Sm1smom
Super Moderator
Question re: eligibility for AOS based on being out of status
- I am currently on TPS and have been since September 12 2016.
- My F1 status expired on May 24 2016.
- I had however applied for TPS on May 2 2016.
So from May 24-Sept 12, I did not have any status as my TPS application was pending. I know that this 3.5 months is not counted towards unlawful presence. I am not sure about whether I was out of status for that 3.5 months. I have read conflicting/unclear information regarding this.
Question:
1. Will I be considered to have been out of status for the 3.5 months?
2. If yes, will that period being less than 180 days be of any significance re: eligibility of AOS?
Was your TPS petition formally accepted by USCIS before your F1 status expired on May 24th? If your TPS NOA was issued by USCIS before May 24th, then you were not out of status between May 24th and September 12th.
If NOA was issued after May 24th, you’re considered out of status from May 24th to whatever date the NOA was issued, which will make you ineligible for AOS.