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Jørgen

What is my immigration status?

By Jørgen in Adjustment of Status from Work, Student, & Tourist Visas

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Jørgen Apprentice

Jørgen   2

Posted
Filed: AOS (pnd) Country: Norway
 Timeline
Posted

Hi,

I'm currently in the process of having an AoS to get a family-based permanent residency. I'm at the point where I've gotten an appointment for an interview.

I came here last year on a F-1 visa, but the visa itself expired in the middle of September, and supposedly the status is only valid for about 60 days after school is out?

What's my current legal status in the US? Do I have an immigrant visa? (I've filed I-130, I-485 and I-765, I have a work permit)

Kind regards,

Jørgen.

05/31/2010: Married my beautiful wife :D

06/01/2010: Found out that I am no longer eligible for the J-1 visa I was applying for for my summer internship, because of marriage

07/12/2010: USCIS sent NOA1 (FedEx receipt 07/09/2010)

07/27/2010: Did walk-in biometrics in Fresno, CA (Scheduled appointment was 08/14/2010 in San Marcos, CA)

07/27/2010: Requested expedited processing of I-765 due to financial hardship

07/27/2010: RFE (I-864 instead of I-864EZ) - expedited processing cancelled.

08/09/2010: I-131 delivered to USCIS (according to USPS)

08/13/2010: RFE response NAO received per e-mail. (USPS receipt 08/11/2010)

08/16/2010: Requested expedited processing again.

08/24/2010: Contacted Representative about help. Inquired to USCIS, told us they couldn't ask for any kind of preferred processing, and gave us status update (At the "judicial stage of the process"?)

08/25/2010: Work permit card production ordered!

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Jørgen Apprentice

Jørgen   2

Posted
Filed: AOS (pnd) Country: Norway
 Timeline
  • Author
Posted

If you have filed the I-485 you're OK and legal.

Cheers!

Ok, but what is my status according to law? Laws refer to e.g. "non-immigrant visa holders" and such.

05/31/2010: Married my beautiful wife :D

06/01/2010: Found out that I am no longer eligible for the J-1 visa I was applying for for my summer internship, because of marriage

07/12/2010: USCIS sent NOA1 (FedEx receipt 07/09/2010)

07/27/2010: Did walk-in biometrics in Fresno, CA (Scheduled appointment was 08/14/2010 in San Marcos, CA)

07/27/2010: Requested expedited processing of I-765 due to financial hardship

07/27/2010: RFE (I-864 instead of I-864EZ) - expedited processing cancelled.

08/09/2010: I-131 delivered to USCIS (according to USPS)

08/13/2010: RFE response NAO received per e-mail. (USPS receipt 08/11/2010)

08/16/2010: Requested expedited processing again.

08/24/2010: Contacted Representative about help. Inquired to USCIS, told us they couldn't ask for any kind of preferred processing, and gave us status update (At the "judicial stage of the process"?)

08/25/2010: Work permit card production ordered!

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Harpa Timsah Grand Master

Harpa Timsah   13,258

Posted
Filed: Lift. Cond. (apr) Country: Israel
 Timeline
Posted (edited)

You are "status pending." I know it sucks, but that's it. You do not have an immigrant visa (no need for one, you are already here... you are going from non-immigrant to permanent resident, but with neither status right now). Good luck.

Edited by Harpa Timsah

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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Brother Hesekiel Mentor

Brother Hesekiel   2,236

Posted
Filed: Other Timeline
Posted

"Status pending" is not a status per se, but constitutes legal presence in the United States until the petition has been decided upon. The NOA1 is the document that will keep the immigration police off your back for now.

There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

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Maxximus1074 Enthusiast

Maxximus1074   14

Posted
Filed: Lift. Cond. (pnd) Country: Germany
 Timeline
Posted

Just read your posting - I am in the exact same situation like you - former F-1 student, but with visa expired - have a few twists and turns in my history, but to answer your question:

For the 485 AOS form you will enter "out of status"

(and don't worry, that doesn't raise a red flag and you will get deported, as the student visa has no real expiration date due to the fact that you could add your desire to go for a masters degree, a PHD, whatever after your initial studies ended)

For all other forms, like the employment authorization, your wife's 130 petition you can enter "AOS applicant"

Like Just Bob said, don't worry about confessing on the forms that you are no longer here on a student visa, it's no reason for them to deny your application or make you leave despite being lawfully married to a US Citizen

Good luck on your journey, feel free to message me with any other questions and I'll see what I know from my experience so far.

M.

10/13/2010 - Mailed in The Package (AOS, I-765, I-130)

10/17/2010 - USPS confirms delivery to USCIS

10/25/2010 - Check cashed

10/26/2010 - All applications been worked on aka touched

10/28/2010 - NOA1 Receipts for applications received

11/24/2010 - Received appointment for biometrics in the mail for 12/17 *yay*

12/17/2010 - 9.25 a.m. - 9.45 a.m. Biometrics done !!

12/23/2010 - EAD Approved and Card on its way - Email notification received *yay*

01/03/2011 - WOOOHOOO ...EAD Card in Hand!

01/04/2011 - Oh boy....Received Interview Letter today - February 3rd is the day! :)

02/03/2011 - Interview scheduled 12:45 p.m. - out of there before 1:30 p.m. - further review

Coming home, checking for touches at 5:30 p.m. - CARD PRODUCTION ORDERED !!!!

Thank you All on Visajourney for your inputs, experiences and thoughts!!!

02/09/2011 - Yup another e-mail saying that my card production was ordered.

02/10/2011 - E-mail notification "Approval letter was sent today"

02/14/2011 - Welcome Letter / Approval NOA and Card (separate envelope) received!!! :D

Late November 2012 (have to look up my receipts ;) - mailed in ROC I-751

12/12/2012 - NOA 1, status extension received

12/18/2012 - Biometrics appointment letter received

01/08/2013 - Biometrics done

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Brother Hesekiel Mentor

Brother Hesekiel   2,236

Posted
Filed: Other Timeline
Posted

For the 485 AOS form you will enter "out of status"

Nope.

For the AOS you enter B2, J-1, or with whatever visa you entered the US.

There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

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Maxximus1074 Enthusiast

Maxximus1074   14

Posted
Filed: Lift. Cond. (pnd) Country: Germany
 Timeline
Posted

Nope.

For the AOS you enter B2, J-1, or with whatever visa you entered the US.

wops....did the wrong math....you're right Just Bob, with his Visa expiration in September and now being Mid October he's not totally out of status at this point....

10/13/2010 - Mailed in The Package (AOS, I-765, I-130)

10/17/2010 - USPS confirms delivery to USCIS

10/25/2010 - Check cashed

10/26/2010 - All applications been worked on aka touched

10/28/2010 - NOA1 Receipts for applications received

11/24/2010 - Received appointment for biometrics in the mail for 12/17 *yay*

12/17/2010 - 9.25 a.m. - 9.45 a.m. Biometrics done !!

12/23/2010 - EAD Approved and Card on its way - Email notification received *yay*

01/03/2011 - WOOOHOOO ...EAD Card in Hand!

01/04/2011 - Oh boy....Received Interview Letter today - February 3rd is the day! :)

02/03/2011 - Interview scheduled 12:45 p.m. - out of there before 1:30 p.m. - further review

Coming home, checking for touches at 5:30 p.m. - CARD PRODUCTION ORDERED !!!!

Thank you All on Visajourney for your inputs, experiences and thoughts!!!

02/09/2011 - Yup another e-mail saying that my card production was ordered.

02/10/2011 - E-mail notification "Approval letter was sent today"

02/14/2011 - Welcome Letter / Approval NOA and Card (separate envelope) received!!! :D

Late November 2012 (have to look up my receipts ;) - mailed in ROC I-751

12/12/2012 - NOA 1, status extension received

12/18/2012 - Biometrics appointment letter received

01/08/2013 - Biometrics done

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Brother Hesekiel Mentor

Brother Hesekiel   2,236

Posted
Filed: Other Timeline
Posted

wops....did the wrong math....you're right Just Bob, with his Visa expiration in September and now being Mid October he's not totally out of status at this point....

Doesn't matter. The question is aimed to find out if the beneficiary entered the US without inspection (kiss of death), as part of the VWP (iffy), or with a visa. In the latter case they like to know WHAT visa. Even with a very long overstay, the correct answer is still the visa, not "out of status."

There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

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