What if I-765 is pending over 90 days?

The Waiting Game: What To Do When Your I-765 is Stuck in Limbo

Applying for an Employment Authorization Document (EAD) through Form I-765 can be a nerve-wracking process. You’re eager to work, contribute, and move forward with your life. The anticipation is high, and the standard processing time, often cited as 90 days, feels like an eternity. But what happens when those 90 days tick by, and your I-765 application remains stubbornly pending?

It’s a frustrating situation, to be sure, but don’t despair. While a pending I-765 beyond 90 days is undoubtedly unsettling, it doesn’t necessarily indicate a problem with your application. Processing times fluctuate, and various factors can contribute to delays, including increased application volume, backlogs, and individual case complexities.

The key is to be proactive. Letting your application sit untouched is rarely the best course of action. Here are a few steps you can take to investigate the status of your application and potentially expedite the process:

1. Start with the USCIS National Customer Service Center:

This should be your first port of call. The NCSC offers a wealth of information and can often provide valuable insights into your case’s status. You can reach them by phone or through the USCIS website. When you contact them, be prepared to provide:

• Your Receipt Number: This is crucial for them to locate your specific application.
• Your Biometric Appointment Details: This helps them confirm your identity.
• Any Relevant Case Information: Briefly explain the type of EAD you’re applying for and the urgency of your situation.

The NCSC can verify whether there are any known issues hindering your application’s progress. They can also explore the possibility of expedited processing. To request expedited processing, you will likely need to provide supporting documentation highlighting a compelling reason, such as severe financial loss, urgent humanitarian reasons, or significant benefits to the U.S. government.

2. Schedule an InfoPass Appointment:

If the NCSC doesn’t provide sufficient clarity or if you’re concerned about the information they provide, scheduling an InfoPass appointment at a local USCIS office is a viable option. An InfoPass appointment allows you to speak directly with a USCIS officer. This face-to-face interaction can be particularly helpful for understanding the specific reasons behind the delay and exploring potential solutions.

To schedule an InfoPass appointment, you’ll typically need to use the USCIS website. Availability can vary, so be prepared to check frequently and book the appointment as soon as possible. When you attend the appointment, bring:

• Your Appointment Confirmation: Essential for verification.
• Your Receipt Notice (Form I-797C): Proof of your I-765 filing.
• A Valid Photo ID: For identification purposes.
• Any Relevant Documents: Bring any documentation that might support your case or expedite request.

Important Considerations:

• Patience is Key: Remember that dealing with bureaucratic processes requires patience. Stay polite and persistent in your inquiries.
• Documentation is Your Friend: Keep meticulous records of all your communications with USCIS, including dates, times, and the names of the representatives you spoke with.
• Consider Legal Counsel: If you’re facing significant delays or are encountering complex issues with your I-765 application, consider consulting with an immigration attorney. They can provide expert guidance and represent your interests before USCIS.

A prolonged waiting period for your I-765 application can be stressful, but by taking proactive steps, you can increase your chances of understanding the reasons for the delay and potentially expediting the process. Remember to document everything, be persistent in your inquiries, and don’t hesitate to seek professional help if needed.