Settle an argument please!

[Bobby+Umit 161]

Good info there Rebeccajo -

Yep - never a good reason to go out of status - or to delay the AOS.

To many problems can come up on you and bite you in the ####.

Here is an interesting read on "out of status" and "unlawful presence"

More Space Dust

I suppose if you pay a lawyer enough money - you may get out of problems, but why do that? :>

So bottom line is .................USCIS is full of it!!

I would say - too many agencies with different interpetations of the same laws...

Depending on who does the talking, your either in trouble or not...

Edited May 29, 2009 by Bobby_Umit

[JERIII 8]

Good info there Rebeccajo -

Yep - never a good reason to go out of status - or to delay the AOS.

To many problems can come up on you and bite you in the ####.

I agree, but there is a real problem in what was posted. According to the CBP, many people won't have a choice about being out of status. By the interpretation that is described, everyone who enters on a K-1 Visa, marries and then files for AOS is going to be deportable between the expiration of the I-94 and the actual AOS. The CBP does not consider timely filing of AOS to protect legal status.

That's just a mess, which I hope they fix in some way.

[krystiandjon 0]

Good info there Rebeccajo -

Yep - never a good reason to go out of status - or to delay the AOS.

To many problems can come up on you and bite you in the ####.

I agree, but there is a real problem in what was posted. According to the CBP, many people won't have a choice about being out of status. By the interpretation that is described, everyone who enters on a K-1 Visa, marries and then files for AOS is going to be deportable between the expiration of the I-94 and the actual AOS. The CBP does not consider timely filing of AOS to protect legal status.

That's just a mess, which I hope they fix in some way.

Yes, the CBP is definitely given an obscene amount of power over the lives of immigrants. It does seem odd that the CBP would detain someone who did a timely filing of AOS when they must know full well that ICE will not prosecute them for it. It must be a rare occurrence that they detain them. Just one more example of how they have too much power (and how catching a CBP agent on a bad day can make your life hell).

But, in the end, filing AOS promptly before your I94 expires does protect an immigrant from deportation and gives them a legal leg to stand on if something should go awry. That's important.

[Bobby+Umit 161]

Good info there Rebeccajo -

Yep - never a good reason to go out of status - or to delay the AOS.

To many problems can come up on you and bite you in the ####.

I agree, but there is a real problem in what was posted. According to the CBP, many people won't have a choice about being out of status. By the interpretation that is described, everyone who enters on a K-1 Visa, marries and then files for AOS is going to be deportable between the expiration of the I-94 and the actual AOS. The CBP does not consider timely filing of AOS to protect legal status.

That's just a mess, which I hope they fix in some way.

Yes - that is messy - but from what I have seen in the lawyer travels, the NOA for the AOS freezes you status. So I suppose that you may have a fight or something if CBP gets uptight.

The one post on this site where CBP gave them (a happily married couple moving through Texas) a hard time (even though they had the marriage certificate, the NOA for the AOS, and the expired i-94) - they were look at for an hour or so, but let go with a stern warning.

Figures - people doing it right get hassled, but illegal people working get driven down to the USCIS to get work permits...

I hope they really do fix it so they all follow one Ring... I mean interpretation of the law

[rebeccajo 14]

Good info there Rebeccajo -

Yep - never a good reason to go out of status - or to delay the AOS.

To many problems can come up on you and bite you in the ####.

I agree, but there is a real problem in what was posted. According to the CBP, many people won't have a choice about being out of status. By the interpretation that is described, everyone who enters on a K-1 Visa, marries and then files for AOS is going to be deportable between the expiration of the I-94 and the actual AOS. The CBP does not consider timely filing of AOS to protect legal status.

That's just a mess, which I hope they fix in some way.

Yes - that is messy - but from what I have seen in the lawyer travels, the NOA for the AOS freezes you status. So I suppose that you may have a fight or something if CBP gets uptight.

The one post on this site where CBP gave them (a happily married couple moving through Texas) a hard time (even though they had the marriage certificate, the NOA for the AOS, and the expired i-94) - they were look at for an hour or so, but let go with a stern warning.

Figures - people doing it right get hassled, but illegal people working get driven down to the USCIS to get work permits...

I hope they really do fix it so they all follow one Ring... I mean interpretation of the law

Bottom line point - the "period of authorized stay" that we often speak of for K1 adjustees isn't in the INA. It is only referenced in policy memoranda. Even protections supposedly granted for a timely filing before the I-94 expires is not in the INA.

We know from anecdotal evidence that none of this is usually problematic for K1 adjustees. I've only pointed it out becuase I think it's important to REALLY understand the legal position the alien is in between I94 expiration and grant of the greencard. The anecdotal evidence is comforting because we know that usually no problems arise - USCIS is comfortable with operating under policy. "Policy" however is not the "law". I think this is important in understanding just how carefully we should make choices while in this "legal purgatory".