Unique Situation

[Maliba 1]

Hello I am newbie on the forum and tried searching for a situation similar to ours but came back with no results. I am a US Citizen and my fiance is currently on a C18 status (order of supervision) but is not in the deportation stage. He has been living in the US for 10 years and has a work permit which he has to renew annually. We are getting married in a couple of weeks and want to know which application would we need to file AOS or Petition for Alien Relative.

*if anyone has been in the same situation; please share your thoughts and experiences

[SAT 9,609]

how did your husband enter the US? he's aparently deportable, but they're not deporting him due to another underlying reason.

sorry, I meant your fiance

[Darnell 8,479]

i don't have 'the' answer, but suggest you file the full 'adjustment of status' package - we've a guide for that.

[Maliba 1]

how did your husband enter the US? he's aparently deportable, but they're not deporting him due to another underlying reason.

sorry, I meant your fiance

He entered the US on a travel visa but over extended his stay on his last trip and has been in the US since.

i don't have 'the' answer, but suggest you file the full 'adjustment of status' package - we've a guide for that.

Thanks! I looked at the guide it states that you have to apply for an I-130 then AOS so would we do the reverse and apply for the AOS first?

Edited February 28, 2013 by Maliba

[Harpa Timsah 13,258]

Thanks! I looked at the guide it states that you have to apply for an I-130 then AOS so would we do the reverse and apply for the AOS first?

It's all done at the same time. It's a I-130/I-485 CONCURRENT package.

[Maliba 1]

It's all done at the same time. It's a I-130/I-485 CONCURRENT package.

In the guide it states the I-765 is optional but in the description it states that "Certain aliens who are temporarily in the United States may file a Form I-765, Application for Employment Authorization, to request an Employment Authorization Document (EAD). Other aliens who are authorized to work in the United States without restrictions should also used this form to apply for a document evidencing such authorization."

I am a little confused about the second statement now would my fiance have to sumbit an I-765 as well?

[Harpa Timsah 13,258]

You don't have to submit it. You don't have to file any paperwork at all and he can get deported. You don't even have to get out of bed in the morning...

The I-765 is optional. It is also free when file in conjunction with the AOS package. It is meant as a stop-gap measure for the time before the GC is approved. Once the GC is approved, you no longer have need for the EAD, as the GC replaces and supersedes it.

[SAT 9,609]

He entered the US on a travel visa but over extended his stay on his last trip and has been in the US since.

OK you say he entered on a tourist visa is that correct? and he has a work permit? like an EAD? How?

I'm trying to figure out why he's c18. He may or may not be able to adjust status

[Maliba 1]

OK you say he entered on a tourist visa is that correct? and he has a work permit? like an EAD? How?

I'm trying to figure out why he's c18. He may or may not be able to adjust status

When he over extended he was under deportation proceedings but was never deported becuase his country never responded to the request so he was granted a C18 status and work permit and has been living and working in the US for the last 10 years.

You said he may or may not be able to adjust status; what would determine wether or not he's able to?

[SAT 9,609]

When he over extended he was under deportation proceedings but was never deported becuase his country never responded to the request so he was granted a C18 status and work permit and has been living and working in the US for the last 10 years.

You said he may or may not be able to adjust status; what would determine wether or not he's able to?

That's a tough question Maliba. You're being quite vague on his status. So far you've only told us that he's C18, and he's under deportation proceedings. a tourist on overstay don't generally get deported. Did he do anything to fall under the radar? (ie, went to jail?) You've left quite a bit out of the story.

What country is he from? Are they refusing to take him back? Why was he granted a work permit? Did he apply for one? If so, for what reason? (ie asylum/ political prosecution etc) In the end, he may need an immigration attorney.

[Maliba 1]

That's a tough question Maliba. You're being quite vague on his status. So far you've only told us that he's C18, and he's under deportation proceedings. a tourist on overstay don't generally get deported. Did he do anything to fall under the radar? (ie, went to jail?) You've left quite a bit out of the story.

What country is he from? Are they refusing to take him back? Why was he granted a work permit? Did he apply for one? If so, for what reason? (ie asylum/ political prosecution etc) In the end, he may need an immigration attorney.

At the time my fiance over extended his stay ICE was looking for someone in his complex and during their search they knocked on everyone's door asking if they had seen the man they were looking for and to also provide their ID's so they were able to identify who everyone was. After showing his paperwork to the officers discovered the he had over extended his stay so a few weeks after the incident he received a letter stating he had an appointment with immigration. When he showed up for his appointment he was told that he had overextended his stay and the he would be detained. After being detained he filed for voluntary departure and his family never got his travel documents ready for him in the allotted time frame and so then was held for deportation. While waiting to be deported the Malian embassy never sent the required travel documents in the allotted time frame so he was then released on an order supervision.

Based on my personal research this what I found regarding his work permit.

Some noncitizens may reside in the United States under a USCIS Order of Supervision (I-220B). These people may be granted employment authorization. Acceptable forms of verification include:

Copy of USCIS or Department of Homeland Security form I-220B Order of Supervision.

Copy of I-94 annotated ”Order of Supervision.”

Copy of USCIS or Department of Homeland Security Employment Authorization Form I-688B or I-766 coded 274a12.

§ Sec. 241.5 Conditions of release after removal period.

© Employment authorization. An officer authorized to issue an order of supervision may, in his or her discretion, grant employment authorization to an alien released under an order of supervision if the officer specifically finds that :

(1) The alien cannot be removed in a timely manner; or (Revised effective 2/4/05; 70 FR 661)

(2) The removal of the alien is impracticable or contrary to public interest.

[SAT 9,609]

OK, thanks for the more detailed explanation of how he came to be C18. I think he should be fine to adjust status. However, on the application. It will ask if he's ever been a subject of immigration /deportation proceedings. To which he will have to answer yes. But in the end, the package you need to file is the I-130 AOS package for your spouse.

(There's other scenarios of c18, such as a criminal alien released after serving a jail term, and his country of origin refuses to readmit him. in that case, that criminal alien will just simply be released into the general population here on a c18 and not be permitted to adjust status).

http://www.visajourney.com/content/i130guide2

This is your guide. And you don't have to file the I-765 in the package if he already has an EAD

[Maliba 1]

OK, thanks for the more detailed explanation of how he came to be C18. I think he should be fine to adjust status. However, on the application. It will ask if he's ever been a subject of immigration /deportation proceedings. To which he will have to answer yes. But in the end, the package you need to file is the I-130 AOS package for your spouse.

(There's other scenarios of c18, such as a criminal alien released after serving a jail term, and his country of origin refuses to readmit him. in that case, that criminal alien will just simply be released into the general population here on a c18 and not be permitted to adjust status).

http://www.visajourney.com/content/i130guide2

This is your guide. And you don't have to file the I-765 in the package if he already has an EAD

Thanks @SteveAndTiff for the reassurance, I will definitely keep the forum updated on my process. How long after we are married can start applying?

[SAT 9,609]

Thanks @SteveAndTiff for the reassurance, I will definitely keep the forum updated on my process. How long after we are married can start applying?

Immediately

and good luck to you

[Darnell 8,479]

Thanks @SteveAndTiff for the reassurance, I will definitely keep the forum updated on my process. How long after we are married can start applying?

The same day you have the marriage certificate (from the county registrar) in your hand.