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

[Boiler 45,443]

If you use AP you are Paroled in and certainly used to be a case that many Lawyers advised against using AP.

[iwannaplay54 985]

4 minutes ago, JohnnyForeigner said:

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.

NOBODY who is adjusting status has to leave and re-enter to re-set their status from “authorized to lawful”.

Where in the world do you get this nonsense from?

Edited December 20, 2022 by iwannaplay54

[JohnnyForeigner 35]

Just now, iwannaplay54 said:

It’s spelled presence.  
 

I do not need the rules explained to me

Do not shoot the messenger.

 

I spent hours on the phone today with USCIS and ICE.

 

Both explained to me that I am in a period of authorised stay. Both stated that I am illegally present in the US but that the Sec of DHS has authorised my stay. Same as they authorise stay if visa expires as opposed to overstay.

 

I am not simply guessing here. I am stating my immigration status as revealed to me by USCIS and ICE.

[iwannaplay54 985]

3 minutes ago, JohnnyForeigner said:

Do not shoot the messenger.

 

I spent hours on the phone today with USCIS and ICE.

 

Both explained to me that I am in a period of authorised stay. Both stated that I am illegally present in the US but that the Sec of DHS has authorised my stay. Same as they authorise stay if visa expires as opposed to overstay.

 

I am not simply guessing here. I am stating my immigration status as revealed to me by USCIS and ICE.

So they told you to exit and re-enter on AP?

 

LOL

 

Everyone adjusting status is “authorized pending adjustment of status”.  We already told you that.  When you are authorized to stay and authorized to work you are also qualified to obtain a drivers license.

Edited December 20, 2022 by iwannaplay54

[JohnnyForeigner 35]

2 minutes ago, iwannaplay54 said:

NOBODY who is adjusting status has to leave and re-enter to re-set their status from “authorized to lawful”.

Where in the world do you get this nonsense from?

I am not saying you have to.

 

In my case, lawful presence whether by admission or paroling in bt IO would be preferable to Authorised stay.

I know I can remain via authorised stay but it does not allow me to pass police generated immigration check vua ICE and DMV check via SAVE.

[iwannaplay54 985]

1 minute ago, JohnnyForeigner said:

I am not saying you have to.

 

In my case, lawful presence whether by admission or paroling in bt IO would be preferable to Authorised stay.

I know I can remain via authorised stay but it does not allow me to pass police generated immigration check vua ICE and DMV check via SAVE.

Good luck dude

[JohnnyForeigner 35]

Just now, iwannaplay54 said:

So they told you to exit and re-enter on AP?

 

LOL

 

Everyone adjusting status is “authorized pending adjustment of status”.  We already told you that.

I do not know why you are being like this.

 

I called them to enquire why I was shown as illegally present. Like you I thought I was legally present by virtue of authorised stay.

 

They did not advise me. They said they can only confirm my status as illegally present and not give legal advice.

[Bob in Boston 698]

my wife was here 24 years befor she met me. We married, filed all the aos paperwork, got combo card ead/ap card. Went straight to SS and got a number 2 weeks later. off to DMV and got State ID (she does not drive) got her Job. and then her green card. her past never came up as a problem. Could be the way you present yourself to these different agencies. most jobs do theit own background checks (Called Cori Checks) and it does take a bit for your updated info to get in the system as the agencies involved do not talk to each other in the back ground.

[Bob in Boston 698]

1 minute ago, JohnnyForeigner said:

I do not know why you are being like this.

 

I called them to enquire why I was shown as illegally present. Like you I thought I was legally present by virtue of authorised stay.

 

They did not advise me. They said they can only confirm my status as illegally present and not give legal advice

As I said it takes a while, all these different agencies do not talk to each other, not on same computer system

[JohnnyForeigner 35]

5 minutes ago, iwannaplay54 said:

Good luck dude

I am sure you will still think I am wrong but here it is - from the USCIS own manual.

 

The last line. Just because you have authorised stay does not automatically mean you are lawful immigration status.

 

As the title says there is a DIFFERENCE between the two.

[Bob in Boston 698]

29 minutes 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.

WE did it, YOU WILL NOT GET A NEW I-94. You are not here on a visa You are Paroled back into the country

Edited December 20, 2022 by Bob in Boston

[JohnnyForeigner 35]

5 minutes ago, Bob in Boston said:

As I said it takes a while, all these different agencies do not talk to each other, not on same computer system

USCIS themselves have confirmed to me that I am unlawfully present ( overstay ) but in a period of authorised stay granted by secretary of DHS.

[JohnnyForeigner 35]

1 minute ago, Bob in Boston said:

WE did it, YOU WILL NOT GET A NEW I-94. You are not here on a visa You are Paroled back into the country

Thanks for that info. Can you do me a huge favour and check if you were given an electronic i-94 ? You can use the link in a previous reply. In case you were given electronic one rather than paper one.

[Bob in Boston 698]

3 minutes ago, JohnnyForeigner said:

Thanks for that info. Can you do me a huge favour and check if you were given an electronic i-94 ? You can use the link in a previous reply. In case you were given electronic one rather than paper one.

paper ones are long gone. no electric one either. You are Paroled back into the states so no 94 is given.

Edited December 20, 2022 by Bob in Boston

[JohnnyForeigner 35]

2 minutes ago, Bob in Boston said:

paper ones are long gone. no electric one either

Damn. I was hoping it did. As per my research.