Sanchez

Luna, you should be fine just as your lawyer stated. I, just as you, sent my application on August 18 but mine was received on the 22nd. I had my biometrics taken on October the 5th and just today I received the approval notice. Only god knows what took them so long to review my application. I work for an immigration lawyer and I myself have filed a lot of cases after I sent mine. Ironically, many of the cases that I submitted which were not well-supported got their permits in even three months. I consider my case was well-presented and supported. You should be getting it soon.

I also suggest you submit notarized affidavits from U.S. Citizens or Legal Permanent Residents attesting as to the fact that you were continuously here for that period of time. From cases at our office, some individuals had nothing to cover some gaps in their residency history, we submitted affidavits and a couple of them have already been granted their permit. Although, it is stated in the guidelines posted by USCIS that affidavits are not acceptable, from the cases that I just mentioned, I would say that they are being taken into consideration. However, you must also complement it with something else. Other suggestions for evidence besides the common ones would be your facebook timeline or any other participation in online blogs. As for the issue of not having completed section 2 of form I-821, I assume you left some gaps between the dates stated.

@jose3025: It all depends on the outcome or final disposition. "V C Section 16029 No Evidence of Financial Responsibility" (driving without insurance) is a considered a misdemeanor although it must be considered minor traffic offense if you attended court and either presented proof of financial responsibility to the judge and thus dismissed the charges or you paid the corresponding fines. On the contrary, if you did not comply with any of the above, the it could have even evolved to a felony. For DA purposes this is a minor traffic offense that will most likely not be considered as a misdeamenor.

To clarify something, I am reading that Bass221 is referring to I-485 which is another application which is submitted for another process called Adjustement of Status and it has nothing to do with Deferred Action. I am guessing that he meant I-821. Regardless of that, I-765 (Employment for Authorization) is the same regardless of the type of process but it is submitted in conjuction with a separate form through which one is applying. The biometrics appointment notice must be the only notice presented when going to your appointment. Not the receipt notice nor other but the appointment notice. Two suggestions: do not try to attempt and try to go days before your interview, from experience with other cases, this just slows it down. Secondly, look presentable as this will be the actual photograph showing on your work permit.

Driving without a valid drivers license is in fact a misdeamenor. However, this was posted by USCIS: Q5: If I have a minor traffic offense, such as driving without a license, will it be considered a non-significant misdemeanor that counts towards the “three or more non-significant misdemeanors” making me unable to receive consideration for an exercise of prosecutorial discretion under this new process? A5: A minor traffic offense will not be considered a misdemeanor for purposes of this process. However, your entire offense history can be considered along with other facts to determine whether, under the totality of the circumstances, you warrant an exercise of prosecutorial discretion. It is important to emphasize that driving under the influence is a significant misdemeanor regardless of the sentence imposed. ----This clearly states that driving without a license should not affect you even if you were cited more than three times. On the other hand, they are also stating that they could take it into consideration depending on whether if you have had any other type of issues with the law. ---- For all other misdemeanors, I suggest you obtain your criminal records (it only takes a few hours), look up the codes, and see the severity of it. Or see whether if it passes the standards set by USCIS which say: Q3: What offenses constitute a significant misdemeanor? A3: For the purposes of this process, a significant misdemeanor is a misdemeanor as defined by federal law (specifically, one for which the maximum term of imprisonment authorized is one year or less but greater than five days) and that meets the following criteria: Regardless of the sentence imposed, is an offense of domestic violence; sexual abuse or exploitation; burglary; unlawful possession or use of a firearm; drug distribution or trafficking; or, driving under the influence; or, If not an offense listed above, is one for which the individual was sentenced to time in custody of more than 90 days. The sentence must involve time to be served in custody, and therefore does not include a suspended sentence If you can't do this on your own, seek help.