about if I can stay in the USA while my adjustment is in process (merged)

[GracielaGuerra 2]

no, mi sponsor of mi visa. not my spouse.

I mean my J-1visa sponsor, not my husband's.

 

My visa ends in July and I will not renew it because I don't know if it will interfere with my change of status, I will only apply for the change of status and I will be living with it until I am allowed to work.

 

 

[Redro 4,611]

41 minutes ago, GracielaGuerra said:

no, mi sponsor of mi visa. not my spouse.

I mean my J-1visa sponsor, not my husband's.

 

My visa ends in July and I will not renew it because I don't know if it will interfere with my change of status, I will only apply for the change of status and I will be living with it until I am allowed to work.

 

 

Congrats on the new marriage! 
one question: are you subject to the 2 year rule? 

[GracielaGuerra 2]

thank you!

 

no, mi visa says "bearer is not subject to section 212(E) two year rule does not apply"

 

I would like to know if I have to notify the J-1 visa sponsor about my marriage and my change of status. 😥

[Chancy 6,243]

3 hours ago, GracielaGuerra said:

I mean my J-1visa sponsor, not my husband's.

My visa ends in July and I will not renew it because I don't know if it will interfere with my change of status

 

Is your husband a US citizen?

 

Also for clarity, note that filing I-485 means you will be going through Adjustment of Status (AOS), not Change of Status (COS).  Those are 2 very different immigration processes -- AOS gets you a green card, while COS will never do.

 

As for notifying your J1 sponsor, it depends on your agreement/contract with the sponsor.  For the US government, there is no requirement to do so.  But I have read about J1 visa holders who had contracts that included a clause for I-485 filing being grounds for termination of the program.

 

[GracielaGuerra 2]

Yes, my husband is a US citizen.

 

I am applying for is adjustment of status (AOS).

 

I just read my contract with my sponsor of my J-1 visa and it says that if I would be subject to law 212(E) even if I was married I still have to return to my country for two years, but on my visa it says no That law applies to me and it also does not say anywhere that for making the adjustment of status they cancel my contract.

 

the contract only mentions:
1. two year home-country physical presence requirement.
2. extension of stay/program transfers
3. limitation of stay : for student 24 month
4. Documentation required for admission/readmission as an exchange visitor.
5. change of visa status: If the law applies to me, I cannot make the adjustment of status
6.Insurance.

[Redro 4,611]

18 minutes ago, GracielaGuerra said:

Yes, my husband is a US citizen.

 

I am applying for is adjustment of status (AOS).

 

I just read my contract with my sponsor of my J-1 visa and it says that if I would be subject to law 212(E) even if I was married I still have to return to my country for two years, but on my visa it says no That law applies to me and it also does not say anywhere that for making the adjustment of status they cancel my contract.

 

the contract only mentions:
1. two year home-country physical presence requirement.
2. extension of stay/program transfers
3. limitation of stay : for student 24 month
4. Documentation required for admission/readmission as an exchange visitor.
5. change of visa status: If the law applies to me, I cannot make the adjustment of status
6.Insurance.

From your telling of your contract it appears you do not have to inform your sponsor of your change in marital status or the fact you are going to adjust status. 

Unless you want to continue working with your current employer/ sponsor after you receive your EAD I do not see the need to inform them. 

It would just be a courtesy thing... 

You can probably continue working until the end of your contract and then wait for your EAD before seeking different employment. 

I will wait for others more knowledgeable about J1 and their employment practices. 

 

[GracielaGuerra 2]

hello
I read that you can stay in the United States until the United States Citizenship and Immigration Services (USCIS) processes your application
but how else can I validate this? That is, if I can keep what identification I present myself with and if they ask me about it, what do I present? my personal uscis account? my case in progress?
thank you

[beloved_dingo 1,979]

35 minutes ago, GracielaGuerra said:

hello
I read that you can stay in the United States until the United States Citizenship and Immigration Services (USCIS) processes your application
but how else can I validate this? That is, if I can keep what identification I present myself with and if they ask me about it, what do I present? my personal uscis account? my case in progress?
thank you

If you are in the U.S. and have filed for Adjustment of Status (I-485) you have to stay in the U.S. while it processes, unless you applied for and receive Advance Parole (you would have had to file I-131). 

 

If you leave the U.S. while AOS is processing, without AP, your AOS is considered abandoned. 

 

While AOS is pending, you are in a period of authorized stay. The receipt notice for the I-485 is your documentation/proof of this. But who are you referring to when you say "if they ask me about it"? Immigration?

[Allaboutwaiting 2,503]

You MUST remain in the US while adjusting status. You can leave just if you already have an advance parole document -which ideally you applied for when filing for AOS-.

 

Your proof of legal status is the I-797 letter that you received when USCIS accepted your I-485 packet.

[GracielaGuerra 2]

Well, me and my husband are applying for a new apartment and the agent is asking me for proof that I can stay legal in the United States while my case is in process, also, if I want to go somewhere what can I show, in that case let the police stop me

[beloved_dingo 1,979]

Just now, GracielaGuerra said:

Well, me and my husband are applying for a new apartment and the agent is asking me for proof that I can stay legal in the United States while my case is in process, also, if I want to go somewhere what can I show, in that case let the police stop me

Until you receive either a work permit or the actual green card, the receipt notice for the I-485 is the only document you have that demonstrates you are in a period of authorized stay. You can take a photo or scan a copy so that you have it on your phone, and can also make a hard copy to keep on hand if you are worried about police encounters.

 

The apartment may or may not accept the I-485 receipt notice as "proof" that you are legally in the United States. Authorized stay means you are legally allowed to be here, but it is still immigration limbo. All you can do is try to use the receipt and see what happens. 

[Allaboutwaiting 2,503]

11 minutes ago, GracielaGuerra said:

Well, me and my husband are applying for a new apartment and the agent is asking me for proof that I can stay legal in the United States while my case is in process, also, if I want to go somewhere what can I show, in that case let the police stop me

The I-797 letter you received after filing for adjustment is your proof.

 

If police stops you, you don't have to disclose your immigration status. Just an immigration officer can inquire about it.

 

The landlord or property manager have no legal authority to inquire.

 

[Timona 4,208]

27 minutes ago, GracielaGuerra said:

Well, me and my husband are applying for a new apartment and the agent is asking me for proof that I can stay legal in the United States while my case is in process, also, if I want to go somewhere what can I show, in that case let the police stop me

 

Go where exactly? Because answer varies. In or outside US?

[beloved_dingo 1,979]

1 minute ago, Allaboutwaiting said:

The I-797 letter you received after filing for adjustment is your proof.

 

If police stops you, you don't have to disclose your immigration status. Just an immigration officer can inquire about it.

 

The landlord or property manager have no legal authority to inquire.

 

You are correct that specifically asking about immigration status/requiring proof of immigration status can be illegal. But I'm not sure if this agent is violating the FHA or not. Landlords can ask for documents that assist with processing credit checks/background checks. But they cannot treat immigrants differently, apply different requirements to immigrants, or make assumptions based on race, ability to speak English, etc. From what I am reading, if a landlord asks every applicant for some kind of proof of legal residency, then it is not illegal, but if an individual is singled out, then it is. 

 

A few tidbits from doing some research:

 

"It is illegal for a landlord or real estate agent to ask you questions about your immigration status because of how you look, talk or dress. Some landlords, owners, real estate agents, etc., might ask if you are in the country legally or ask to see your green card or visa. If you think that you are being asked about your immigration status because of where you are from, call your local fair housing organization." (From https://nationalfairhousing.org/) 

 

"Can landlords ask for immigration documents?

Landlords are allowed to request documentation and conduct inquiries to determine whether a potential renter meets the criteria for rental, so long as this same procedure is applied to all potential renters. Landlords can ask for identity documents and institute credit checks to ensure ability to pay rent. However, a person’s ability to pay rent or fitness as a tenant is not necessarily connected to his or her immigration status. Procedures to screen potential and existing tenants for citizenship and immigration status may violate the Fair Housing Act’s prohibitions on national origin housing discrimination. HUD will investigate complaints alleging that a landlord inquired into a person’s immigration status or citizenship to see whether national origin discrimination may have occurred." (From https://www.equalhousing.org/) 

 

OP, you may want to casually ask the agent if all applicants are required to show proof of immigration status/legal residency in the U.S. and/or ask why your husband doesn't have to show proof he is in the U.S. legally. And if that answer violates any of the above, they are 100% in violation of the FHA.

[GracielaGuerra 2]

The issue arose because he mentioned that I am in adjustment of status, but he is only applying to the apartment, I don't have anything to do with the application