Registration for Illegal Immigrants; What does it mean for "Out of Status"

[trisha_h 15]

My husband came to America in October 2024 on a K1 visa. We married in November. He went "Out of Status" in January and we are working on applying for his Adjustment of Status. We weren't able to file before January but have most of the application complete aside from the I-693 because we have to get his HepB shot and see a civil surgeon.

 

This may be a silly question but I'm just hoping for a bit of reassurance because we're very anxious. A federal judge is allowing the current administration to move forward with a requirement for illegal immigrants to register with the federal government and carry documentation. We're both worried that his "Out of Status" classification means that he is here illegally and will be required to register.

 

I'm hoping you all might be able to explain how this works and where my husband would fall into it, if at all. And of course, we're working on getting his AOS application completed ASAP!

 

Thank you so much for any help you might be able to give us.

[Dashinka 25,326]

I would focus on getting your AOS package in ASAP.  I don’t think that ruling applies here, that would be more for those that entered the U.S. without inspection.

 

Good Luck!

[trisha_h 15]

12 minutes ago, Dashinka said:

I would focus on getting your AOS package in ASAP.  I don’t think that ruling applies here, that would be more for those that entered the U.S. without inspection.

 

Good Luck!

We were hoping that was the case. We should be able to get the AOS application in within the next two to four weeks. We just wanted to make sure that our AOS chances wouldn't be ruined because we hadn't registered between now and then if it was required.

 

 

[Edward and Jaycel 1,265]

Since he entered on a valid visa which included biometrics at the embassy interview stage and likely at his Port of Entry inspection, he is considered registered

[Crazy Cat 43,332]

1 hour ago, trisha_h said:

We should be able to get the AOS application in within the next two to four weeks.

I would submit a proper I-485 as soon as possible.  This administration isn't playing around.  Your spouse is deportable right now.  There is no benefit in a delay.  He cannot get a Green Card, he cannot apply to work legally, and he cannot start the clock for citizenship until he is a legal resident.  All those things start with a properly filed I-485.

A simple interaction with any law enforcement could create a catastrophe. 

 

Edited April 12 by Crazy Cat

[trisha_h 15]

5 minutes ago, Crazy Cat said:

I would submit a proper I-485 as soon as possible.  This administration isn't playing around.  Your spouse is deportable right now.  There is no benefit in a delay.  He cannot get a Green Card, he cannot apply to work legally, and he cannot start the clock for citizenship until he is a legal resident.

A simple interaction with any law enforcement could create a catastrophe. 

I understand and we are very aware that this is a possibility. We are working on getting it done as fast as we can. Thank you.

35 minutes ago, Edward and Jaycel said:

Since he entered on a valid visa which included biometrics at the embassy interview stage and likely at his Port of Entry inspection, he is considered registered

This was our thought too but we wanted to hear people's thoughts here. Thank you.

[Crazy Cat 43,332]

2 minutes ago, trisha_h said:

We are working on getting it done as fast as we can.

Great.  Be aware that it could take a month or more just to get evidence that he has submitted a proper I-485.  Good Luck.

[trisha_h 15]

1 minute ago, Crazy Cat said:

Great.  Be aware that it could take a month or more just to get evidence that he has submitted a proper I-485.  Good Luck.

Understood. We will work as quickly as we can! Thank you very much.

[Boiler 46,760]

It is a long enough process without adding 4 months. You need to get that AoS filed asap.

[Ontarkie 14,782]

you mentioned getting the HepB shot. Did he get any part of the HepB vaccine for his medical? if you are waiting to start the AOS because he needs the next shot, check his vaccine transcript to see what the medical says. If it is complete you do not need to wait and see a CS. 

[trisha_h 15]

4 minutes ago, Ontarkie said:

you mentioned getting the HepB shot. Did he get any part of the HepB vaccine for his medical? if you are waiting to start the AOS because he needs the next shot, check his vaccine transcript to see what the medical says. If it is complete you do not need to wait and see a CS. 

That accounts for some of the wait, unfortunately. He got the first part of his Hep B series in the UK and was told to get the rest here. However, he couldn't get the same brand that they used in the UK and we checked a lot of places. So the doctor recommended he start the process over. Instead of paying $400 out-of-pocket for the series we were able to get it through his insurance. To make a long story short, we had to wait to get in to see his doctor then wait another month to have his last shot (which he will be receiving on April 14th). Then, aside from having the civil surgeon complete their part, everything is ready to be filed.

[Edward and Jaycel 1,265]

7 minutes ago, trisha_h said:

That accounts for some of the wait, unfortunately. He got the first part of his Hep B series in the UK and was told to get the rest here. However, he couldn't get the same brand that they used in the UK and we checked a lot of places. So the doctor recommended he start the process over. Instead of paying $400 out-of-pocket for the series we were able to get it through his insurance. To make a long story short, we had to wait to get in to see his doctor then wait another month to have his last shot (which he will be receiving on April 14th). Then, aside from having the civil surgeon complete their part, everything is ready to be filed.

 

The question is, on his DS-3025 form he should have received from the immigrant medical provider, was he provided a blanket waiver code for the Hep-B vaccine for "Insufficient time to complete series" (Blanket Waiver Legend "B") and on the back of the form was the box checked that says, "K Visa applicant voluntarily completed vaccine requirements" ? If so, he does not need a new medical exam from a civil surgeon.

Edited April 12 by Edward and Jaycel

[trisha_h 15]

3 minutes ago, Edward and Jaycel said:

 

The question is, on his DS-3025 form he should have received from the immigrant medical provider, was he provided a blanket waiver code for the Hep-B vaccine for "Insufficient time to complete series" (Blanket Waiver Legend "B") and on the back of the form was the box checked that says, "K Visa applicant voluntarily completed vaccine requirements" ? If so, he does not need a new medical exam from a civil surgeon.

I seem to remember it mentioning something about him voluntarily completing the requirements but I'm going to have to check when I get home. Even if he doesn't need a new medical exam, the civil surgeon will still have to fill out the vaccination portion though, correct?

[Dashinka 25,326]

34 minutes ago, trisha_h said:

I seem to remember it mentioning something about him voluntarily completing the requirements but I'm going to have to check when I get home. Even if he doesn't need a new medical exam, the civil surgeon will still have to fill out the vaccination portion though, correct?

No, only if the DS3025 is marked as incomplete.  Otherwise, his medical exam I693 should be good from his K1 visa interview.

 

Good Luck!

[Edward and Jaycel 1,265]

@Dashinka is 100% correct here - As long as the DS-3025 is marked complete and is complete, there is no need for a civil surgeon / I-693. The immigrant medical exam performed abroad is good as long as you file the I-485 within 1 year of it being completed. You should include a copy of the DS-3025 with your AOS filing to remind USCIS that you had an exam abroad and to look in your A-File to get it.