Work Permit Delayed?



Employment Authorization Document (EAD)

Work Permit Delayed? 

Most green card applicants file an application for employment authorization along with their application for a green card. This temporary permission to work allows green card applicants to work while waiting for a decision on the green card application. It should be issued within 90 days of filing the application.

What can you do if your work permit application is pending  for more than 75 days?

Call the Immigration Service National Customer Service Center (NSCS) at 800-375-5283 and ask for a service request. The NVC will send this request to the service center that is processing your case.

– The NVC will ask for your filing receipt number when you call. This number can be found near the top of the notice you receive after you file an immigration application.

What can delay your work authorization?

  • If the Immigration Service asks for more initial information, the 90-day clock will start over from the date that the Immigration Service receives this initial evidence.
  • What is “Initial Evidence?”
  • – Any document or form that is specifically required by the form instructions, including the correct immigration filing fee. Read the form instructions carefully to be sure that you are sending the correct filing fee.
  • If the Immigration asks for additional evidence, the 90 day clock will stop when the request is send and start again when the additional evidence is received.
  • What is “Additional Evidence?”
  • – Evidence not required by the form instructions, but which may help the Immigration Service decide whether you are eligible for a green card.
  • If you request that your fingerprinting (biometrics) appointment be rescheduled, the 90 day clock will start over from the date you request a new appointment.

Tips to Avoid Delays in Getting your Work Permission

  • Submit a complete application and all the required documents when you file your application for a green card.
  • Provide additional evidence that shows you are eligible for a green card. For example, if you are applying for a marriage-based green card, include as much evidence of your relationship as possible.
  • Try to avoid asking that your fingerprinting appointment be rescheduled.

Applying for a Green Card of Fiance(e) Visa at a US Embassy?



Four Tips for Working with the National Visa Center (NVC)

The NVC processes applications before they sent to a US Embassy abroad.  It processes green card applications and applications for fiance(e) visas. Once the NVC has received the correct fees, forms and documents, it sends the file to a US Embassy for a visa interview.  You will find helpful information in working with the NVC below.

1.NVC Website

Provides answers to Frequently Asked Questions at:

FAQ’s in English  or FAQ’s in Spanish


2. Documents

Send copies of documents NOT the original documents to the NVC.  This includes birth certificates. The green card applicant must bring the original documents to the visa interview.


3. Mailing Documents to the NVC

Mail all document sin one envelope and include the cover sheet provided by the NVC in this envelope.


4. US Embassy Website

After scheduling a green card interview appointment, visit the US Embassy website for the embassy where you will be interviewed. The website will include the most recent information on the required medical appointment and processing fees required by the embassy.

For New Immigrants: A Welcome Guide


New Immigrants: USCIS recently published a Welcome Guide for New Immigrants.   This guide provides helpful information on topics such as how to keep you permanent resident (green card)  status, how to get a social security number, and what could happen if you are convicted of a crime. To view this guide, click on  Guide for New Immigrants




Buffalo Immigration Office Has Moved


The Buffalo Immigration Office Has Moved.  The USCIS Buffalo District Office and Buffalo Field Office has moved to: 306 Delaware Avenue, Buffalo NY 14202.  It will be open to the public at this  new location beginning October 28, 2014. Click here for Directions

Replace Green Card


Good News for Green Card Replacement: Those who need to either renew or replace their green cards may now do it online.  Green cards have an expiration date that is normally 10 years from the date of approval of the green card application.  The expiration date is listed on the card. Although permanent resident  (Green Card) status does not expire, the card itself. expires.

What does this mean?

It means that even though your card expires, your permanent residence status does not expire.  You remain a permanent resident as long as you can prove that you have the intent to live permanently in the US a and do not  do something that makes you deportable.  For example, many kinds of criminal convictions can make you deportable.

What happens when my Green Card expires?

If you travel outside the US, you may have a difficult time returning to the US with an expired green card.

You may have trouble beginning new employment with an expired green card.

What if I have a two-year (conditional) green card?

A conditional green card is valid for two years. When you a have a conditional green card you must file an application to remove the condition  within the 90 day period before it expires. In this case, your permanent residence (green card) status does expire unless your application to remove the two-year condition is approved.

To determine when you became a permanent resident, the date that your conditional permanent residence application was approved is the date to use. For example, if you became a conditional permanent resident on January 1, 2014, and your application to remove the condition was approved, your green card would expire January 1, 2024.

For more information  on how to replace or renew your green card see Replace Green Card.

Immigration Musical


Immigration Musical: A fun posting, for a change of pace.  Gloria Estefan and her husband, Emilio, have created a musical to share their music and their immigration experience. They want to offer some balance to the immigration debate that often focuses on fear of immigrants. For more information visit On Your Feet

Read Chicago Tribune Review of On Your Feet.

Job Opening


Job Opening for the Position of Office Manager:

Job Description:

Office Manager for a small team of immigration and naturalization attorneys. The Office Manager will:

  • help redesign the current office and document work flow
  • integrate online programs and tools to make work flow more efficient
  • facilitate remote work for attorneys
  • handle mail & FedEx, basic filing, copying, scanning
  • field client inquiries via phone and email
  • become familiar with immigration law and clients’ needs to help the office team strategize ways to better serve clients and reach office growth goals.

Please read the qualifications for this position carefully. The successful candidate needs to get up to speed quickly. Therefore, we will only consider applicants who meet all the criteria listed below.

Job Qualifications

  • Bachelor’s Degree
  • High level of skill with office programs such as Word, Excel, Google Mail and Calendar
  • Comfortable learning and using new technology and programs
  • Problem solving skills in an office work flow environment with a very high level of attention to detail
  • At ease offering clients excellent customer service & maintaining client confidentiality
  • Excited to work in a team
  • Interested in working with people from a variety of cultural and language backgrounds

Compensation & Benefits

  • 40 hours a week, with some flexibility in setting hours
  • $32,000-$35,000 salary depending on experience, bi-weekly pay
  • Up to $1000/month Employer contribution toward your selection of health insurance
  • 15 days vacation/personal/sick
  • 11 Holidays made up of: 3 days at Thanksgiving; 5 days between Christmas and New Year’s Day; Memorial Day, Independence Day, & Labor Day
  • Annual review process and possibility of annual bonus

How to Apply

• Submit a resume, cover letter, and references to, including “Office Manager” in the subject of your email

New Immigration Team


Janet E. Moon & Diane R. Chappell-Daly

New Immigration Team: After more than 21 years of practicing in the area of immigration law in central New York, Diane Chappell-Daly has decided to take advantage of an opportunity to form an immigration team with attorney, Janet E. Moon.  As of September 30, 2015, the practice will be known as the Moon Law Office LLC (Formerly known as The Law Office of Diane R. Chappell-Daly).  Janet and Diane will work together offering immigration law services to the Syracuse area and beyond. Janet is admitted to the New York State Bar and has been practicing in the area for 7 years. She brings her background in criminal defense and the Federal Court practice of social security law to the practice of immigration law. Janet and Diane are excited to work together in this evolving venture.

Naturalization Fee Payment



USCIS announced recently that naturalization applicants may now pay the filing fee for their application , Form N-400, with a credit card.  This is the only  immigration application  fee that may be paid with a credit card.

For information on how to use a credit card to pay the Filing Fee for your application for naturalization see Naturalization Filing Fee .


Three Groups Most Likely to be Deported(New Immigration Policy)


Three Group Most likely to be Deported: A change in immigration policy announced by the Department of Homeland Security (DHS) will affect 11 million people who are in the US without documents (sometimes called illegal immigrants). DHS will focus on deporting the following three groups of undocumented immigrants.

1. Convicted Criminals

2. Terrorist Suspects

3. Those who have recently crossed the US border (Since January 2014)

For more information on this change in enforcement policy see Who will be deported? 


While not being deported does not lead to getting a green card, or any other immigration benefit, it may provide some peace of mind for those who do not fall within the above groups.

There is one one group who may file an immigration application. Those who qualify for Two-year DACA, may file for temporary relief from deportation and permission to work in the US. For information on who may apply for DACA now see Two-Year DACA