Legal status while applying for aos.

[laurak29 19]

Hi everyone. My EA and AP were recently approved, AOS is still in processing. I was just wondering what my legal status is? Is it legal resident? Permanent resident? Or is that when the green card is approved? Thanks for any help!

[Pitaya 2,577]

"K1 Visa Holder:"

Here is a very basic overview:

You will become a (conditional) Legal Permanent Resident, AKA LPR, AKA Permanent Resident, AKA Green Card Holder, when your Adjustment of Status (AOS) is approved by USCIS. You will then receive your 2-year conditional Green Card.

http://www.uscis.gov/tools/glossary/lawful-permanent-resident-lpr

https://www.uscis.gov/green-card/green-card-processes-and-procedures/adjustment-status

After 21 months of (conditional) Legal Permanent Resident status, as evidenced by your 2-year conditional Green Card, you can apply to Remove Conditions (ROC) on your Legal Permanent Resident status (based on marriage). After ROC approval you will receive a 10-year Green Card (of course, there are exceptions).

https://www.uscis.gov/green-card/after-green-card-granted/conditional-permanent-residence/remove-conditions-permanent-residence-based-marriage

Good luck on your immigration journey.

Edited January 12, 2016 by Pitaya

[Hypnos 6,576]

You are an "applicant for permanent residence" or "adjustment of status pending".

[newacct 688]

If your K-1 I-94 is expired, then you don't have a status right now. You can stay in the US because you have a pending AOS. When AOS is approved, you become a permanent resident.

[KayDeeCee 4,893]

You are currently authorized to be in the US because you have filed for AOS, but there really is no status title other than 'adjustment applicant'. You will not become a lawful permanent resident until your AOS is approved and you have a green card.

[Yoveeta 36]

So it means till we get a green card we are out of status?

[Dashinka 24,493]

So it means till we get a green card we are out of status?

That is correct. In the eyes of USCIS you are out-of-status (illegal) after the I94 expires. As others have stated, this will be forgiven since you are in the AOS process. There is no real defined status beyond that.

[Darnell 8,478]

So it means till we get a green card we are out of status?

having an EAD card gives you some protection and status to do stuff inside of the USA - did you file for it in parallel with an adjustment of status casefile? if yes, the filing fee was waived

[Hypnos 6,576]

After you've filed an I-485 you are considered to be in a period of authorised stay and not out of status.

[IandR 0]

While waiting for AOS green card, your AOS NOA document is documentation of your current legal status in the USA.

[TBoneTX 45,284]

You are currently authorized to be in the US because you have filed for AOS, but there really is no status title other than 'adjustment applicant'. You will not become a lawful permanent resident until your AOS is approved and you have a green card.

This is the most accurate of the several good answers here. "Applicant for adjustment" or "adjustment applicant" is correct. (This from an immigration attorney whom I asked during our time in this status.)

While waiting for AOS green card, your AOS NOA document is documentation of your current legal status in the USA.

Yes. Keep your latest USCIS correspondence with you at all times. We never know when we'll encounter a CBP or other Federal agent.

[Henry357 70]

This is the most accurate of the several good answers here. "Applicant for adjustment" or "adjustment applicant" is correct. (This from an immigration attorney whom I asked during our time in this status.)

Yes. Keep your latest USCIS correspondence with you at all times. We never know when we'll encounter a CBP or other Federal agent.

I keep my NOA in a safe. Keeping it on you at all times isn't safe or practical.

I went through internal checkpoints in Texas a few times. Normally just showing my Canadian ID is fine. Once the Border Guard typed my name in the computer and it came up - he told me to get a Texas ID to prevent troubles...

Edited January 13, 2016 by Henry357

[Hypnos 6,576]

I keep my NOA in a safe. Keeping it on you at all times isn't safe or practical.

It's no more or less practical than having to carry your driving licence on you when you are driving a car, for example.

It's also federal law that an LPR 18 or over must carry their green card on their person at all times.

[laurak29 19]

Thank you so much everyone!!!

[TBoneTX 45,284]

The OP considers her question to have been answered, but the below warrants elaboration:

I went through internal checkpoints in Texas a few times. Normally just showing my Canadian ID is fine. Once the Border Guard typed my name in the computer and it came up - he told me to get a Texas ID to prevent troubles...

You've been fortunate. I didn't dream -- and would never have dreamed -- of taking Mrs. T-B. anywhere near those checkpoints without 100% documentation on her person. We always took everything that we had. In addition, see what Hypnos so accurately says above.

My long experience (>10 years) in going through the internal CBP checkpoints has enlightened me to the reality that the agents are frequently bored, can be in a foul mood, and are looking to nail someone. I don't trifle with the CBP, at POEs and especially at the internal checkpoints.

Beware -- in the strongest possible terms -- of the internal checkpoint south of Alpine. I -- a USC -- have driven a great many miles out of the way in order to avoid that one.

The border region isn't called the "de-Constitutionalized zone" for nothing.