JohnnyForeigner

Today I called for an update because I was having trouble with my USCIS website access. Told by operator that "someone was working on" my I-485 and I-131 as of Dec 29th 2022 but she was unable to see, what if any action was taken. I do not know if this is linked to my request to expedite AP or not. Maybe I am getting some news soon ?

Have any of you had an AOS interview at Atlanta field office ? Or received your interview date for that office ? Just wondering how long you had to wait after "ready to schedule interview" case update ?

My field office Atlanta is showing 80% cases processed in 32.5 months !

I understand diplomatic immunity. I was thinking more in terms of how they could deal with the admin of employing an individual without EAD. I assume, like any other employer, they would have to withhold tax etc ? And like any other employer, there would be IRS paperwork to fill out that would require SSN etc ?

Interesting read. Hope this is not taking the discussion off at a tangent but I am curious how she worked for an Embassy or Consulate in US without EAD ! Further, it was not a low paid job such as cleaning offices for cash - she was doing clerical work processing visas ??? I am amazed that an Embassy or Consulate would employ someone without EAD. Unless its a sovereign soil thing ? If you work in an Embassy are you technically not in the US ? Finally - is there a tax issue ? As I understand it, even if you work illegally, you are liable for income tax ?

I knew that all along ! Hence my initial post !

I know I posted it before but the last bit of this FROM THE USCIS OWN RULEBOOK is definitive. Just because you have authorised stay dies not mean you are always in status.

I agree with your opinion "it might be a good idea to accept things as they are and wait patiently for your application to be processed and approved" However, there IS a way of moving from "illegally present in US and with expired i-94" to having a different status FOR THE PURPOSES OF THE PARTICULAR police clearance I need for that job. My coming on here and asking about fresh i-94 after AP is not refusing to accept my situation - it is exploring what is possible within immigration law. And as stated in a previous post - I have since discovered ( direct from a Federal Agency ) the legislation relating to the paperwork I need for that job DOES include being paroled as an alien being legally present in USA for the purposes of THAT agency.

Yes - I am not accrueing unlawful presence whilst pending AOS. However, the fact remains that even with authorised stay, my i-94 is expired. I am out of status. As is anybody whose visa expires whilt waiting for AOS. Pending AOS is not immigration status. An alien in the US without i-94 is here illegally - in fact, one can be in removal proceedings at the SAME TIME as one is in a period of authorised stay ! All that authorised stay means is that you are authorised to stay DESPITE being illegally in the US. Example- an Alien overstays visa by 10 years. After 180 days, removal proceedings are initiated. He ignores summons to immigration court. In his absence, Judge orders him removed. ICE look for him and cannot find him. He keeps a low profile and does not come to notice of police. After 10 years ILLEGALLY in the US, he marries a US citizen and files AOS. He is now in a period of authorised stay. However he is still illegally in the US and is still subject to deportation. It sounds crazy that you can have a removal order at the same time as being authorused to stay ! In fact, if he is granted parole, he can leave and present himself for inspection. But he will have been considered to have executed removal order by leaving. He is now barred from re-entry. You CAN be illegally in the US at the same time as being authorised to stay. To be legally in the US ( for the purposes of Immigration law ) you must be inspected and admitted on visa. Basically, have a current I-94. And while we are on the subject - aliens who are paroled into the US are not actually admitted. So, while present in the US hundreds of miles away from that CBP desk at the airport, they remain in "alien seeking admission" as if they were still standing at that desk in the airport. Are they legally present in US with parole ? Technically they have not even been admitted !

One example I found during my research is firearm legislation - an alien illegally in the US is prohibited from firearms ownership. There is case where a DACA individual with AUTHORISED STAY was arrested and charged. The Judge made it clear that an alien in authorised stay was not "legally present" for the purposes of the gun control act. They opined that authorised stay is not lawful immigration status. It is the Secretary of DHS permitting an individual to stay for a specified purpose where they would ordinarily not permitted. In short - for the purposes of THAT legislation, an Alien is ONLY legally in US if his i-94 is current. "Despite the misleading phrase “period of authorized stay,” a foreign national with this designation is not legally in the United States, and can be removed by the U.S. government" is what was defined by that particular case law. I am sure there are other examples both State and Federal. All these subjective interpretations of what is lawful could be avoided if USCIS would just issue a new i-94 to those in a period of authorised stay !

Yes - it all revolves around various institutions having different definitions of what is lawful ! GA Driver services - yes, they ask for EAD and receipt notice for I-485 as proof BUT they rely on a reply from USCIS Save program to VERIFY those documents. It is an electronic service - most are "verified" in seconds. If not instantly verified, Save program tries to reply within 20 business days with an answer whether positive or negative.

A little progress. I contacted the Federal body who regulates the particular field of work I am prohibited from by virtue of being "illegally present" in the US. I asked whether they regard an Alien paroled into the US as "legally in US". They confirmed that their definition of legally present does NOT include a period of authorised stay pending AOS unless the i-94 is current. However they also confirmed that they consider an Alien paroled into US as legally present until expiry or revocation of such parole. Which answers my question, thankfully. I asked the same question of GA driver services ( DMV ) They said that their defination of a person legally present in US and entitled to GA drivers licence was...... "An Alien whose status has been confirmed by USCIS Save program." They totally rely on this Save program - not EAD, receipt letters etc. So, I guess it will totally depend on the wording of the reply from Save program - "Illegally present" ( the reply ICE use for those in authorised stay re AOS ) "Authorised stay" "Paroled" ( If I get AP etc ) Hopefully the latter and the phrase "authorised stay" will reassure them ! I asked "If you rely on Save program to verify my status, why do you need to see my EAD and receipt letter for AOS application ? If you do not accept them as proof of status, why even look at them ? I await a reply and doubt I will get one. As of this morning - Save program shows the DMV request as still "under review" after 18 business days.

5 decades of living very much by the rules. A career involved in enforcing them too. My overstay was not what I would have chosen but circumstances did not give me a choice. Long story. I hope so too. As has been said - its a waiting game. I wake each morning knowing I am a day closer.

OP was asking about both ! The DMV sent an immigration check to USCIS Save program. The Police Dept that issues the certification required by my line of work sends its enquiry to ICE.

80% of cases in my local field office ( Atlanta ) are adjudicated within 32.5 months. Looking at the USCIS website the field offices with the longest wait times are triple that of the faster ones ! I read somewhere that USCIS can move the interview to a field office with lower backlog as they see fit in order to lessen the burden etc Just wondered how often it happens ? To be honest, if it changed a 30.5 month wait to a 12 month wait, I would gladly fly to any field office in the country !!

April 2022 filer here. My EAD arrived late November. I am still waiting for AP and have sent a request to expedite. My field office is Atlanta. Processing times ( 80% ) have jumped from 28 months to 30 months to 32.5 months in the past 10 weeks ! So, even if they send it to field office, I will have a long wait.

Thanks Ontarkie. Actually I thought that at first ! My move from OR to GA or something. But as I said, USCIS and then ICE confirmed it for me - no mistake - just a difference between legal status and authorised stay. USCIS Save program say they give a reply to DMV with either positive or negative result in 20 business days so I should have something definitive on the drivers license at least, in a few days. The employer is happy with me being pending AOS and having EAD. It is the "unlawfully present" immigration status that is impeding me. I had hoped that exit and re-entry on AP might help with new I-94 ( in the way it gives DACA individuals "inspected entry" where they previously had entered uninspected ) in giving me lawful presence. Hence my question here - hoped someone else experienced the same thing. Thanks lil bear.

Ideally I would like to resolve the license issue but the work clearance is more important. Thanks for your input and your good wishes.

The drivers license is the least of my worries. I have a OR one already. I am supposed to change for GA one but cannot so they gave me a letter for police to see if stopped. Its more about legal immigration status so I can get a decent job in my specialised field. Other than that its a min wage unskilled job.

You seem like such a nice person. I only provided proof because you seemed to think authorised stay = lawful presence. Anyway - thanks for all your input.

Agreed - Until either the petition for alien relative is approved or the AOS itself I am just playing a waiting game. Unfortunately Atlanta has longest backlogs - 80% in 32.5 months !

I have a EAD only. AP expected very shortly. Because for the purpose of a special permit I need to do with my line of work. It is not granted if "unlawfully present" is my immigration status.

Damn. I was hoping it did. As per my research.

Thanks for that info. Can you do me a huge favour and check if you were given an electronic i-94 ? You can use the link in a previous reply. In case you were given electronic one rather than paper one.

USCIS themselves have confirmed to me that I am unlawfully present ( overstay ) but in a period of authorised stay granted by secretary of DHS.