Visa will be up and AOS is pending is my stay legal?

P

piyalove

Registered Users (C)
Hi Fellow-Kin,
Regards,

I have already filed for adjustment of status and went for biometrics/fingeprinting etc . at DORA Dallas Office.

The NOA for I-130 and I-485 I received it says that it'll take 90-120 and 120 to 140 days to process my application respectively?

Does this timeline include the interview? Or does it mean it will take 90 to 120 + days till I get an interview schedule?

This, by the way, means that my visa will expire before we get the AOS results. I was wondering what my status will be while I wait for the AOS since my visa is expiring on September 6? My I-94 states my stay is up by September 6.

For example, if a police officer stops me and sees that my stay is expired -- what should I show to prove that I'm a legal alien who's in the process of adjusting status? Will I be out of status? Should I apply for extension of my visa to cover AOS waiting time.

Please advise, I appreciate your kind input.

Thank you,
Piyalove
--------
Timeline:

07 Mar 2005 : Arrived in USA on B1/B2 Visa (6 months stay)
13 Apr 2005 : Married my Piya in Dallas
05 Jun 2005 : Scheduled appointment with DORA @ infopass
25 July 2005: Appointment @ DORA Dallas
25 July 2005 : (Day 01) Forms submitted @ DORA Dallas
25 July 2005 : (Day 01) Interview for 5 minutes
29 July 2005 : (Day 05) NOA Processed - I-485
29 July 2005 : (Day 05) NOA Processed - I-130
01 Aug 2005 : (Day 08) Received NOA - I-485
01 Aug 2005 : (Day 08) Received NOA - I-130
24 Sept 2005 : (Day 62) FP/Bio Appointment - NOT NEEDED NOW!
02 Aug 2005 : (Day 09) Walk-in FP/Bio Done @ Dallas ASC
 
Last edited by a moderator:
Your status is "Adjustment of status".

Anyway a police, like a sheriff, a patrol whatever even he/she found out that you were an illegal (you are not), they can't do anything about it unless you break the law and then of course immigration gets involve.

If an immigration officer or an ICE agent stop you an ask you for your papers (which right now they are very busy with the terrorist and so) then you explain that your status is Adjustment of Status and you have an application pending with the USCIS.

The immigration law states that an alien with a pending application of adjustment of status is in an authorize stay by the Attorney General.

Good luck,
 
Thank you!

cherr1980 said:
Your status is "Adjustment of status".

Anyway a police, like a sheriff, a patrol whatever even he/she found out that you were an illegal (you are not), they can't do anything about it unless you break the law and then of course immigration gets involve.

If an immigration officer or an ICE agent stop you an ask you for your papers (which right now they are very busy with the terrorist and so) then you explain that your status is Adjustment of Status and you have an application pending with the USCIS.

The immigration law states that an alien with a pending application of adjustment of status is in an authorize stay by the Attorney General.

Good luck,
Click to expand...



Hi cherr1980,
Thank you for clearing it for me ! I was a bid worried about that.
Phew! Thanks a million...
Piyalove
 
The law is not too clear nor perfect, but when I called USCIS they explained that to me and later on I found a Memo about Unlawfull Presence very interesting..but I cannot attach files over here; it's a pdf file.

Good luck,
 
Nah don't worry! plus you with that pilot program at Dallas will get your GC wayyy early!

Good luck,
 
Memo about Unlawfull Presence

cherr1980 said:
The law is not too clear nor perfect, but when I called USCIS they explained that to me and later on I found a Memo about Unlawfull Presence very interesting..but I cannot attach files over here; it's a pdf file.

Good luck,
Click to expand...


Hi cherr1980,
May I request you to kindly let me have the URL to the website that says about the above... Unlawful presence...
Please advise,
Thank you,
Piyalove
 
Info from USCIS website:

Hi Fellow-kin,

I found the following info on USCIS website, the URL is:

http://uscis.gov/graphics/howdoi/LPReligibility.htm

The following paragraph gives info on my query:

Otherwise Eligible Immediate Relatives

If "otherwise eligible" to immigrate to the U.S., immediate relatives may adjust status to LPR (get a "green card") in the United States even if they may have done any of the following:

* worked without permission,

* remained in the U.S. past the period of lawful admission (e.g., past the expiration date on your I-94) and filed for adjustment of status while in an unlawful status because of that,

I hope this means something,

Please anyone interpret this for me,

Thank you,
Piyalove
----------------------
Timeline:

25 July 2005 : (Day 01) Forms submitted @ DORA Dallas
25 July 2005 : (Day 01) Interview for 5 minutes
29 July 2005 : (Day 05) NOA Processed - I-485
29 July 2005 : (Day 05) NOA Processed - I-130
01 Aug 2005 : (Day 08) Received NOA - I-485
01 Aug 2005 : (Day 08) Received NOA - I-130
24 Sept 2005 : (Day 62) FP/Bio Appointment - NOT NEEDED NOW!
02 Aug 2005 : (Day 09) Walk-in FP/Bio Done @ Dallas ASC
 
piyalove said:
Hi Fellow-kin,

I found the following info on USCIS website, the URL is:

http://uscis.gov/graphics/howdoi/LPReligibility.htm

The following paragraph gives info on my query:

Otherwise Eligible Immediate Relatives

If "otherwise eligible" to immigrate to the U.S., immediate relatives may adjust status to LPR (get a "green card") in the United States even if they may have done any of the following:

* worked without permission,

* remained in the U.S. past the period of lawful admission (e.g., past the expiration date on your I-94) and filed for adjustment of status while in an unlawful status because of that,

I hope this means something,

Please anyone interpret this for me,

Thank you,
Piyalove
----------------------
Timeline:

25 July 2005 : (Day 01) Forms submitted @ DORA Dallas
25 July 2005 : (Day 01) Interview for 5 minutes
29 July 2005 : (Day 05) NOA Processed - I-485
29 July 2005 : (Day 05) NOA Processed - I-130
01 Aug 2005 : (Day 08) Received NOA - I-485
01 Aug 2005 : (Day 08) Received NOA - I-130
24 Sept 2005 : (Day 62) FP/Bio Appointment - NOT NEEDED NOW!
02 Aug 2005 : (Day 09) Walk-in FP/Bio Done @ Dallas ASC
Click to expand...

Being the spouse of a USC, you would still get a GC and be pardoned for working illegally and unlawfully staying beyond your visa expiration. These rules apply 'before' you file for AOS.

In your case, i assume you applied for AOS when you had a perfectly valid status here. So if your visa expires, you could either extend it (makes a lot of sense if you are on H1) or use EAD for working or choose to do nothing (im not too sure about this option) as you have already applied for AOS and have your A# and receipt numbers to prove.
 
These are the links that I posted in the other thread. I finally found the pdf file, and some other things concerning H1)

http://uscis.gov/graphics/lawsregs/...flpr3273pub.pdf (this is a clarification of the Memo) The memo per se I still can't find it.

Okay I found it!!! this is the Memo of 1997
http://www.americanlaw.com/unlawfulmemo1.html

http://www.usvisanews.com/questions...est060601.shtml (Q.2)

http://www.usvisanews.com/questions...est080603.shtml (Q.5)


As Ari4u said about the work illegaly and all that, is pardon since you are married to a USC and that is why you could send all the packet of AOS to the USCIS.

My I-94 is already expired, but you have a pending AOS application so far you are in "an authorize stay by the Attorney General" especially because you applied even before your status expired so you are changing your status, the only thing is takes time to have a result of it on time.

Just in case you haven't listen about the Real ID act:
http://www.visalaw.com/05may1/3may105.html

Good luck,
 
Updated Timeline...

Timeline:

07 Mar 2005 : Arrived in USA on B1/B2 Visa (6 months stay)
13 Apr 2005 : Married my Piya in Dallas
05 Jun 2005 : Scheduled appointment with DORA @ infopass
25 July 2005: Appointment @ DORA Dallas
25 July 2005 : (Day 01) Forms submitted @ DORA Dallas
25 July 2005 : (Day 01) Interview for 5 minutes
29 July 2005 : (Day 05) NOA Processed - I-485
29 July 2005 : (Day 05) NOA Processed - I-130
01 Aug 2005 : (Day 08) Received NOA - I-485
01 Aug 2005 : (Day 08) Received NOA - I-130
24 Sept 2005 : (Day 62) FP/Bio Appointment - NOT NEEDED NOW!
02 Aug 2005 : (Day 09) Walk-in FP/Bio Done @ Dallas ASC
 
Waow you did good, because sometimes when you arrived in B1/B2 and you got married less than 60 days they think that you "plan" to get marry. You married almost just 30 days after, and what was the questions in your interview?? I know that probably you posted in another thread...I will look..I am lazy today. It's Saturday!

Good luck,
 
Meaning of the word Piya ...

cherr1980 said:
By the way what or who is "Piya"?
Click to expand...

Hi cherr1980,

I call my wife Piya, it's a hindi word, universally it means 'my love' or 'my beloved', just like one calls their wife honey, hun etc.

It can be addressed either way from husband to wife or vise versa.

Cheers!

Piyalove
 
No questions at all...

cherr1980 said:
Waow you did good, because sometimes when you arrived in B1/B2 and you got married less than 60 days they think that you "plan" to get marry. You married almost just 30 days after, and what was the questions in your interview?? I know that probably you posted in another thread...I will look..I am lazy today. It's Saturday!

Good luck,
Click to expand...

Hi cherr1980,
At DORA they did not ask any serious questions.

However, they did ask how we met and we told them the way it happened. We (my wife and I) met last year during one of my previous trip to USA. I have been travelling to US more than 5 / 10 times a year since 1995.

We became good friends. Once we spoke on phone for 23.40 hours non stop, I still have the phone bill with me. She visited me in my home country in the Caribbean.

On this trip I came for medical reasons, lasik treatment infact. She proposed and I accepted.

Now we are happily married and she's pregnant three months!

That's all, Regards,

Piyalove
 
Thank you!

cherr1980 said:
Okay, good to know from others' culture.

Hey cheers!!! and Congrats father to be!

Good luck,
Click to expand...

Hi cherr1980,

Thank you !

We wish you and yours best of luck too!

Piyalove
--------
Timeline:

07 Mar 2005 : Arrived in USA on B1/B2 Visa (6 months stay)
13 Apr 2005 : Married my Piya in Dallas
05 Jun 2005 : Scheduled appointment with DORA @ infopass
25 July 2005: Appointment @ DORA Dallas
25 July 2005 : (Day 01) Forms submitted @ DORA Dallas
25 July 2005 : (Day 01) Interview for 5 minutes
29 July 2005 : (Day 05) NOA Processed - I-485
29 July 2005 : (Day 05) NOA Processed - I-130
01 Aug 2005 : (Day 08) Received NOA - I-485
01 Aug 2005 : (Day 08) Received NOA - I-130
24 Sept 2005 : (Day 62) FP/Bio Appointment - NOT NEEDED NOW!
02 Aug 2005 : (Day 09) Walk-in FP/Bio Done @ Dallas ASC
 
You must log in or register to reply here.
Top