What's my status between the AOS and receiving the greencard?

[kayleexdavid 7]

For context, I already sent my AOS packet, received my NOA and have my Biometrics date set. I was wondering what my official status is, since it's past the I-94 90 day period now. Am I out of status?

I'd also like to know if I should always be carrying a copy of the NOA, my passport or anything else just in case?

[Crazy Cat 43,327]

Yes.  You are technically out of status, but in a state of "authorized stay" until the I-485 is either approved or denied. You are not accruing unlawful presence, but you have no legal status.

 

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

 

"Period of Authorized Stay

Even if a foreign national is, for a period of time, not holding a lawful nonimmigrant status, the individual may be in a “period of stay authorized by the Attorney General” (i.e. period of authorized stay). One of the most common situations in which this occurs is when a properly filed application or petition to extend or change nonimmigrant status is filed with the USCIS on behalf of a foreign national."

 

"Another very common example of authorized stay is when a foreign national is present in the United States while an application to adjust status (I-485 form) is pending. An adjustment of status applicant who does not have lawful nonimmigrant status, such as H or L, generally is considered to be in a period of authorized stay as long as the properly filed I-485 remains pending."

Edited Monday at 06:42 PM by Crazy Cat

[MalloryCat 552]

youre technically in a "period of authorized stay" and which isn't really a legal status

 

you should carry an ID and a copy of the NOA just in case.

Edited Monday at 05:33 PM by MalloryCat

[Crazy Cat 43,327]

13 minutes ago, kayleexdavid said:

I'd also like to know if I should always be carrying a copy of the NOA, my passport or anything else just in case?

Absolutely, yes.   Always carry your passport and a copy of the I-485 receipt (NOA1).  The NOA1 and visa will be evidence that you have registered and that you are in a state of "authorized stay".

Edited Monday at 05:41 PM by Crazy Cat

[kayleexdavid 7]

7 minutes ago, Crazy Cat said:

Yes.  You are technically out of status, but in a state of "authorized stay" until the I-485 is either approved or denied. You are not accruing unlawful presence, but you have no legal status.

Thank you for your reply and the link! Having no legal status sounds a bit scary. I'll be sure to carry my passport and NOA everywhere with me.

[K1visaHopeful 2,965]

15 minutes ago, kayleexdavid said:

For context, I already sent my AOS packet, received my NOA and have my Biometrics date set. I was wondering what my official status is, since it's past the I-94 90 day period now. Am I out of status?

 

Lawfully present pending adjustment of status 

15 minutes ago, kayleexdavid said:

I'd also like to know if I should always be carrying a copy of the NOA,

Yes

15 minutes ago, kayleexdavid said:

my passport

Yes

15 minutes ago, kayleexdavid said:

or anything else just in case?

No

[kayleexdavid 7]

9 minutes ago, MalloryCat said:

youre technically in a "period of authorized stay" and which isn't really a legal status

 

you should carry an ID and a copy of the NOA just in case.

 

Thank you for replying! I'll make sure to carry those with me

[kayleexdavid 7]

1 minute ago, K1visaHopeful said:

Lawfully present pending adjustment of status 

Thank you! So if I happen to get stopped and asked, this is what I should say my status is?

[K1visaHopeful 2,965]

14 minutes ago, kayleexdavid said:

Thank you! So if I happen to get stopped and asked, this is what I should say my status is?

No. A LEO won't understand that. Say you're waiting for GC approval and show your Noa1.

 

Only an agent of DHS will know what that means.

[NorthByNorthwest 430]

21 hours ago, K1visaHopeful said:

Lawfully present pending adjustment of status 

 

No, in CBP/USCIS terminology "lawfully present" and "in period of authorized stay" are two different things but as the other comments note the average LEO will not know the difference. 

What makes it extra confusing is that if you apply for Advanced Parole and leave the country you will (in most cases) get a new I-94 created when you come back with admission class Parole, but you're still not lawfully present until your AOS is approved.

[K1visaHopeful 2,965]

1 hour ago, NorthByNorthwest said:

 

No, in CBP/USCIS terminology "lawfully present" and "in period of authorized stay" are two different things but as the other comments note the average LEO will not know the difference. 
 

 Correct. So who is the OP being 'stopped' by? 

ICE in a border state?

Or a state trooper?

The OP lists no LFO in their timeline (@kayleexdavid, please complete your timeline in full).

[kayleexdavid 7]

6 minutes ago, K1visaHopeful said:

The OP lists no LFO in their timeline (@kayleexdavid, please complete your timeline in full).

My LFO seems to be San Bernardino (SBD), CA 92408, through the USCIS Field Office Locator
 

 

7 minutes ago, K1visaHopeful said:

Correct. So who is the OP being 'stopped' by? 

I was imagining Law Enforcement or ICE after reading some horror stories on the forum and the news.

 

[kayleexdavid 7]

1 hour ago, NorthByNorthwest said:

No, in CBP/USCIS terminology "lawfully present" and "in period of authorized stay" are two different things but as the other comments note the average LEO will not know the difference. 

What makes it extra confusing is that if you apply for Advanced Parole and leave the country you will (in most cases) get a new I-94 created when you come back with admission class Parole, but you're still not lawfully present until your AOS is approved.

It does sound rather confusing! I wonder why the in between stage isn't considered 'lawfully present'

[NorthByNorthwest 430]

11 minutes ago, kayleexdavid said:

It does sound rather confusing! I wonder why the in between stage isn't considered 'lawfully present'

 

I'm sure there are plenty of arcane reasons for the current system, a different status like "application in process" would certainly be easier to grasp. In any case, this page has a pretty good overview of the subject: https://www.murthy.com/2018/12/17/differences-between-lawful-status-period-of-authorized-stay-unlawful-presence-2/ 

[Crazy Cat 43,327]

1 hour ago, NorthByNorthwest said:

 

I'm sure there are plenty of arcane reasons for the current system, a different status like "application in process" would certainly be easier to grasp. In any case, this page has a pretty good overview of the subject: https://www.murthy.com/2018/12/17/differences-between-lawful-status-period-of-authorized-stay-unlawful-presence-2/ 

Yea....I posted that link in the 1st reply to the OP in this thread...LOL.  I use that explanation reference a lot.  It's a good source for explaining the terms and differences.

Edited Tuesday at 06:55 PM by Crazy Cat