EAD (WorkPermit)

Hi everyone,

I would have posted some information related to my case before but now I want to outline my entire experience and see what options are available to me.

I got married to my husband in February this year and moved to the USA to be with him officially in April under the Visa Waiver Program. We submitted the documents for the I-485 to Adjust my status and I-130 petition for alien relative along with the I-131 and EAD through a process called concurrent filing. I had been called in for my biometrics appointment in May and I did that and was waiting to go through the next step.

On June 21st, 2018 I got a notice from the CBP stating that I had ten days left to be in the country as my time under the VWP was coming to an end. We made a call to the USCIS the next day and we were told they would get back to us with some information which they did send via email. The information was a bit confusing as it said that under the VWP I could not adjust status but there was an exception made for immediate relatives of US Citizens, which I would qualify as due to the marriage. However for me to extend my stay legally I would have had to petition the local USCIS Field Office Director to be granted an extension. The available dates for an appointment would have put me past the time that the CBP told me that I had in the country and so we decided that to be on the safe side I should leave the country for a few days and then return, which I did.

Recently, at the start of September I applied for an expedite request on my EAD and on September 8th got a notice via the USCIS app that the expedite request was denied and they have also denied my application to adjust status as well as my EAD application altogether. Yesterday, I received the letter in the mail explaining why this had happened and it states that they denied my applications because I left the country and so according to the USCIS rules I have abandoned my application. I called the USCIS hotline and spoke to a level two officer who told me that the CBP is a different branch of government and they cannot make any ruling on any notice the CBP has issued. He suggested that I make an appointment with the local USCIS office and speak with an officer there. I have made the appointment, the earliest time was 21st September.

Meantime I would like to know what other options I can exercise as this is very upsetting since I thought I was complying with the law due to the notice I received form US Customs and Border Protection. I went online and found a form I-290B which could allow me to file a motion to reopen the case and review the decision but it requires me to quote statutes and precedent from US law which I know nothing about along with giving a statement similar to what I have just written.

Is it better to file the motion or would it be best to go through the process of re-filing the applications for AOS and EAD and waiting all those months for a decision?

Thanks,
John