Out of Status

[purelove 0]

My husband has been out of status about a year now, and we send our AOS today

and i JUST found out today that you have to pay some penalty fee for being 'out of status', bout $1000.

Is that true?

Anybody know anything about that?? >.<

[rsn 135]

My husband has been out of status about a year now, and we send our AOS today

and i JUST found out today that you have to pay some penalty fee for being 'out of status', bout $1000.

Is that true?

Anybody know anything about that?? >.<

I have never heard of such a thing. Where did you hear this from?

Moving from Introducing our Members to AOS from Work, Student, and Tourist visas

Edited January 21, 2010 by rsn

[RebeccaAndPhil 5]

Since I've been reading these threads for over a year now I have yet to hear anything about that. Where did you hear that??

[Kathryn41 3,205]

No. There is no fee to be paid for being out of status. You run the risk of being picked up by ICE and deported but you don't have to pay a fee for filing late. Now that you have submitted the AOS your husband will again be in status once they receipt the application's arrival and send you the NOA1. It is important that he not leave the country, though, until he gets his green card even if he has an Advance Parole (I-131) as he would incur an automatic 10 year bar from re-entry. The AP wouldn't prevent that.

There is talk about a possible immigration plan that will allow illegal aliens to legalize their status in the US and to obtain work visas that includes a penalty fee that may be $1000, but your husband is not an illegal alien. He entered the country legally so is out of status which is entirely different than being an illegal alien. Regardless, the above proposal is still only a discussion and certainly not an actual reality. I think someone is confusing things for you.

[Rebecca Jo 1,962]

And then there's this.

http://law.justia.com/us/cfr/title08/8-1.0....37.0.1.10.html

[Brother Hesekiel 2,236]

Yep, that's for the 245i, a subject that is discussed very seldom on this board, but a main theme on another forum.

[Kathryn41 3,205]

Very different circumstances - not related to the OP's situation at all.

[Dakine 26]

My husband has been out of status about a year now, and we send our AOS today

and i JUST found out today that you have to pay some penalty fee for being 'out of status', bout $1000.

Is that true?

Anybody know anything about that?? >.<

Who wants the $1,000?

Edited January 21, 2010 by Dakine

[Rebecca Jo 1,962]

Very different circumstances - not related to the OP's situation at all.

But likely explains where the "$1000 question" comes from.

[juliava 80]

Here are my 2 cents: the answer is NO. 100% sure. You will not pay any fee for being out of status.

[purelove 0]

Hmm......

I guess i dont have to worry bout anything then..

few couples that my friend kno applied through a lawyer, and HE told them they had to pay $1100 bcuz of being out of status.. so my friend called me to let me kno...

hmmm.......

thanks alot!!

[Bobby+Umit 161]

Hmm......

I guess i dont have to worry bout anything then..

few couples that my friend kno applied through a lawyer, and HE told them they had to pay $1100 bcuz of being out of status.. so my friend called me to let me kno...

hmmm.......

thanks alot!!

Unless your friends met the conditions for that law - they cannot use it. Sounds like the lawyer wanted extra money.

Q2. What must I do to qualify for §245(i)?

A. A person with a labor certification or a visa petition filed on their behalf on or before January 14, 1998 is qualified for the benefits of §245(i). Under the new law, a person who has a labor certification or visa petition filed on their behalf after January 14, 1998, but on or before April 30, 2001, is also qualified for the benefits of §245(i) but only if they were physically present in the U.S. on the date of enactment of the new law (December 21, 2000).

But likely explains where the "$1000 question" comes from.

Yep

[juliava 80]

Here's another lawyer who wants to make some extra money...