Status Question ?

[journeyhelper 0]

My son-in-law has a form he has to fill out for an application that is not uscis. If he is waiting for his AOS would it be Conditional Permanent Resident and then Permanent Resident when he gets his green card? the other choices say for foreign nationals.

Edited September 5, 2007 by journeyhelper

[payxibka 10,047]

My son-in-law has a form he has to fill out for an application that is not uscis. If he is waiting for his AOS would it be Conditional Permanent Resident and then Permanent Resident when he gets his green card? the other choices say for foreign nationals.

On what basis is he adjusting status?

[journeyhelper 0]

He was a K1 and is at the end (I hope of his AOS)

[John & Annie 0]

He is "pending status"

[payxibka 10,047]

He was a K1 and is at the end (I hope of his AOS)

His first green card (when received) will be conditional. He is pending now.

Edited September 5, 2007 by fwaguy

[journeyhelper 0]

Yikes! that is not an option on the application of course

[journeyhelper 0]

how about this under Current and Expected visa types (for Foreign Nationals only- check all that apply)

it lists Immigrant

What do you think? I thought foreign nationals were temporary, but they have immigrant listed

[John & Annie 0]

how about this under Current and Expected visa types (for Foreign Nationals only- check all that apply)

it lists Immigrant

What do you think? I thought foreign nationals were temporary, but they have immigrant listed

No, you can not claim any status in the US until you are Approved. If you do that you will be mis-representing and thus violating the law.

What about intending immigrant?

What are the choices on the form?

[journeyhelper 0]

No other choices even come close and unfortunately the form does not allow any write in's. Well yet another reason for them to contact the senators office. Thank you for taking the time to respond.

[journeyhelper 0]

Form:

Current and Expected Visa Types:(for Foreign Nationals only- check all that apply)

these three may apply to him ?

• Immigrant
• EAD
• Other

since he is in AOS he must have a immigrant visa number correct?

Ok I got this from the uscis site and I think he may be considered immigrant

A lawful permanent resident is a foreign national who has been granted the privilege of permanently living and working in the United States. If you want to become a lawful permanent resident based on the fact that you have a relative who is a citizen of the United States, or a relative who is a lawful permanent resident, you must go through a multi-step process.

The USCIS must approve an immigrant visa petition, I-130 Petition for Alien Relative, for you. This petition is filed by your relative (sponsor) and must be accompanied by proof of your relationship to the requesting relative.

The Deparment of State must determine if an immigrant visa number is immediately available to you, the foreign national, even if you are already in the United States. When an immigrant visa number is available, it means you can apply to have one of the immigrant visa numbers assigned to you. You can check the status of a visa number in the Department of State's Visa Bulletin.

If you are already in the United States, you may apply to change your status to that of a lawful permanent resident after a visa number becomes available to you. This is one way you can apply to secure an immigrant visa number. If you are outside the United States when an immigrant visa number becomes available, you must then go to the U.S. consulate servicing the area in which you reside to complete your processing. This is the other way to secure an immigrant visa number.

Edited September 5, 2007 by journeyhelper

[thetreble 19]

Your son is NOT a lawful permanent resident though. That information you gave is for someone who has already been approved for a green card. Yor son is pending. An immigrant Visa number really means nothing. It is just a number assigned to you once the I-130 is approved.

Is this a job application he is filing out? You said he has an EAD so why can't you check that option?

[TracyTN 237]

It'd be very helpful to know what form you're trying to fill out.

[journeyhelper 0]

No its not an actual job application, it is his application for US medical residency. I think we will try calling the medical licensing and ask them. thanks for your input.

[thetreble 19]

He wants to enroll in medical school? You should call the school. Med school is different than just a regular university or college and he might HAVE to be a conditional or permanent resident before he even applies.

[TracyTN 237]