What allows authorized stay?

[Bars&Saqi 120]

Hello everyone,

We just applied for my husband's AOS, and his I94 expires on February 20.

I know he has a period of authorized stay if he has the AOS NOA1, which is why we planned to file in a way so that he can have the NOA before his I94 expires. However, just to be safe, I want him to carry the document from USCIS which states that he is in authorized stay if he has a pending I485 that has yet to be adjudicated. I know the chances of him needing it are slim, but I would rather have factual evidence that he is not out of status if it comes to that.

I tried finding it for hours but no dice. Any help would be appreciated!

 

[igoyougoduke 1,656]

it is your I-485 acceptance receipt. 

[Crazy Cat 41,851]

The "authorized stay" is granted by the US Attorney General.

[Bars&Saqi 120]

10 minutes ago, missileman said:

The "authorized stay" is granted by the US Attorney General.

Thank you for your reply. Can you link me somewhere it says that?

Or will it say that on the NOA1?

I am just trying to be prepared for anything I guess and be able to provide something to an official in case they challenge his authorized stay.

[igoyougoduke 1,656]

25 minutes ago, Bars&Saqi said:

Thank you for your reply. Can you link me somewhere it says that?

Or will it say that on the NOA1?

I am just trying to be prepared for anything I guess and be able to provide something to an official in case they challenge his authorized stay.

lol no one will challenge that. you can read through the immigration manual on uscis.

[AGF 146]

hi OP,
 

https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-3

 

I’m not sure if this will help, but you can check:

[Crazy Cat 41,851]

26 minutes ago, Bars&Saqi said:

Thank you for your reply. Can you link me somewhere it says that?

Or will it say that on the NOA1?

I am just trying to be prepared for anything I guess and be able to provide something to an official in case they challenge his authorized stay.

The NAO1 will not say anything about authorized stay.  The NAO1 has the reference number which can be traced to indicate the person has, in fact, submitted an I-485.

 

Here is a link to an attorney page which refers to authorized stay.

https://www.rnlawgroup.com/h-1b/609-the-nuances-of-lawful-status-period-of-authorized-stay-unlawful-presence

[geowrian 22,337]

13 minutes ago, AGF said:

hi OP,
 

https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-3

 

I’m not sure if this will help, but you can check:

1) This is for COS and EOS only, actually. That's via an I-539. OP's case is AOS (I-485). The same concept applies, but that's not what the section is talking about.

 

2) That covers validity of filing an I-485 while there is a COS or EOS application pending. Normally, overstay prevents approval of an I-485, but this section of the policy manual points out that the I-485 can still be filed after I-94 expiration. The IO would hold adjudication of the I-485 until after the I-539 is adjudicated, then determine if the applicant was out of status or not at time of filing the I-485.

The OP's case is an IR of a USC, being out of status at the time of filing is not a bar for AOS purposes.

 

Edited January 10, 2020 by geowrian

[AGF 146]

Thank you for correcting me @geowrian.. apologies for the wrong info OP..