AOS deadline???

[ram1009 43]

56 minutes ago, missileman said:

https://asistahelp.org/wp-content/uploads/2018/10/USCIS-Interoffie-Memo-Consolidation-Guidance-Concerning-Unlawful-Presence-for-Purposes-of-Aections-212a9Bi-and-212a9C.pdf

 

https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/2015/unlawful_presence_memo_06_12_2002.pdf

That's pretty cryptic stuff.  I would not like being in custody long enough for local authorities to interpret it.  It will take a while to digest it all but I have a couple of comments at first glance.  There's an "example" at the bottom of page 9 of the first document that says exactly what I said about being subject to deportation.  Also, on first glance, I doubt the second document applies to K1 applicants.  BTW, what list are you on to obtain docs like this?  I'll be back after reading more.

Edited February 24, 2020 by ram1009

[Crazy Cat 41,981]

34 minutes ago, ram1009 said:

That probably is true but if the I94 has expired ( it is only issued for 90 days) that status will be "illegal".  The USCIS regulations I've read state pretty clearly that the I 797 issued after an AOS filing is for information only and does NOT grant any immigration benefit of any kind.  I've heard the statement about the US attorney General from more than one source (including yourself) but I cannot find it in the regs.  I believe that people with a pending AOS are subject to deportation at any time.  I hope there aren't any ICE agents reading this.

Can you find a single case of deportation of an  individual who had properly filed an I-485?  Once a properly filed I-485 has been received by USCIS, then the US Attorney General grants that person "authorized stay" while it is pending.  The documents I linked above clearly explain that authorized stay is not a legal status.  It is basically a deferment of status.

[Crazy Cat 41,981]

1 minute ago, ram1009 said:

That's pretty cryptic stuff.  It will take a while to digest it all but I have a couple of comments at first glance.  There's an "example" at the bottom of page 9 of the first document that says exactly what I said about being subject to deportation.  Also, on first glance, I doubt the second document applies to K1 applicants.  BTW, what list are you on to obtain docs like this?  I'll be back after reading more.

LOL.  I agree that those memorandums are quite complex, and they address a whole host of situations and examples.... 

[ram1009 43]

3 minutes ago, missileman said:

Can you find a single case of deportation of an  individual who had properly filed an I-485?  Once a properly filed I-485 has been received by USCIS, then the US Attorney General grants that person "authorized stay" while it is pending.  The documents I linked above clearly explain that authorized stay is not a legal status.  It is basically a deferment of status.

Your docs also make it clear that the person with a pending AOS is subject to deportation the entire time which is definitely months and could be years.  And NO, I can't prove anyone has been deported like this.  Can you prove anybody hasn't?????

[Crazy Cat 41,981]

2 minutes ago, ram1009 said:

Your docs also make it clear that the person with a pending AOS is subject to deportation the entire time which is definitely months and could be years.  And NO, I can't prove anyone has been deported like this.  Can you prove anybody hasn't?????

Can't prove a negative.  

[Crazy Cat 41,981]

 

https://www.murthy.com/2018/12/17/differences-between-lawful-status-period-of-authorized-stay-unlawful-presence-2/

[Cyberfx1024 7,980]

1 hour ago, ram1009 said:

Your docs also make it clear that the person with a pending AOS is subject to deportation the entire time which is definitely months and could be years.  And NO, I can't prove anyone has been deported like this.  Can you prove anybody hasn't?????

Yes, they are subject to deportation but I haven't heard of a case where someone who filed the AOS paperwork has been deported. I have heard of cases where people that came on a K1 visa that didn't file for AOS after their authorized stay was completed were specifically told to file for AOS or risk deportation. 

[ram1009 43]

13 hours ago, missileman said:

 

https://www.murthy.com/2018/12/17/differences-between-lawful-status-period-of-authorized-stay-unlawful-presence-2/

I wish I could find that paragraph in the USCIS regs.

[ram1009 43]

On 2/24/2020 at 6:13 AM, missileman said:

https://asistahelp.org/wp-content/uploads/2018/10/USCIS-Interoffie-Memo-Consolidation-Guidance-Concerning-Unlawful-Presence-for-Purposes-of-Aections-212a9Bi-and-212a9C.pdf

 

https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/2015/unlawful_presence_memo_06_12_2002.pdf

I've been picking my way through that 51 page memo and example 2 on page 10 is worthy of mention.  It clearly depicts a typical K1 situation and states (also clearly) that the legal AOS pending petitioner is subject to deportation as long as the AOS has not been favoribly adjudicated.  There's no mention of the AG.

[Crazy Cat 41,981]

8 minutes ago, ram1009 said:

I've been picking my way through that 51 page memo and example 2 on page 10 is worthy of mention.  It clearly depicts a typical K1 situation and states (also clearly) that the legal AOS pending petitioner is subject to deportation as long as the AOS has not been favoribly adjudicated.  There's no mention of the AG.

How does a K-1 get an I-485 adjudicated in 90 days?

[waysoftheshadow 24]

Considering one of the requirements of applying for adjustment of status is that you are not allowed to leave the country, then you are allowed authorized stay.

 

"Adjustment of status is the process that you can use to apply for lawful permanent resident status (also known as applying for a Green Card) when you are present in the United States. This means that you may get a Green Card without having to return to your home country to complete visa processing."

https://www.uscis.gov/greencard/adjustment-of-status

 

 

[waysoftheshadow 24]

If You Need to Travel

If you need to leave the United States temporarily while your Form I-485 is pending, please see the instructions for Form I-131, Application for Travel Document, for more information. Generally, if you have a pending Form I-485 and you leave the United States without an advance parole document, you will have abandoned your application. For further information, see our Travel Documents page.

 

https://www.uscis.gov/greencard/while-application-is-pending

 

you have to have special permission to leave the country while your application is pending. why would they deport you to another country then if your application is pending? 

[midwinterrose 275]

5 hours ago, ram1009 said:

I've been picking my way through that 51 page memo and example 2 on page 10 is worthy of mention.  It clearly depicts a typical K1 situation and states (also clearly) that the legal AOS pending petitioner is subject to deportation as long as the AOS has not been favoribly adjudicated.  There's no mention of the AG.

I also dug deep into the manuals and laws and I came to the same conclusion, but no one here seems to want to believe it:

 

 

However, it's pretty blatantly stated by USCIS:
 

D. Difference between Lawful Immigration Status and Period of Authorized Stay

Lawful immigration status is distinct from being in a period of authorized stay. Periods of authorized stay are only relevant when determining a foreign national’s accrual of unlawful presence for inadmissibility purposes. ^[17] Although a foreign national in a lawful immigration status is also in a period of authorized stay, the opposite is not necessarily true. Those in a period of authorized stay may or may not be in a lawful immigration status.

Officers consider the difference between lawful immigration status and a period of authorized stay whendetermining whether a foreign national is in lawful immigration status for purposes ofthe INA 245(c)(2) adjustment bar.

E. Effect of Pending Application or Petition

A pending application to extend or change status (Form I-129 or Form I-539), a pending adjustment application, or a pending petition does not confer lawful immigration status on a foreign national. In addition, a pending application or petition does not automatically afford protection against removal if the foreign national’s status expires after submission of the application.The foreign national may have no actual lawful status in the United States and may be subject to removal proceedings unless and until the extension of stay (EOS) application, change of status (COS) application, adjustment application, or petition is approved. 

Edited February 27, 2020 by radharose
ETA

[Lil bear 4,252]

On 2/25/2020 at 12:31 AM, ram1009 said:

That probably is true but if the I94 has expired ( it is only issued for 90 days) that status will be "illegal".  The USCIS regulations I've read state pretty clearly that the I 797 issued after an AOS filing is for information only and does NOT grant any immigration benefit of any kind.  I've heard the statement about the US attorney General from more than one source (including yourself) but I cannot find it in the regs.  I believe that people with a pending AOS are subject to deportation at any time.  I hope there aren't any ICE agents reading this.

Authorised stay while the APS is pending is not the same as having an immigration benefit. Should the AOS be denied then the authorised stay immediately goes away and the person is in illegal stay and must leave immediately. Immigration benefit is being granted a lawful resident status 

[ram1009 43]

6 hours ago, Lil bear said:

Authorised stay while the APS is pending is not the same as having an immigration benefit. Should the AOS be denied then the authorised stay immediately goes away and the person is in illegal stay and must leave immediately. Immigration benefit is being granted a lawful resident status 

I don't see how you can say the granting of an "authorized stay" isn't a benefit.  The NOA 1 acknowledges a receipt of the I-485 and provides a tracking number to determine the (possibly) evolution of the pending status.  There are many issues concurrent with the pending AOS that could make the immigrant "out of status", all of which subject the immigrant to deportation.  This condition persists until the AOS is adjudicated, which is (at least) many months and could be years.  I am still unable to find any regs mentioning the AG.