What Kind Of Status is Assigned Once Form I-765 Has Been Approved While I-485 is Pending?

[TineCW 1]

Hi there,

 

I've got a different post here  however, thought this question warrants a separate post. 

 

I am a Dutch citizen who entered the US on the VWP and got married to a US citizen. My partner had submitted Form I-130 to establish our relationship and it was approved eight months later. We didn't file Forms I-485 and I-765 concurrently with the I-130 and are doing so now. 

 

Does anyone know, once I-485 has been filed together with I-765, will my status change from "pending adjustment of status" to something else after Form I-765, Authorization for Employment has been approved; which, from what I read is supposed to be approved faster than I-485. In other words, when I am authorized to work in the US am I assigned a lawful status? 

 

As a side note, I've got a little bit of an issue here with DMV because they have refused to extend my US driver's license for the fourth time until I can provide them with some type of lawful status. I am hoping for a lawful status based on my work authorization. 

Edited May 22, 2018 by TineCW

[Jojo92122 1,924]

The EAD is just that, an employment authorization document.  It does not change your status.  You will remain "pending adjustment of status" until the green card is granted or denied.  You are in lawful status to be in the US once the I-485 is received.  

Don't know about Oregon's DMV rules for undocumented immigrants.  Someone should be along soon to help you on this.

 

Edited May 22, 2018 by Jojo92122

[Crazy Cat 42,027]

You will not be assigned another official status.  You will be in "authorized stay" AKA "Pending AOS" status until your I-485 is approved. or denied.

[TineCW 1]

2 minutes ago, Jojo92122 said:

You are in lawful status to be in the US once the I-485 is received.

Thank you. Sounds like it is exactly what I need to hear. Let me recap it. So once I receive Form I-797C, Notice of Acton, this puts me in a lawful status?

 

PS The DMV in Oregon don't have any problems with issuing three 3-months extensions but once you are past 9 months it becomes increasingly difficult to get a fourth extension as they follow all these protocols and a whole slew of managers have to review your case, or so I was told at our DMV.

[Queenrey 1]

You can take your letter you got from uscis to the DMV. They will confirm you. I did so and 2 weeks later USCIS sent a consent letter to them and it was done. So you can take your i797c to them

[Jojo92122 1,924]

Yes.  Keep a copy of the notice with you if that gives you comfort if you get detained by ICE.  LOL

 

DMV is state govern, so the rules are different in every state.  Your EAD/AP may or may not meet their requirements.

 

[Teemo 252]

20 hours ago, TineCW said:

Does anyone know, once I-485 has been filed together with I-765, will my status change from "pending adjustment of status" to something else after Form I-765, Authorization for Employment has been approved; which, from what I read is supposed to be approved faster than I-485. In other words, when I am authorized to work in the US am I assigned a lawful status? 

 

As a side note, I've got a little bit of an issue here with DMV because they have refused to extend my US driver's license for the fourth time until I can provide them with some type of lawful status. I am hoping for a lawful status based on my work authorization. 

 

20 hours ago, Jojo92122 said:

 You are in lawful status to be in the US once the I-485 is received. 
 

This is not correct. You are not in lawful status once the I-485 is received, unless you are in lawful status from your original I-94. (for instance your H-1B is still valid). The I-485 places you in authorized stay from the Attorney General, which is not the same as lawful status. If you are a visitor overstay, you do not have lawful status now, you are just in authorized stay, which is a different term. 

 

When you receive your EAD, you are still in authorized stay, and it is lawful for you to work, and with AP, you are allowed to exit the country and not abandon your application. But you are not in lawful status as per the definition of that term. 

 

Your work authorization document, while not giving you "lawful status," is proof of your authorized stay and ability to work. This therefore entitles you to a state driver's license. Just take your EAD and social security card and whatever else they require and you can get a driver's license.