We’ve reported before that USCIS local offices would not issue interim EADs anymore from October 2006, with a promise to process all EAD applications within 90 days from filing. Also, a federal regulation requires that an interim temporary EAD be granted if the EAD application is not decided within 90 days. However, what if your EAD cases are pending for more than 90 days, and without an interim EAD? You may get some help now.
American Immigration Law Foundation (AILF) is considering filing a lawsuit in federal district court against the USCIS because of its delay of getting employment authorization cards to many applicants who are eligible for them. EAD applicants whose applications have been pending more than 90 days and who have not received an interim EAD may be able to participate as plaintiffs in this lawsuit.
If the lawsuit is successful, CIS should have to issue interim EADs. The plaintiff will be eligible for the interim EAD (or a renewal of this interim EAD) until CIS adjudicates his/her primary EAD application and underlying immigration application.
So，we suggest anyone who is interested in this lawsuit consults your attorney or other experienced attorneys and contact the AILA through your attoney for participant of the lawsuit. AILA does not accept inquiries from individuals.
(01/11/2007)
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