How worried should I be? (15 years OOS, 245i pending, expired dl)

[magra]

I originally entered on a regular tourist visa 15 years ago (from Germany). Made some friends, worked here and there and overstayed...
In 1999, I got married (to a German citizen), two kids (US citizen by birth) incorporated a business here, started paying taxes (using Taxpayer ID), then applied for Labor Cert under 245(i) in 2001. I have never been in conflict with the law, have no outstanding bills, never used public benefits, got private health insurance etc, the works.
Unfortunately, both our driver's licenses expired several years ago and there is no way to renew them until the LC progress proceeds into the next stages.

Now to my question: What could/would happen if due to a routine traffic stop or some other circumstance, my expired driver's license would cause the officer to look into my legal status? I have a copy of the letter from the Labor Department that acknowledges the receipt of the application along with the case number, and I have a valid German driver's license and passport. (Though I am not even sure if the German license would even be recognized as valid under the circumstances.)

I often have those nightmare vision where they take me/us in, put the kids with social services and let us rot in some "processing camp" for days until they get a judge to figure out what to do... Could they/would they do that, even if we have a solid address, kids are in school and all?


Any experiences or knowledge you may have would be greatly appreciated.

 

[magra]

A labor certification doesn't make you legal. Only a pending I-485 would.
So, until then, you risk arrest and deportation. In such a case, you could either take the children with you, or leave them here in foster care.

I am aware of that, which is why have posted this question.
The 245(i) though grants you some sort of "tolerated" status

 

[Max Spider X]

Driving with expired dl may be considered a crime, which could lead to deportation regardless. However, they would not use the reason of your expired status to deport you since you are protected under 245i.

But I am confused about one thing. If you applied for LC back in 2001, how come it's still not approved? I am not sure if you are immune to deportation before your LC under 245i is approved. How long did it take for you to receive the receipt from labor dept after you applied for it in 2001?

 

[GotPR?]

But I am confused about one thing. If you applied for LC back in 2001, how come it's still not approved? I am not sure if you are immune to deportation before your LC under 245i is approved. How long did it take for you to receive the receipt from labor dept after you applied for it in 2001?

LC filed around 2001 or 2002 took very long for approval. My case was RIR, yet it took 2.5 years to be approved. All the backlog LC went to BEC and some people still did not get even 45 days letter.

 

[Max Spider X]

I know LC under 245i filed in 2001 took very long to get approved. My mom's was approved after 2 years in 2003. But magra is saying hers is still not approved. We are in 2006.

 

[magra]

Driving with expired dl may be considered a crime, which could lead to deportation regardless. However, they would not use the reason of your expired status to deport you since you are protected under 245i.

But I am confused about one thing. If you applied for LC back in 2001, how come it's still not approved? I am not sure if you are immune to deportation before your LC under 245i is approved. How long did it take for you to receive the receipt from labor dept after you applied for it in 2001?

I talked to a (new) lawyer yesterday.
I also used RIR. I received the 45 day letter and P case number in April last year (2005) from the Philadelphia center. I don't have much faith in the attorney that handles my case (there were some delays in getting the ad campaign started etc), and have just engaged with a different lawyer that will take over once/if the LC is approved.
According to him, there is no immunity, and the status under 245(i) is "out of status" . However, (according to him) since I originally entered with a B1-B2 visa and have been here for such a long time, family etc., he says that they could take me in for closer inspection, but considering the circumstances it would be highly unlikely for them to interfere with the pending 245(i) process. Expired license is a violation, not a crime, and I do have a valid German license.
In his opinion, the scenario from above could result in a 24-48 hour inconvenience and possible bond-posting situation, but is not likely to endanger the outcome of the 245(i) process.
He also told me that they have been seeing an increased number of case approvals coming from the 2001 period lately - so hopefully I will hear something within the next few months.

 

[hadron]

- consider getting yourself a international drivers license based on your german one. That way, at least for the next year, you don't run the risk of an arrest for driving without a license (which might also mean driving without insurance as it says somewhere in their smallprint that you must have a DL).

- given your over 10 years in the country without a criminal conviction and given your US citizen kids, even if they picked you up there are a couple of avenues for you to get out of this pickle. You would have the option of filing an adjustment request at your deportation hearing and the judge would have discretion to direct USCIS to issue a GC to you. Contrary to what some people here will tell you (or used to tell you at least until earlier this week), this is something IJs will frequrently do. Not all of them are evil, many will actually give a hard-working (and except for the immigration issues) law abiding individual a break.

245i does NOT confer any 'immunity' and for USCIS you don't have any particular protected status. All you have is a piece of paper at the labor department that might give you a GC one day. And while USCIS has not gone out to pick up people who filed under 245i, if they 'encounter you in their regular enforcement activities' (e.g. roadblocks in VT or other border states), you are bound to end up in removal proceedings like anyone else who has violated immigration law.

Don't loose hope. Even the flimsiest 245i employment based cases seem to get approved these days. Make sure that the corporation that filed is aware of the fact that they might receive mail from the labor department an that they make sure that it doesn't get lost. Also, given the long time period, you might have to take steps that the accountant of the corporation keeps copies of their financial records for the year when the LC was filed.