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Any Advice! My lawyer filed My 1-360 Vawa, i-485,i-765 concurrently. She use C31 Category for 1-765 work permit is that correct?

Anaheim, CA |

Until now i havent receive any Biometric Appointment for work permit and I am so worried its been 2 months! some said is should use C9 Category for VAWA pending and AOS Im so confused! did my lawyer made some error. Please Help i need a work permit!

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Attorney answers 3

Posted

Yes, (c)(31) is the correct designation for a VAWA self petitioner.

Mark Robert Barr

Mark Robert Barr

Posted

No, it isn't. (c)(31) is for an APPROVED I-360. You can file it concurrently but will still have to wait a long time for the I-360 approval before the EAD can issue. However, because the I-360 was filed concurrently with an adjustment application, the (c)(9) category should have been used, since that only requires a pending I-485, and EAD issuance should be in 60-90 days.

Asker

Posted

I guess I should have use (c)(9). I can't wait for my I-360 approval to get a work permit. I have pending I-485.

David Eli Larson

David Eli Larson

Posted

Mark is correct that (c)(9) is the proper code to use. I am assuming your spouse is a US citizen based on your lawyer submitting the I-485 at the same time as the I-360. If your spouse is not a US citizen, you will have to wait longer than the 3 months to get work authorization. Ask your lawyer to check the status of your I-765, or use the USCIS Customer Service Number, 1-800-375-5283, to check the status yourself. You can ask the customer service representative to inform the Vermont Service Center that you are married to a US citizen and are eligible for work authorization immediately because of your pending I-485. Make sure you have your VSC receipt number when you call.

David Eli Larson

David Eli Larson

Posted

Mark, are people experiencing longer processing times for the EAD when the (c)(31) code is used even though the I-485 is submitted concurrently?

Asker

Posted

Yes my husband is a USC.

David Eli Larson

David Eli Larson

Posted

Good, don't freak out. Just follow up and have your lawyer follow up.

Asker

Posted

Ok thank you. Should i ask my lawyer to change it to Category (C)(9) instead of (c)(31)?

Mark Robert Barr

Mark Robert Barr

Posted

David, I don't know the answer to that question. As I mentioned to the posted, it's entirely possible that USCIS will still treat it as a (c)(9), rather than (c)(31), when the I-485 shows in the system. You would think there would be some built-in flexibility, since a lot of these filings are done pro se. I don't have first hand knowledge, because I think we've been pretty good about filing them as (c)(9) where appropriate. Probably a decent idea for the lawyer to supplment with clarification, though, rather than just waiting and hoping that the Service sorts it out.

David Eli Larson

David Eli Larson

Posted

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Posted

Instructions for I-765 would provide answers. c31 could be used, c9 for pending adjustment

The above is intended as general information only and cannot be relied upon as legal advice. Call (212)880-1538 for detailed evaluation of your case. Laws change constantly and vary from state to state. The legal principals discussed may differ substantially from your personal situation. Therefore, You should consult an attorney about your particular situation. Visit us at WWW.USIMMIGRATIONPLUS.COM Contact Immigration Law Offices of Tsirina Goroshit at 275 Madison Avenue, 4th Floor New York, NY 10016

Posted

Either designation would be OK and should not be a reason for the delay. As of now, many biometric processing centers have been backlogged because of the DACA (Deferred Action for Childhood Arrivals). That may be the reason. If you are very concerned, you can request an infopass (infopass.uscis.gov) and see what is going on with your case. I wouldn't worry about it to much for now but if it takes more than 90 days, then I would make an infopass appointment or have your attorney schedule it. Hope this helps!

The answers provided should not be considered legal advice. They are for general information only. It is always recommended you consult with an attorney prior to taking any action.

Asker

Posted

Isn't it C31 if my Vawa is approved? I still have I-360 which is pending and it takes 19 months to get approve. While category c9 requires only pending I-485 I do have current priority date with my previous I-485 from my husband my work permit revoked due to my husband withdrawal of I-130 and I-485 and I-765

Asker

Posted

Isn't it C31 if my Vawa is approved? I still have I-360 which is pending and it takes 19 months to get approve. While category c9 requires only pending I-485 I do have current priority date with my previous I-485 from my husband my work permit revoked due to my husband withdrawal of I-130 and I-485 and I-765