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

[JohnnyForeigner 35]

2 hours ago, carmel34 said:

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 148.69 kB · 1 download

You need to google authorised stay vs lawful presence. The former is an authority granted by Sec of DHS to remain pending AOS. It is NOT lawful presence.

 

And it is not a member of DMV staff making a mistake. They input my info and are guided by the reply from SAVE program. It takes a few seconds if lawful presence. Mine came back as "under review" and has been for weeks.

 

As regards the police permit re my specialised work - I have a letter confirming that ICE state I am illegally in USA ........BUT authorised to stay pending AOS.

Edited December 20, 2022 by JohnnyForeigner

[JohnnyForeigner 35]

I was just hoping that somebody else here might have submitted AOS out of status OR had i-94 expire while waiting for AOS.

 

And wondered what their new i-94 stated when the left and returned on Advance Parole ?

 

As it stands, I fully understand that for 99% of day to day stuff, "authority to stay" is sufficient but it is impeding my drivers license and that permit I need for my specialist job. 

[iwannaplay54 985]

7 minutes ago, JohnnyForeigner said:

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.

So is a K1.  What is Georgia asking you to provide.  

[Boiler 45,442]

1 minute ago, JohnnyForeigner said:

I was just hoping that somebody else here might have submitted AOS out of status OR had i-94 expire while waiting for AOS.

 

And wondered what their new i-94 stated when the left and returned on Advance Parole ?

 

As it stands, I fully understand that for 99% of day to day stuff, "authority to stay" is sufficient but it is impeding my drivers license and that permit I need for my specialist job. 

Me and every K1 has had I 94 expire.

 

I do not think I had a I 94 after using AP. Pretty sure I did not.

 

Also got DL after EAD issued.

[JohnnyForeigner 35]

4 hours ago, carmel34 said:

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 148.69 kB · 1 download

This is the letter given to me by the SUPERVISOR at GA driver services ( DMV )

 

Edited December 20, 2022 by Ontarkie
attachment removed, personal information showing

[JohnnyForeigner 35]

12 minutes ago, iwannaplay54 said:

So is a K1.  What is Georgia asking you to provide.  

I provided proof of address x 2

EAD

Receipt for i-485

SSN

Passport

 

Everything they required. They said docs ok but USCIS Save program did not confirm my status.

 

Edited December 20, 2022 by JohnnyForeigner

[JohnnyForeigner 35]

9 minutes ago, Boiler said:

Me and every K1 has had I 94 expire.

 

I do not think I had a I 94 after using AP. Pretty sure I did not.

 

Also got DL after EAD issued.

I would really appreciate if you would check - this is the info I really need.

 

https://www.google.com/url?sa=t&source=web&rct=j&url=https://i94.cbp.dhs.gov/&ved=2ahUKEwjg5JXm_Ib8AhUummoFHRMeA_EQFnoECBgQAQ&usg=AOvVaw17atl00YsowTa4Vh29trhl

 

Uscis website where you can check your most recent 1-94/s

[JohnnyForeigner 35]

This is the relevant paragraph ftom the police letter - cannot show full letter for security reasons.

 

 

 

Edited December 20, 2022 by Ontarkie
attachment removed, personal information showing

[Boiler 45,442]

I used AP well after I got my DL, back in those days EAD was a couple of months and then I did my test.

 

I would check the GA DMV site, I assume you have the necessary documentation.

[iwannaplay54 985]

2 hours ago, JohnnyForeigner said:

This is the letter given to me by the SUPERVISOR at GA driver services ( DMV )

 

You have a SAVE case number.  Check it from time to time.  There is something not updated.
If you are pending AOS, have an EAD authorizing you to work, then you are legally authorized to stay.  You have exactly what you need to get a DL.   Unlike the Republic of Texae Ga DMV employees probably don’t know how to use computers.  

Edited December 20, 2022 by Ontarkie
edited quote to remove attachment containing personal information

[JohnnyForeigner 35]

5 minutes ago, Boiler said:

I used AP well after I got my DL, back in those days EAD was a couple of months and then I did my test.

 

I would check the GA DMV site, I assume you have the necessary documentation.

My research seems to indicate that using AP and returning will generate a new 12 month i-94 which would solve my out of status problem.

 

Just need to find someone who actually did it - hence my asking you to check.

 

Mine shows my long "expired leave by" date and no reference to authorised stay etc.

[JohnnyForeigner 35]

3 minutes ago, iwannaplay54 said:

You have a SAVE case number.  Check it from time to time.  There is something not updated.
If you are pending AOS, have an EAD authorizing you to work, then you are legally authorized to stay.  You have exactly what you need to get a DL.  

I am saying this again - authorised stay is NOT Legal Presence. Legal presense is clearly defined in legislation as admitted by visa or parole.

Edited December 20, 2022 by JohnnyForeigner

[iwannaplay54 985]

1 minute ago, JohnnyForeigner said:

My research seems to indicate that using AP and returning will generate a new 12 month i-94 which would solve my out of status problem.

 

Just need to find someone who actually did it - hence my asking you to check.

 

Mine shows my long "expired leave by" date and no reference to authorised stay etc.

Your authorized stay is determined by USCIS and has nothing to do with whatever the IO at the airport typed in when you entered.

[JohnnyForeigner 35]

2 minutes ago, iwannaplay54 said:

Your authorized stay is determined by USCIS and has nothing to do with whatever the IO at the airport typed in when you entered.

I know that my authorised stay is granted by Sec of DHS.

 

But my question is, will the new i-94 generated by the IO who paroles me into the US give me lawful precence as opposed to authorised stay.

 

There is a subtle difference between the two.

[iwannaplay54 985]

1 minute ago, JohnnyForeigner said:

I am saying this again - authorised stay is NOT Legal Presense. Legal presense is clearly defined in legislation as admitted by visa or parole.

It’s spelled presence.  
 

I do not need the rules explained to me