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

[Bob in Boston 701]

do you have a combo card? AP/EAD? why do you want a new I-94. ?

 

[Mike E 11,739]

Relevant:

 

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

[JohnnyForeigner 35]

1 minute ago, Bob in Boston said:

do you have a combo card? AP/EAD? why do you want a new I-94. ?

 

I have a EAD only. AP expected very shortly.

 

Because for the purpose of a special permit I need to do with my line of work. It is not granted if "unlawfully present" is my immigration status.

[Bob in Boston 701]

17 minutes ago, JohnnyForeigner said:

Because for the purpose of a special permit I need to do with my line of work. It is not granted if "unlawfully present" is my immigration status.

no easy way around it. Your status will not change until you get your green card. it is what it is. you are a work in progress, to fix your past sins you must wait until they make you a perminant resident. if you left the country with out AP you would not be let back in for many years till your bar has been served. Dont push your luck. find another job until you are truly a perminant resident. 

[iwannaplay54 985]

42 minutes ago, JohnnyForeigner said:

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.

I’ve been here on this site since 2006.  I do not need the policy manual read to me by someone fresh off a beached boat.

 

Again, good luck

[JohnnyForeigner 35]

Just now, Bob in Boston said:

no easy way around it. Your status will not change until you get your green card. it is what it is. you are a work in progress, to fix your past sins you must wait until they make you a perminant resident. if you left the country with out AP you would not be let back in for many years till your bar has been served. Dont push your luck. find another job until you are truly a perminant resident. 

Agreed - Until either the petition for alien relative is approved or the AOS itself I am just playing a waiting game. 

 

Unfortunately Atlanta has longest backlogs - 80% in 32.5 months !

 

 

[P055UM 281]

As @Boiler said many K1s (myself included) get their DL after I94 expires. I know you aren’t K1 but idk why yours is different. Good luck all the same. 

[JohnnyForeigner 35]

1 minute ago, iwannaplay54 said:

I’ve been here on this site since 2006.  I do not need the policy manual read to me by someone fresh off a beached boat.

 

Again, good luck

You seem like such a nice person.

 

I only provided proof because you seemed to think authorised stay = lawful presence.

 

Anyway - thanks for all your input.

[JohnnyForeigner 35]

2 minutes ago, AW1704 said:

As @Boiler said many K1s (myself included) get their DL after I94 expires. I know you aren’t K1 but idk why yours is different. Good luck all the same. 

The drivers license is the least of my worries. I have a OR one already. I am supposed to change for GA one but cannot so they gave me a letter for police to see if stopped.

 

Its more about legal immigration status so I can get a decent job in my specialised field. Other than that its a min wage unskilled job.

[P055UM 281]

9 hours ago, JohnnyForeigner said:

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

 

7 minutes ago, JohnnyForeigner said:

The drivers license is the least of my worries

Ok.

 

good luck. 

[powerpuff 6,697]

Some jobs just do not hire those with an EAD,  they require a GC. One example is pilots. Seems like the specialized work you mention doesn’t hire EAD holders and you will have to wait to become an LPR

[JohnnyForeigner 35]

13 minutes ago, AW1704 said:

 

Ok.

 

good luck. 

Ideally I would like to resolve the license issue but the work clearance is more important.

Thanks for your input and your good wishes.

[Ontarkie 14,218]

~~Multiple posts edited to removed attachments with personal information showing.~~

 

 

Mod hat off

 

The letter from the DMV is not unusual and happens a lot. It just means they can't find you in the system, try again later. Happened to me with my K1 took more then a couple of weeks, thinking maybe a month. Wish I could remember exactly, but I've slept since then. It happens a lot with K1's who change their last name before they file for AOS. The system is not smart enough to look for maiden name searches. Name changes are one of many reasons why it can't find someone. My guess it is your address change that is contributing to the system failure. If you haven't updated your address yet do so now. If you have call and check to see if it has actually been updated. 

 

Now with your going back and forth about authorized stay vs legal stay you are correct they are not the same. But most of the time it's only an issue if you leave the country before you complete your AOS. Since all that time you were here out of status is right back where it was previously and lands you with an overstay. Now since you want to work in one of the few fields that require you to be a permanent resident or USC, you have come to find out that authorize and legal are not equal. That's a bummer and nothing to do but wait it out. 

[Lil bear 4,189]

45 minutes ago, JohnnyForeigner said:

The drivers license is the least of my worries. I have a OR one already. I am supposed to change for GA one but cannot so they gave me a letter for police to see if stopped.

 

Its more about legal immigration status so I can get a decent job in my specialised field. Other than that its a min wage unskilled job.

You will not have legal immigrant status until your AOS is approved. If your prospective job requires either LPR or USC status in order to work, then you will have to wait. All jobs require authorization to work ( like EAD) some require LPR or USC, some require USC. No way round it. Find another job in the interim or wait it out 

[JohnnyForeigner 35]

42 minutes ago, Ontarkie said:

~~Multiple posts edited to removed attachments with personal information showing.~~

 

 

Mod hat off

 

The letter from the DMV is not unusual and happens a lot. It just means they can't find you in the system, try again later. Happened to me with my K1 took more then a couple of weeks, thinking maybe a month. Wish I could remember exactly, but I've slept since then. It happens a lot with K1's who change their last name before they file for AOS. The system is not smart enough to look for maiden name searches. Name changes are one of many reasons why it can't find someone. My guess it is your address change that is contributing to the system failure. If you haven't updated your address yet do so now. If you have call and check to see if it has actually been updated. 

 

Now with your going back and forth about authorized stay vs legal stay you are correct they are not the same. But most of the time it's only an issue if you leave the country before you complete your AOS. Since all that time you were here out of status is right back where it was previously and lands you with an overstay. Now since you want to work in one of the few fields that require you to be a permanent resident or USC, you have come to find out that authorize and legal are not equal. That's a bummer and nothing to do but wait it out. 

Thanks Ontarkie.

 

Actually I thought that at first ! My move from OR to GA or something.

 

But as I said, USCIS and then ICE confirmed it for me - no mistake - just a difference between legal status and authorised stay.

 

USCIS Save program say they give a reply to DMV with either positive or negative result in 20 business days so I should have something definitive on the drivers license at least, in a few days.

 

The employer is happy with me being pending AOS and having EAD. It is the "unlawfully present" immigration status that is impeding me.

 

I had hoped that exit and re-entry on AP might help with new I-94 ( in the way it gives DACA individuals "inspected entry" where they previously had entered uninspected ) in giving me lawful presence.

 

Hence my question here - hoped someone else experienced the same thing.

40 minutes ago, Lil bear said:

You will not have legal immigrant status until your AOS is approved. If your prospective job requires either LPR or USC status in order to work, then you will have to wait. All jobs require authorization to work ( like EAD) some require LPR or USC, some require USC. No way round it. Find another job in the interim or wait it out 

Thanks lil bear.

Edited December 20, 2022 by JohnnyForeigner