Return to AOS main pageEAD #2 - The Experience
December 11, 2002
For information about the paperwork we sent to the INS, please see the EAD 2 paperwork page.
In a reversal from our previous AP experience, Chicago now requires you to file for the AP by mail, and will give you an appointment time when it is ready.
- Why our situation was unusual
- Forms and evidence we took with us
- A little trip to the Chicago INS
- Proof of Payment
- Getting the EAD
- Lessons Learned
The Problem
Unfortunately, with this EAD renewal Dan found himself in a bit of an awkward position. The paperwork was not filed as far in advance as it should have been. (Remember, people, FILE YOUR RENEWAL EAD PAPERWORK THREE MONTHS AHEAD OF THE EAD EXPIRY DATE.) After filing the paperwork we both promptly put the situation out of mind. We've discovered this to be the best way to deal with the INS waiting game. Thus, the expiration of Dan's EAD snuck up on us VERY suddenly!
We found it was December 7th (a Saturday) with no news from the INS and Dan's EAD about to expire on the 9th . . .
After discussing the situation with Dan's employer, we decided that the best course of action was to try going to the INS in person and try to convince them to issue him a temporary EAD. We weren't very sure it would work. It hadn't yet been 90 days since he filed his paperwork.
Preparation
We knew our case for expedition of the EAD process was a little shaky, so we gathered as much relevant evidence as we could...
- Photocopies of Dan's renewal EAD application and related documents (e.g. old EAD, I-94, AOS receipt, etc.)
- Originals of above documents, where available
- Letter of Support from Dan's supervisor stating that he was necessary for their office, and that his ineligibility to work would have a negative impact on their operations and could potentially cost him his job
- Money order receipt
- Proof that money order had been cashed. (Okay, technically we didn't bring this with us originally - we had to go get it (details below), but if you attempt this yourself you will need it.)
Spending the Day at the Chicago INS
we got up early and took the first el train downtown. We arrived at the Jackson el stop just after 6am. We ducked into McDonald's for some hot chocolate (it was cold outside) and were in line outside the INS by 6:10am, with 37 people (and a baby) ahead of us. By 6:30 am the line behind us seemed quite long, and the end of the line was out of sight well before we were able to file in through the INS doors around 7am.
After a long wait, Dan reached the receptionist/information officer. When Dan explained the situation to her she gave us the same old spiel about "you have to wait 90 days, has it been 90 days? where is your receipt? it hasn't been 90 days so you can't do anything." Dan told her he had a letter from his employer. That changed her attitude considerably! She kept asking us for a receipt. (Being nonspecific.) Becky thought she meant the AOS receipt. It turns out she meant a receipt for filing the EAD. We told her we hadn't received anything from the INS. Then she asked for the money order receipt. We showed her the carbon copy slip you get with a money order. Then she said that what she really wanted was a receipt showing the front and back of the money order proving that it had been cashed.
That was something we didn't have.
Proof of Cashed Money Order
So, it turns out we needed more than just the money order recipt - we need "proof of payment." If the INS had sent us a receipt, that would have been sufficent. Since we had nothing to prove Dan's application had been received, much less paid for, we had to get proof the money order had been cashed. The woman gave us a ticket to reenter without having to line up again, and we left in search of a local branch of our bank.
Luckily, our bank is based in Chicago and has a nice big office downtown. The customer service person we talked to was extremely helpful, and after a 10-15 minute wait, we had the proof in our hands. We made a quick stop to get photocopies of the receipt and returned to the INS, skipping the pre-security queue.
Getting the EAD
We bypassed all of the people waiting for the information desk and spoke to a different receptionist. He seemed as skeptical of Dan as the first receptionist, but concluded it wasn't really his job to decide our case (it wasn't), gave us a piece of paper, writing "EAD, Employment letter" in the upper left hand corner, and sent us to the EAD waiting room. Dan filled out the other relevant information on the form and dropped it in the "EAD Walk-Ins" box. So the wait began.
After a relatively short period of time, he was called up. A woman took his "proof of payment" and employment letter. A while later, they called him up again. They were having difficulty pulling up his case. Of course, they were looking through initial, not renewal applications! They took his old EAD to assist in their search and sent him back to sit down. After another long wait, they called him up again. They asked to see photo ID. (They want/prefer at state driver's license or state ID but will, of course, accept a passport!) Then he had his fingerprint done, his picture taken, and was told sit down. About 5 minutes later when they finished processing and laminating that batch of cards, he was called up and had his EAD!
To our surprise and joy, it was a regular 1-year EAD - not an interim card! We walked out of the INS around 10:30 am.
Lessons Learned
So, as you can see, this was not a typical EAD experience. So, here's what we learned...
- Mail out your renewal EAD application AT LEAST 3 months in advance of the the expiration date of your current one.
- If you do have problems with receiving a timely EAD, bring a letter from your employer saying that they need you to continue working. It can't hurt, but it can do a whole lot of good.
- If you have filed your EAD renewal application and the INS has cashed your money order and your EAD is about to expire and you haven't received your EAD appointment letter, don't go to the INS office until the day it expires or later. During our wait we saw several people in the same situation as us - with and without employer letters - get turned away because their card had not yet expired. Note: to my knowledge the INS is not obligated to expedite the process or issue an interim EAD before the 90 day period is up. However, it seems that they often will, given all the conditions mentioned previously.
- It is well worth it to get to the Chicago INS as early as possible. When we left at 10:30, people we had see behind us outside were still in line for the information desk.
- Bring copies of everything.
- If your are in a similar situation, bring proof of payment. If you received a receipt from the INS, that should be sufficient. Otherwise, you will need to obtain proof that your money order/cashier's check has been cashed.
- A good reason to get your money orders at a bank, even though it's usually a little more expensive, is that it's also easier to get proof the money order has been paid, if needed.