Maybe stupid question

[tiberonsuave 0]

Nor should he.

t

Uncle sam doesn't care about breaking up a family

[meauxna 15]

Many of our I-94s have expired before AOS is complete. That doesn't make you illegal -- as soon as you apply for AOS, you have a legal status.

Not exactly.

Your visa has expired but if you married the petitioner you fulfilled the terms of your visa. Barring no other issues during those 90 days - all is good.

But you are not a permanent resident until you receive your greencard.

You really don't have a 'legal' status. You are referred to as a 'petitioner to adjust status' or if you have EAD 'employment authorized alien'. Some government agencies consider you a 'legal non-permanent resident'.

But technically you have no immigrant 'category'.

hey r-jo,

Was looking for a quote to add to this thread--this is a good one for you too! (see thread)

http://britishexpats.com/forum/showpost.ph...mp;postcount=10

A FAQ here is whether or not an AOS applicant is "legal." The answer is indeterminate, but an AOS applicant IS what is called "PRUCOL" [permanent resident under color of law].

You can only give what you have -- the I-94, the EAD, receipt for pending adjustment application [e.g. the I-797's from NBC]. It is then up to the mortgage lender what they want to do.

__________________

"Folinskyinla"

Certified Specialist

Immigration & Nationality Law

Calif. Bar Board of Legal Specialization

(my bolding-meauxna)

PS: r-jo, fatbrit might be a good person to contact about the lending thing.

Edited February 20, 2007 by meauxna

[rebeccajo 14]

Thanks for bringing that post to my attention again Mo. I believe you've shared it here before and it's a good one. The 'indeterminate' part is how I derive the opinion that my husband's legal status is - well - not exactly.

I get bolloxed up with the fact that he is in no particular immigrant category and it bothers me he has none of the 'protections' of a clearly defined category. I also find it really weird that the US government would permit so many people to wander about in this gray area of the law. Unless their perspective is that they like it that way - having complete dominion over time traveller's in immigration purgatory.

[John & Annie 0]

I get bolloxed up with the fact that he is in no particular immigrant category and it bothers me he has none of the 'protections' of a clearly defined category. I also find it really weird that the US government would permit so many people to wander about in this gray area of the law. Unless their perspective is that they like it that way - having complete dominion over time traveller's in immigration purgatory.

Annie an I feel the same way.

this is a big issue with the Ombudsman. He slammed USCIS for this very thing. Who knows maybe change is a coming.

[tiberonsuave 0]

With an I-485 pending one does have a particular catagory.

t

Thanks for bringing that post to my attention again Mo. I believe you've shared it here before and it's a good one. The 'indeterminate' part is how I derive the opinion that my husband's legal status is - well - not exactly.

I get bolloxed up with the fact that he is in no particular immigrant category and it bothers me he has none of the 'protections' of a clearly defined category. I also find it really weird that the US government would permit so many people to wander about in this gray area of the law. Unless their perspective is that they like it that way - having complete dominion over time traveller's in immigration purgatory.

[John & Annie 0]

it is considered a "pending" status.

It shows you entered legally and are in process.

This is what drives the Ombudsman crazy.

The fact that we give interim benefits to someone who could be denied because USCIS can't get off of their duff's.