aos deadline

[poipoi 0]

hi all! I need help! Anybody who knows when the last day of filing aos is? My I- 94 will expire in aug 12 and we havent filed yet,. Thanks you guys!

[Cris 0]

hi all! I need help! Anybody who knows when the last day of filing aos is? My I- 94 will expire in aug 12 and we havent filed yet,. Thanks you guys!

There is no time limit to file for AOS....do not worry about your I-94 expiration...you can do it afterwards..and then try to file as soon as you can ..CRIS

[zixuandavid 0]

There really isn't a firm AOS deadline. The deadline you want to worry about is marrying within the 90 days of arrival... After that, you want to try and apply for AOS ASAP but they will accept it later than 90 days, even for months after (but don't push it).

After the I-94 expires, the person does begin to accrue 'unlawful presence'... but the INS memo clearly states that filing for AOS will basically revert them back to 'authorized' ..

INS memo on Unlawful Presence

http://www.americanlaw.com/unlawfulmemo1.htm

Treatment of Pending Adjustment of Status Applications

The Service has revisited the guidance provided in its March 31, 1997, memorandum with respect to tolling the period of unlawful presence for aliens with pending adjustment of status applications. Properly filed applications for adjustment of status under sections 245(a) and 245(i) of the Act will not be subject to the 120-day tolling provisions under section 212(a)(9)( B )(iv) of the Act. Aliens with properly filed applications for adjustment of status under both sections 245(a) and 245(i) of the Act will be considered aliens present in the United States under a period of stay authorized by the Attorney General. Such period will also cover renewal of a denied application in proceedings. An alien who first files an application for adjustment of status after being served with a notice to appear for removal proceedings (Form I-862), however, is not deemed to have a period of stay authorized by the Attorney General.

Edited July 13, 2006 by zixuandavid

[poipoi 0]

Wow! You guys! Thank you verymuch! You gave us peace of mind

[Peter Miami 0]

There really isn't a firm AOS deadline. The deadline you want to worry about is marrying within the 90 days of arrival... After that, you want to try and apply for AOS ASAP but they will accept it later than 90 days, even for months after (but don't push it).

After the I-94 expires, the person does begin to accrue 'unlawful presence'... but the INS memo clearly states that filing for AOS will basically revert them back to 'authorized' ..

INS memo on Unlawful Presence

http://www.americanlaw.com/unlawfulmemo1.htm

Treatment of Pending Adjustment of Status Applications

The Service has revisited the guidance provided in its March 31, 1997, memorandum with respect to tolling the period of unlawful presence for aliens with pending adjustment of status applications. Properly filed applications for adjustment of status under sections 245(a) and 245(i) of the Act will not be subject to the 120-day tolling provisions under section 212(a)(9)( B )(iv) of the Act. Aliens with properly filed applications for adjustment of status under both sections 245(a) and 245(i) of the Act will be considered aliens present in the United States under a period of stay authorized by the Attorney General. Such period will also cover renewal of a denied application in proceedings. An alien who first files an application for adjustment of status after being served with a notice to appear for removal proceedings (Form I-862), however, is not deemed to have a period of stay authorized by the Attorney General.

Very good information!

Peter Miami