TSA Security Clearance (STA) -Pilot - AOS

[Monument256 8]

My husband is a Pilot and is looking to enroll in an ATP course after immigrating to the US (on a K-1 visa), with the goal of completing his re-training/licensing whilst he waits to receive his green card. Ahead of enrolling in the course, he’s required to obtain TSA security clearance. He received an email stating that “security threat assessment (STA) has been reviewed and requires corrections” and to upload “a US Permanent Resident Card or other documentation demonstrating legal presence residence”. 

 

His I-485 and I-765 are pending and the K-1 visa expires 9/7/24. Have any other pilots out there encountered this situation with TSA, when your legal status is just AOS? If yes - what information did you provide to TSA to grant clearance? Any tips or advise would be greatly appreciated!

[Boiler 45,466]

You could try the NoA but I would not be surprised if they will want EAD.

[NorthByNorthwest 350]

4 hours ago, Mwet said:

His I-485 and I-765 are pending and the K-1 visa expires 9/7/24. Have any other pilots out there encountered this situation with TSA, when your legal status is just AOS? If yes - what information did you provide to TSA to grant clearance? Any tips or advise would be greatly appreciated!

 

AOS is not a legal status, while the I-94 for his K-1 is valid he is lawfully present (visa expiry date is irrelevant after entering the US). Assuming I-485 is filed while in lawful status he enters the weird state of "being in a period of authorized stay" until I-485 is approved which is a gray zone of not being lawfully present, but not accruing unlawful presence. Ain't that a mouthful?

The STA requirements are a bit vague but suggest that at least EAD is needed - worst case approved I-485 might be needed.

1. Immigration Check (§ 1552.35)

The final rule specifies that all flight training students who are not U.S. citizens, U.S. nationals, or foreign pilots endorsed by the DoD must undergo an immigration check as part of the STA process. The immigration check for a Level 3 STA verifies that the individual is lawfully admitted for permanent residence; a refugee admitted under 8 U.S.C. 1157; granted asylum under 8 U.S.C. 1158; in lawful nonimmigrant status; paroled into the United States under 8 U.S.C. 1182(d)(5); or otherwise authorized to be in or be employed in the United States. A candidate who is not authorized to be in the United States under one of these categories is not eligible for flight training in the United States. 

[Monument256 8]

4 hours ago, NorthByNorthwest said:

The STA requirements are a bit vague but suggest that at least EAD is needed - worst case approved I-485 might be needed.

Thanks for the response! That’s what we unfortunately were thinking would be at least minimum. It sucks because you pay $135 odd bucks and then if it gets denied you have to pay again since they’ve already spent time processing it. We will keep our fingers crossed EAD comes in here soon and probably try with that - was hoping to get started on all his training sooner but it feels like the federal/state systems all differ in recognition of how it treats individuals in that “authorized stay” period! 

[Boiler 45,466]

We have a list of why filing for a spouse is better than a fiancee, and this particular scenario is not covered but the general issue of it being an overall longer process and being in limbo land is.

[Monument256 8]

49 minutes ago, Boiler said:

We have a list of why filing for a spouse is better than a fiancee, and this particular scenario is not covered but the general issue of it being an overall longer process and being in limbo land

We have slowly figured that out the hard way unfortunately 😔

[powerpuff 6,697]

*** Thread moved from AOS K1 forum to Your New Life in America as the question is more about security clearance rather than the immigration process ***

[2hon 10]

We applied for clearance, and submitted the Employment Authorization Card / Approval letter.

 

They obviously didn't look at it because they asked for it saying we didn't approve it. 

 

I'll say that you should expect the process to take time and to at least have EAD...

[Monument256 8]

4 hours ago, 2hon said:

They obviously didn't look at it because they asked for it saying we didn't approve it

Thank you for response! Yeah I think you’re right that they aren’t looking at it because the FTSP analyst comments are not clear and just continuously asking for what has been provided. Hopefully the EAD comes in soon! Thanks again. 

[2hon 10]

Thought I'd follow up, but after resubmitting and making the EAD more clear, we got approved to fly.

[Monument256 8]

1 hour ago, 2hon said:

resubmitting and making the EAD more clear

Okay that’s good to know! Yeah we are just waiting for that now. So hopefully that will come in soon. Thanks for the update!