Yet another Immigration Question (USA)

In My Humble Opinion
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(for mouseovers–seeking help for my Aussie relative with a missing EAD)

I’ve stuck this in IMHO because, though there SHOULD be a factual answer, the agency-formerly-known-as-the-INS seems to be operating in a semi-random mode these days, alternately vaporizing and spitting out valuable documents. Thus I am seeking an informed opinion from our esteemed knowledgeable Dopers as to what to do (paging Eva Luna…).

The situation is that a lovely lady and esteemed Aussie (even if she IS an attorney) has run into INS indifference and can’t seem to get anywhere. Steph (as we shall call her, as her name is Stephanie) entered the USA through the visa waiver program in October of 2002, got married to my disreputable brother in law (just kidding—he’s a disabled and honorably discharged vet), and submitted the I-130, I-765, I-485 and I-864 (Oct 03).

She was approved an EAD (Employment Authorization Doc.) in Jan 04 but has not received it. The District Office in Atlanta won’t grant her an interim EAD, saying that she has already been approved for the permanent one, but can’t/won’t tell her what has happened to her permanent EAD. She has submitted 4 enquiries (spelled like Steph would just for fun) to the INS regarding her I-765, (written letters) - but has gotten zero response. Steph is located in Alabama, btw, and has been dealing (or trying to, actually) with the INS Atlanta District Office.

What is going on? What might have happened? What should she do now? There are always phone enquiries (ditto), but she is less than optimistic that this will actually get anywhere.

Also, will she still be scheduled for an AOS (Adjustment of Status) interview if she hasn’t received her EAD within 18 months of applying?

HELP!

Poor Steph regards me as a resource to help, since I am from Atlanta and have a Masters in Political Science—but hey—when I heard “INS” what I wanted to do was curl up in a fetal position and suck my thumb. As far as I can tell, the INS ranks right up there with the IRS as a monolithic agency that defies logic and spews out seemingly random and unassailable rulings.

Ah well, I throw myself upon the mercy of Dopers.

-jack

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So, I’m confused - when you say she has been “approved for the permanent EAD,” do you mean her permanent residency has been approved, but she hasn’t received the approval notice? If so, she should hie herself down to Atlanta in person to get her I-551 stamp. This is proof of permanent residency, even if it doesn’t look terribly official, and is good for work and travel just like a green card.

In any case, though, she should not put up with this B.S. If you bump this tomorrow morning, I’ll try to remember to dig up the specific interim EAD regulation. She should do some or all of the following: 1) call the USCIS customer help line (hah! but sometimes they do actually accomplish something); 2) fill out a new application and go back to the Atlanta District Office and throw a polite but persistent hissy-fit, bringing copies of all previously submitted documents, of course; and c) call her Congressperson’s office and speak to his/her immigration liaison. It’s amazing sometimes how USCIS magically finds things once a congressional office is on the line.

Good luck, and post back if you need more info!