Pending AOS - "Authorised stay" vs "Legally present"

[JohnnyForeigner 35]

Because I filed for marriage based AOS while out of status ( overstay ) although I am in a period of "authorised stay", I am still technically overstaying and illegally present in US.

 

For 99% of day to day life this is not a problem.

 

However, any third party I approach that needs to run an immigration check on me, gets a result from ICE that I am "illegally present in US"

 

My local DMV submitted an enquiry to USCIS SAVE program. If legal status it comes back in seconds. If a problem it is delayed for review. Mine is under review.

 

I applied for a particular permit with Police ( I need it for my work ) and they ran their enquiry via ICE who replied that I am illegally present in US.

 

Having done some research, it looks like once I get advance parole, leave and return, I will get a new i-94 with a 12 month stay which MIGHT move me from "authorised stay" to "admitted until a certain date"

 

Just wondered if any of you guys submitted AOS as an overstayer ? Did your lack of status cause a problem for drivers license ?

 

Did you leave and return on advance parole ? Did you get a new i-94 ?

[Letspaintcookies 2,310]

Many have that problem at the DMV depending on the state regulations. Not just 'overstayers' but K1 applicants too while in the AOS process.  As soon as you get your EAD that problem should be resolved. Don't know about police background checks but probably them too. No need to travel for that.

[JohnnyForeigner 35]

1 minute ago, Letspaintcookies said:

Many have that problem at the DMV depending on the state regulations. Not just 'overstayers' but K1 applicants too while in the AOS process.  As soon as you get your EAD that problem should be resolved. Don't know about police background checks but probably them too. No need to travel for that.

I have my EAD.

 

Both enquiries were after I received it.

 

EAD makes no difference - still in authorised stay as opposed to on an visa unexpired visa etc - so technically illegally present.

Edited December 19, 2022 by JohnnyForeigner

[Crazy Cat 41,806]

3 minutes ago, JohnnyForeigner said:

I have my EAD.

 

Both enquiries were after I received it.

 

EAD makes no difference - still in authorised stay as opposed to on an visa unexpired visa etc - so technically illegally present.

In which state are you applying for a DL?

[Letspaintcookies 2,310]

2 minutes ago, JohnnyForeigner said:

I have my EAD.

 

Both enquiries were after I received it.

 

EAD makes no difference - still in authorised stay as opposed to on an visa unexpired visa etc - so technically illegally present.

EAD makes a difference for many as they now can present a document that is accepted by many agencies as proof of their authorized stay.

 

Sorry that it doesn't work for you. Tried a different DMV office?

[K1visaHopeful 2,810]

Let's start with....

How are you legally working in the US if you were a K1 and have just filed AOS?

[Ontarkie 14,214]

~~Moved to AOS from S, W, & T Visas, from AOS from K1 P&P~~

[Boiler 45,442]

I have never heard of anywhere that does not allow you to get a DL with EAD.

 

I have come across quite a few Offices or perhaps Officers who do not know what they are doing. There is a reason the DMV has a reputation.

 

Did you obtain a SSN.

[Letspaintcookies 2,310]

33 minutes ago, K1visaHopeful said:

Let's start with....

How are you legally working in the US if you were a K1 and have just filed AOS?

OP might be just posting in the 'wrong' AOS channels. K1 instead of others. OP also said they have an EAD and need a police clearance for work. Probably to even start.

Edited December 19, 2022 by Letspaintcookies

[iwannaplay54 985]

2 hours ago, JohnnyForeigner said:

Because I filed for marriage based AOS while out of status ( overstay ) although I am in a period of "authorised stay", I am still technically overstaying and illegally present in US.

 

For 99% of day to day life this is not a problem.

 

However, any third party I approach that needs to run an immigration check on me, gets a result from ICE that I am "illegally present in US"

 

My local DMV submitted an enquiry to USCIS SAVE program. If legal status it comes back in seconds. If a problem it is delayed for review. Mine is under review.

 

I applied for a particular permit with Police ( I need it for my work ) and they ran their enquiry via ICE who replied that I am illegally present in US.

 

Having done some research, it looks like once I get advance parole, leave and return, I will get a new i-94 with a 12 month stay which MIGHT move me from "authorised stay" to "admitted until a certain date"

 

Just wondered if any of you guys submitted AOS as an overstayer ? Did your lack of status cause a problem for drivers license ?

 

Did you leave and return on advance parole ? Did you get a new i-94 ?

A USCIS I485 receipt, EAD card, and SS card are generally the “status docs” to obtain a DL.  What state are you applying in?

[SalishSea 17,801]

1 hour ago, K1visaHopeful said:

Let's start with....

How are you legally working in the US if you were a K1 and have just filed AOS?

Sounds like it was an overstay from a nonimmigrant visa, not a K-1.

 

OP, choosing to overstay and AOS (rather than going through the proper channels for an immigrant visa) does result in being in limbo in some ways.  That’s just the deal.

[carmel34 3,620]

4 hours ago, JohnnyForeigner said:

However, any third party I approach that needs to run an immigration check on me, gets a result from ICE that I am "illegally present in US"

You received an NOA, I-797C back in April for filing the I-485, which is proof of your authorized stay until the I-485 is adjudicated, so you are not illegally present in the USA.  You can get a driver's license in the State of Georgia with the NOA I-797C for the I-485, plus your foreign passport.  Georgia calls it "lawful status," and your status of authorized stay is lawful because you have a pending I-485.  See attached for the official list from the Georgia Department of Driver Services.  Ask for a supervisor, show them the list of documents from their own website, and point out that an acceptable document is an I-797C for a pending I-485 adjustment of status application.

Real ID Non-U.S. Citizens 122021.pdf

[carmel34 3,620]

4 hours ago, K1visaHopeful said:

Let's start with....

How are you legally working in the US if you were a K1 and have just filed AOS?

OP filed an I-485, I-765, and I-131 in April following marriage to a USC, was out of status before that.  OP received EAD in November and is still waiting for AP.  I-485 is pending (From OP's previous posts.)

[JohnnyForeigner 35]

6 hours ago, Crazy Cat said:

In which state are you applying for a DL?

GA.

Does not matter which office as they all submit an enq to USCIS Save program to check status.

[JohnnyForeigner 35]

4 hours ago, iwannaplay54 said:

A USCIS I485 receipt, EAD card, and SS card are generally the “status docs” to obtain a DL.  What state are you applying in?

GA.

 

As I said - I am in a period of "authorised stay" based on pending AOS. But that still leaves me as an overstayer on my i-94.

 

Authorised stay is NOT lawful presence.