What do I do? we're about to get kicked out... :'(

[Dah 0]

I am currently out of status in the U.S. and me and my husband just filed for my permanent residency..

My lawyer says I will get a receipt within a week or so..

The problem is the apartment we just moved into wants me to prove that I am allowed to stay in the U.S...

They need a document that says I am "allowed" to say in the U.S. by the end of this month.

But I don't know if that receipt will do it.

What do we do?

We're about to get kicked out if we don't provide this info in a week...

[Brother Hesekiel 2,236]

I never heard of a law that would make such a policy legal, and it's not legal, it would be unconstitutional based on discrimination.

Yet, in any case, the NOA1 receipt you'll have soon serves as proof of lawful presence in the US.

[belinda63 3,047]

I think Texas and maybe Arizona are doing this now. Not real sure about the legality of it and it really doesn't help the situation they are in as in winning the battle but losing the war kind of thing.

Hopefully the NOA-1 will suffice as proof.

[Matt :) 1]

I dont think that receipt means anything but that you are APPLYING for status, not that you are currently legal. Why do you have a lawyer if he cant tell you what to do? May have to find an apt complex not as strict till it is completed. No offense but I wouldnt blame the apt complex, you are the one out of status and applying late.

[Amy and Nick 37]

I had the same issue in Arizona. In order for me to be on the lease I had to prove residency (even though i was on a tourist visa so wasnt claiming I had residency)

I was only allowed to stay there for something like 3 weeks.

Odd rules.

[NigeriaorBust 4,087]

Is the housing subsidized in any way ? Are you being asked to prove status because the subsidy is limited to "us persons" ?

[Wayne and Claudia 40]

I think Texas and maybe Arizona are doing this now. Not real sure about the legality of it and it really doesn't help the situation they are in as in winning the battle but losing the war kind of thing.

Hopefully the NOA-1 will suffice as proof.

Actually several states are doing this as well as several local jurisdictions. The county I live in has a strict residency requirement for renting/purchasing a home. I agree that it does not help the poster but is food for fodder.

[elya4848 3]

There is a federal law against harboring an illegal alien. I don't know if renting is concidered harboring.

Federal Immigration and Nationality Act Section 8 USC 1324(a)(1)(A)(iv)(b)(iii)

[Harsh_77 718]

Bob – I don’t think it would be considered discrimination, even most of the states put expiry date on the driving lic which is in syc with your visa date.

Earlier they just used to give you 5-6 yr driving lic without looking at your visa status.

All the apartment management has to say is they don’t harbor illegal residents and that’s it.

You might want to get a letter from your lawyer that you are awaiting a response from USCIS and copy of your receipt might work – you can talk to manager of the property and most cases they might give you an extension based on lawyer’s letter and copy of your receipt.

[Harsh_77 718]

How did you both file for residency at the same time?

Both filed under CR1/PR1? does not make sense.

[Amy and Nick 37]

Its a tough one. Obviously its understandable that they would not want to harbor an illegal alien, but thats not whats going on here.

Can you not just put the apartment in your husbands name?