How can I prove I have authorized stay before my NOA1 arrives?

[JohnnyForeigner 34]

10 hours ago, OldUser said:

Do you have a real need to prove your status or is this hypotetical?

 

You're not out of status on July 10th as long as USCIS accepts the petition before it.

 

I would send AOS 2 weeks before July 10th minimum to ensure you don't go out of status.

They ARE out of status.

 

Authorised stay is NOT status.

 

Authorised stay is the Govt allowing you to stay pending AOS - that is DESPITE being out of status.

 

One VERY important area of life in the US this affects is firearms possession.

 

Whilst Authorised Stay allows you to get a driving licence (depending on state ) and many other activities - you are a prohibited person for firearms. This also applies to DACA. Allowed to stay. But technically illegal.

 

An employer ran a check on me while I was in period of authorised stay - the result came back "Illegally present in USA".

 

It is a very subtle difference. But you are still technically an overstayer / illegally in USA - the Authorised Stay is just the Govt delaying removal until result of AOS application.

Edited June 21, 2023 by JohnnyForeigner

[SalishSea 17,746]

This is the risk you take when choosing to adjust on an ESTA, and waiting until the very end of the authorized stay to do so.

[JohnnyForeigner 34]

In real terms, you have nothing to worry about.

You are authorised to remain until your AOS is approved or not.

 

For 99% of daily life - the subtle difference between Authorised Stay and Status will have zero effect on you.

 

Police generally do not care about your immigration status. And if they do - one phone call verifies your authorised stay.

 

Carry a photocopy of your receipt letter if you are worried.  

[Flamingjune 1]

5 hours ago, JohnnyForeigner said:

They ARE out of status.

 

Authorised stay is NOT status.

 

Authorised stay is the Govt allowing you to stay pending AOS - that is DESPITE being out of status.

 

One VERY important area of life in the US this affects is firearms possession.

 

Whilst Authorised Stay allows you to get a driving licence (depending on state ) and many other activities - you are a prohibited person for firearms. This also applies to DACA. Allowed to stay. But technically illegal.

 

An employer ran a check on me while I was in period of authorised stay - the result came back "Illegally present in USA".

 

It is a very subtle difference. But you are still technically an overstayer / illegally in USA - the Authorised Stay is just the Govt delaying removal until result of AOS application.

Going by this. What do you all think about the travel permit? Is it safe to travel with one while your application is pending and you are out of status?

[Verrou 1,960]

15 minutes ago, Flamingjune said:

Going by this. What do you all think about the travel permit? Is it safe to travel with one while your application is pending and you are out of status?

based on personal opinion, if im out of status i wont travel with advanced parole unless it's life and death situation. other might said different. im ultra traditional when it come to traveling out of the country

[Flamingjune 1]

10 minutes ago, HaroKitty said:

based on personal opinion, if im out of status i wont travel with advanced parole unless it's life and death situation. other might said different. im ultra traditional when it come to traveling out of the country

i agree with you. My lawyer advised against applying for one so I never did.

[Verrou 1,960]

3 minutes ago, Flamingjune said:

i agree with you. My lawyer advised against applying for one so I never did.

applying is fine. to have advance parole is fine. but just use when there's emergency and not for sightseeing or vacation.

i know a lot of lawyers didnt offer that AP because "more work" for them

 

u can do it yourself for i-131. my friend has lawyer that refused to file i-131 for her. i guide her to file on her own

Edited June 21, 2023 by HaroKitty

[Crazy Cat 41,611]

1 minute ago, Flamingjune said:

i agree with you. My lawyer advised against applying for one so I never did.

I have seen no people with valid AP documents denied entry into the US. 

[Mike E 11,739]

16 hours ago, Broster440 said:

I cannot send AOS before around the 5th or 6th, as I'm getting married on the 2nd July, and won't get my marriage certificate until the 3rd

So get married this week.

 

 

[Scandi 4,146]

6 hours ago, SalishSea said:

This is the risk you take when choosing to adjust on an ESTA, and waiting until the very end of the authorized stay to do so.

Yes, this is poor planning. There's zero reason to wait until the last day to send in the AOS. A marriage license shouldn't take longer than a week to get a hold of, then you marry at the court house - takes a few hours to a few days to get an appointment for the ceremony? Then you're married and ship the AOS as soon as you receive the marriage certificate (which in some counties can take a long while, but OP says for them it only takes a day). 

Edited June 21, 2023 by Scandi

[igoyougoduke 1,644]

22 hours ago, Broster440 said:

Can others on the forum please confirm that this is true? Everything I have read online suggests that you are wrong – that once my AOS packet is received, even if I am out of status, then I am given authorized stay until a decision on it has been made.

i recommend sitting in basement and not come out until NOA arrives . just kidding

 

Unless you are in the border states , state police will not ask for immigration status in most states.  dont freak out that much. just file paper work on time