June 2015 filers

[blahblahblog 36]

I thought I'd ask this to our group first. My husband came here on visitor visa, we met 4 months after he came and then got married. His visa was good for five years but only 6 months at a time. His 6 months was up the day before we sent his AOS paperwork. When does he become protected from deportation during this process? We're going on vacation soon and he's worried about traveling across the country.

Being in process of AOS gives you a somewhat legal status. The I-797 from the I-485 that you sent is evidence that you are waiting for petition, so if you are worried about being detained, carry that with you (along with the passport and the I-94). In any case, you can't be summarily deported unless you are in the border region (100 miles from the border) and are arrested by CBP. So even if you are detained the worst case scenario is that you are sent to a judge, you show him that you're adjusting status and they let you go (or adjust your status immediately).

So, unless you are going through the border you should be safe.

[Bubblz 1]

Woke up to 3 beautiful sms from uscis.

So pleased and much releved that everything is underway now.

Just waiting for the hard copy and then it'll be biometrics next.

So excited

Aww, I'm so pleased for you!

[Bubblz 1]

Being in process of AOS gives you a somewhat legal status. The I-797 from the I-485 that you sent is evidence that you are waiting for petition, so if you are worried about being detained, carry that with you (along with the passport and the I-94). In any case, you can't be summarily deported unless you are in the border region (100 miles from the border) and are arrested by CBP. So even if you are detained the worst case scenario is that you are sent to a judge, you show him that you're adjusting status and they let you go (or adjust your status immediately).

So, unless you are going through the border you should be safe.

Blahblahblog, thanks for sharing that info. I had no idea. I think i just always assumed that no matter where you are, if they catch you, you're a goner.

[Bubblz 1]

Is there any special procedure for a walk in biometric?

I hope it went well for you today!

[Bubblz 1]

I got a letter yesterday from USCIS saying that the I-693 wasn't included (I had a lawyer helping me take care of this since my case is a tad bit complicated. Not sure why they didn't wanna send the i-693 along with the package )...Anyway, at least it's not RFE...Phewww. It says that if I'm scheduled for an interview, bring it to interview. If I'm waived for the interview, they will send me another letter telling me where to submit the i-693

Wow, I'm glad you didn't get an RFE! Does anyone know what determines the chances for people to have the interview waived? On the surface it sounds lovely and stress-free, but I noticed there were a number of people who got interview waivers. It seems to be a two-edged sword because I saw some people had been waiting 10 and 11 months after the being informed they had received a waiver and still hadn't received their greencards.

[Bubblz 1]

I thought I'd ask this to our group first. My husband came here on visitor visa, we met 4 months after he came and then got married. His visa was good for five years but only 6 months at a time. His 6 months was up the day before we sent his AOS paperwork. When does he become protected from deportation during this process? We're going on vacation soon and he's worried about traveling across the country.

I had been wondering about this too so I'm glad it came up in the discussion. I assumed that being out of status meant air travel was a no-no. Knowledge is power. :-)

[Yelli 8]

Being in process of AOS gives you a somewhat legal status. The I-797 from the I-485 that you sent is evidence that you are waiting for petition, so if you are worried about being detained, carry that with you (along with the passport and the I-94). In any case, you can't be summarily deported unless you are in the border region (100 miles from the border) and are arrested by CBP. So even if you are detained the worst case scenario is that you are sent to a judge, you show him that you're adjusting status and they let you go (or adjust your status immediately).

So, unless you are going through the border you should be safe.

Oh wow, I didn't not know any of this. I'm hoping we all get our GCs by November but in case some it does take that long now I know I can do it that way to travel to Vegas for my friend's wedding. She wants me to go so bad but with this whole situation (and my husband not wanting to go) I didn't think it would be possible.

So I guess if I have a valid passport (from Mexico) my AP and my NOAs I can travel by plane in November with that if I don't have my GC by then. Good to know, Thank you!

[Bubblz 1]

Oh wow, I didn't not know any of this. I'm hoping we all get our GCs by November but in case some it does take that long now I know I can do it that way to travel to Vegas for my friend's wedding. She wants me to go so bad but with this whole situation (and my husband not wanting to go) I didn't think it would be possible.

So I guess if I have a valid passport (from Mexico) my AP and my NOAs I can travel by plane in November with that if I don't have my GC by then. Good to know, Thank you!

Yelli, I think it is definitely safe to travel once you have the EAD (for those who didn't apply for AP of course), because that is proof of status/permission to be here. My previous status has expired and I didn't bother to apply for the AP because I knew I wouldn't be traveling out of the country until the AOS process was over and the gc is in my hand. So one of the reasons I have been hoping for speedy EAD arrival is so I feel comfortable flying within the country. Blahblahblog's info made me feel like looking for a cheap flight to somewhere for this weekend.lol

Edited July 2, 2015 by Bubblz

[Carrie1978 2]

Thank you both! We are driving so not worried about flight, I think he's concerned in general about being out of status and the trip takes him out of his comfort zone. I'll make sure we travel with the documents!

[Bubblz 1]

Oh! Well if you are driving, he can relax and just enjoy the trip. :-)

[Yelli 8]

Yeah driving should be fine. We drove 4 hours down to San Antonio last week for a mini vacation and I didn't take anything with me.

[blahblahblog 36]

Wow, I'm glad you didn't get an RFE! Does anyone know what determines the chances for people to have the interview waived? On the surface it sounds lovely and stress-free, but I noticed there were a number of people who got interview waivers. It seems to be a two-edged sword because I saw some people had been waiting 10 and 11 months after the being informed they had received a waiver and still hadn't received their greencards.

The ones that I know get their interview waived are the sons and K-1ers. If you're AOSing from tourist or student visa based on marriage, they always interview.

[blahblahblog 36]

Yelli, I think it is definitely safe to travel once you have the EAD (for those who didn't apply for AP of course), because that is proof of status/permission to be here. My previous status has expired and I didn't bother to apply for the AP because I knew I wouldn't be traveling out of the country until the AOS process was over and the gc is in my hand. So one of the reasons I have been hoping for speedy EAD arrival is so I feel comfortable flying within the country. Blahblahblog's info made me feel like looking for a cheap flight to somewhere for this weekend.lol

Thank you both! We are driving so not worried about flight, I think he's concerned in general about being out of status and the trip takes him out of his comfort zone. I'll make sure we travel with the documents!

Oh wow, I didn't not know any of this. I'm hoping we all get our GCs by November but in case some it does take that long now I know I can do it that way to travel to Vegas for my friend's wedding. She wants me to go so bad but with this whole situation (and my husband not wanting to go) I didn't think it would be possible.

So I guess if I have a valid passport (from Mexico) my AP and my NOAs I can travel by plane in November with that if I don't have my GC by then. Good to know, Thank you!

Yeah. To be clear, what I commented happens in practice, not the legal technicality. If you have a previous status that is still valid, than you are obviously good to go. If you went out of status and you are adjusting (regardless of when you filed the AOS), you're lawfully present but still out of status. That puts you in the grey zone. You don't yet have fully legal claim to stay in the country (which is why you can be detained and placed in front of an immigration judge), you just a very common legal argument that will prevent you from being deported.

Given that DHS has limited resources, they won't be arresting people that are AOSing (which is why I suggest to carry the I-797 with you). They prioritize people those that are working illegally (via I-9 audits in employers), those that are convicted criminals and those that are in border regions (because CBP can summarily deport people on the cheap).

So you will only be safe once you have the Green Card. But the I-797 for the I-485 and, later, the EAD/AP, are very decent safeguards against the overzealous ICE cop roaming an airport. They know that if you are AOSing and has no basis for that, you'll eventually be deported after they deny the I-485, so they don't care.

Edited July 3, 2015 by blahblahblog

[Carrie1978 2]

Got the letter for biometrics today!! Set for July 17, right before our vacation so I don't think we'll do early walk in. Happy Friday woo woo!

[Yelli 8]

Got the letter for biometrics today!! Set for July 17, right before our vacation so I don't think we'll do early walk in. Happy Friday woo woo!

Yay!