to the point that lawyers will tell you to not ask it for advice in immigration matters.
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