JohnnyForeigner

I am sure you will still think I am wrong but here it is - from the USCIS own manual. The last line. Just because you have authorised stay does not automatically mean you are lawful immigration status. As the title says there is a DIFFERENCE between the two.

I do not know why you are being like this. I called them to enquire why I was shown as illegally present. Like you I thought I was legally present by virtue of authorised stay. They did not advise me. They said they can only confirm my status as illegally present and not give legal advice.

I am not saying you have to. In my case, lawful presence whether by admission or paroling in bt IO would be preferable to Authorised stay. I know I can remain via authorised stay but it does not allow me to pass police generated immigration check vua ICE and DMV check via SAVE.

Do not shoot the messenger. I spent hours on the phone today with USCIS and ICE. Both explained to me that I am in a period of authorised stay. Both stated that I am illegally present in the US but that the Sec of DHS has authorised my stay. Same as they authorise stay if visa expires as opposed to overstay. I am not simply guessing here. I am stating my immigration status as revealed to me by USCIS and ICE.

I know that my authorised stay is granted by Sec of DHS. But my question is, will the new i-94 generated by the IO who paroles me into the US give me lawful precence as opposed to authorised stay. There is a subtle difference between the two.

I am saying this again - authorised stay is NOT Legal Presence. Legal presense is clearly defined in legislation as admitted by visa or parole.

My research seems to indicate that using AP and returning will generate a new 12 month i-94 which would solve my out of status problem. Just need to find someone who actually did it - hence my asking you to check. Mine shows my long "expired leave by" date and no reference to authorised stay etc.

This is the relevant paragraph ftom the police letter - cannot show full letter for security reasons.

I would really appreciate if you would check - this is the info I really need. https://www.google.com/url?sa=t&source=web&rct=j&url=https://i94.cbp.dhs.gov/&ved=2ahUKEwjg5JXm_Ib8AhUummoFHRMeA_EQFnoECBgQAQ&usg=AOvVaw17atl00YsowTa4Vh29trhl Uscis website where you can check your most recent 1-94/s

I provided proof of address x 2 EAD Receipt for i-485 SSN Passport Everything they required. They said docs ok but USCIS Save program did not confirm my status.

This is the letter given to me by the SUPERVISOR at GA driver services ( DMV )

I was just hoping that somebody else here might have submitted AOS out of status OR had i-94 expire while waiting for AOS. And wondered what their new i-94 stated when the left and returned on Advance Parole ? As it stands, I fully understand that for 99% of day to day stuff, "authority to stay" is sufficient but it is impeding my drivers license and that permit I need for my specialist job.

You need to google authorised stay vs lawful presence. The former is an authority granted by Sec of DHS to remain pending AOS. It is NOT lawful presence. And it is not a member of DMV staff making a mistake. They input my info and are guided by the reply from SAVE program. It takes a few seconds if lawful presence. Mine came back as "under review" and has been for weeks. As regards the police permit re my specialised work - I have a letter confirming that ICE state I am illegally in USA ........BUT authorised to stay pending AOS.

GA. As I said - I am in a period of "authorised stay" based on pending AOS. But that still leaves me as an overstayer on my i-94. Authorised stay is NOT lawful presence.

GA. Does not matter which office as they all submit an enq to USCIS Save program to check status.

I have my EAD. Both enquiries were after I received it. EAD makes no difference - still in authorised stay as opposed to on an visa unexpired visa etc - so technically illegally present.

I had the same. But when EAD arrived it was not a combo card.

You got a combo card ? I too filed in April but got EAD with no AP in late November.

Because I filed for marriage based AOS while out of status ( overstay ) although I am in a period of "authorised stay", I am still technically overstaying and illegally present in US. For 99% of day to day life this is not a problem. However, any third party I approach that needs to run an immigration check on me, gets a result from ICE that I am "illegally present in US" My local DMV submitted an enquiry to USCIS SAVE program. If legal status it comes back in seconds. If a problem it is delayed for review. Mine is under review. I applied for a particular permit with Police ( I need it for my work ) and they ran their enquiry via ICE who replied that I am illegally present in US. Having done some research, it looks like once I get advance parole, leave and return, I will get a new i-94 with a 12 month stay which MIGHT move me from "authorised stay" to "admitted until a certain date" Just wondered if any of you guys submitted AOS as an overstayer ? Did your lack of status cause a problem for drivers license ? Did you leave and return on advance parole ? Did you get a new i-94 ?