AOS - questions : J1 Out of Status

[JimVaPhuong 4,863]

Hmm.. I think it would be better to write the J-1 status.

Then in the next question where it asks for expiration, put down the J-1 expiration.

When I talked to a lawyer prior to starting my AOS, they said that being out of status is almost always forgiven, especially if you entered the US legally.

So IMO it would be better for someone's case to show that he/she HAD a status at some point rather than just saying "out of status"

Should probably talk to an actual lawyer tho..

I know the term "forgiven" is often thrown around here when referring to an out-of-status alien adjusting status after marriage to a US citizen, but it's probably misapplied much of the time. There is a general requirement that an alien maintain their non-immigrant status in order to be eligible to adjust status, but there are three cases where that requirement specifically does not apply; the immediate relative of a US citizen, a K1 or K2 where marriage to the petitioner took place within the required 90 day period, and H or I visa holders. In other words, you're not really depending on USCIS to "forgive" the overstay. The fact is that they have no choice. The requirement to maintain status specifically does not apply.

Entering the US legally is absolutely required. Someone who entered without inspection has no hope of adjusting status through marriage. Their only chances are a VAWA claim against a US citizen spouse, or an asylum claim.

[dracoasa 0]

Thank you very much!

We will use J1 only. It was making sense to us also not to use "out of status" because the next box was asking for the expiry. Also it makes sense that you can have a "current status" different than the one you had at the arrival; lots of people change their type of visa from let's say B2 to F1, J 1 to H1B, etc; and that is the case when I would use something else in the "current status" box.

Good luck all

[Nakria 0]

I'm sorry, but I don't agree to put J-1.

I did research and ask people myself before filling up the AOS. I was in the similar situation. Didn't know what to put in "current status".

USCIS can see on which visa you've entered USA on form I-130 where they're asking specifically "He or she arrived as a visitor, student,without inspection etc." and "the authorized day expired, or will expire, as shown on form I-94 or I-95". Also we have to include a copy of I-94 with the application where at least in my case is a stamp with B-2 and the date until when valid. Also in both applications they ask for I-94 # which, that I'm assuming, can tell them some information too.

It seems to me that some people are just worried or don't want to write the term "out of status". If somebody's status expires while still in the US he/she becomes "out of status". In the next line you don't write anything because it does not apply. It says "expires on". It does not give an option "expired on" like I-130. Which means they ask in "current status" line for a type of visa currently valid not the one which has already expired.

From: Glossary of visa terms,U.S. Department of State

Out of status: A U.S. visa allows the bearer to apply for entry to the U.S. in a certain classification, for a specific purpose. For example, student , visitor (B), temporary worker (H). Every visa is issued for a particular purpose and for a specific class of visitor. Each visa classification has a set of requirements that the visa holder must follow and maintain. When you arrive in the U.S., a DHS CBP inspector determines whether you will be admitted, length of stay and conditions of stay in, the U.S. When admitted you are given a Form I-94 (Arrival/Departure Record), which tells you when you must leave the U.S. The date granted on the I-94 card at the airport governs how long you may stay in the U.S. If you do not follow the requirements, you stay longer than that date, or you engage in activities not permitted for your particular type of visa, you violate your status and are considered be "out of status". .........

So if I put it all together:

1. What the questions ask about the status in forms I-130 and I-485

2. What a immigration lawyer suggests

3. What a definition of "out of status" says

then to write J-1, B-2 etc. in such case is not TECHNICALLY correct. I agree with others to put "J-1 out of status" or just "out of status".

With that said if you feel like you want to put J-1 then go ahead. Others did too and obviously didn't get REF for that. Good luck!