Legal status while I-485 is pending
- Thread starter MPHILIP28
- Start date
poongunranar
Registered Users (C)
goastros:
Thanks for the clarification (even though it sounds ridiculous
). Seems like folks at the receiving end like us in this forum are more informed than the authorities concerned. Why don't they become members of this forum to be "better educated" on how to deal with our cases ?
Thanks for the clarification (even though it sounds ridiculous
). Seems like folks at the receiving end like us in this forum are more informed than the authorities concerned. Why don't they become members of this forum to be "better educated" on how to deal with our cases ?"So, you are saying the I-94 shows your legal status"
Yes, you have to have a valid I-94 to remain in status until your GC is approved. I just got to know this a month ago when I won the 2004 lottery Visa (DV).
Having EAD allows you to work but does not guarantee legal status!
Yes, you have to have a valid I-94 to remain in status until your GC is approved. I just got to know this a month ago when I won the 2004 lottery Visa (DV).
Having EAD allows you to work but does not guarantee legal status!
My wife flew in to Elpaso in dec '02 with EAD and passport. Our H1 and I94 Expired in aug '02. She had no problems travelling. I think these poeple at that border post are immigration officers deputed from TSC recently, as they are well known to do such weired things.
W8nc
At least carry an online status print out with your name typed on it to save some trouble in this kind of situation. Some thing is better than nothing. Also consult your lawyer.
W8nc
At least carry an online status print out with your name typed on it to save some trouble in this kind of situation. Some thing is better than nothing. Also consult your lawyer.
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EAD and Proof of Status
Gentlemen,
The notice we receive from the Service Center (in my case TSC) with our EAD clearly says "this document is a proof of status."
As most of us ordinarily do, I filed for my EAD and AP with my I-485 at TSC (of course long time ago). I received my EAD in the mail with a letter explaining the EAD document, its regulations and use. In this letter there is a paragraph which reads "this document is a proof of status."
Good luck to all of us!!
Gentlemen,
The notice we receive from the Service Center (in my case TSC) with our EAD clearly says "this document is a proof of status."
As most of us ordinarily do, I filed for my EAD and AP with my I-485 at TSC (of course long time ago). I received my EAD in the mail with a letter explaining the EAD document, its regulations and use. In this letter there is a paragraph which reads "this document is a proof of status."
Good luck to all of us!!
Another thing to be aware of!!!
I was returning from Canada with an Expired I-94 but with my H1 revalidated within the U.S and the I-797 approved H1 extension notice. I was stopped at the POE for nearly 2 hrs because the officers there didn't know that H1 can be revalidated within U.S. They also argued that H1 is valid only for 3 years and how come I have more. and what does department for Place of issue mean. I did not have my AP with me because of my H1 status. My spouse is canadian and I have a canadian GC but even that did not help. This was when people with Canadian GC were allowed to visit U.S without visa. Luckily for me after waiting for so long an elderly officer came in and he was aware of the procedures so he taught the others and let me go after looking at the I-94 on my 797 form.
So anything can happen in this country was just have to face it !!!!
MPHILIP28 all the best to you. I'm sure they'll let you go hopefully with a GC too!!!
I was returning from Canada with an Expired I-94 but with my H1 revalidated within the U.S and the I-797 approved H1 extension notice. I was stopped at the POE for nearly 2 hrs because the officers there didn't know that H1 can be revalidated within U.S. They also argued that H1 is valid only for 3 years and how come I have more. and what does department for Place of issue mean. I did not have my AP with me because of my H1 status. My spouse is canadian and I have a canadian GC but even that did not help. This was when people with Canadian GC were allowed to visit U.S without visa. Luckily for me after waiting for so long an elderly officer came in and he was aware of the procedures so he taught the others and let me go after looking at the I-94 on my 797 form.
So anything can happen in this country was just have to face it !!!!
MPHILIP28 all the best to you. I'm sure they'll let you go hopefully with a GC too!!!
MPHILIP28,
Sorry to hear about the fiasco but it is just a mistake. Things like this happen once in a time. I am reminded of the case of an Indian-born Candian citizen few months ago in Chicago airport, whose passport was cancelled and she was put on a plane back to Kuwait. The case received widespread attention because the INS officers didn't follow procedures.
I am sure you will be fine. Appear at the hearing well organized and obviously take an attorney with you. Good luck!
Sorry to hear about the fiasco but it is just a mistake. Things like this happen once in a time. I am reminded of the case of an Indian-born Candian citizen few months ago in Chicago airport, whose passport was cancelled and she was put on a plane back to Kuwait. The case received widespread attention because the INS officers didn't follow procedures.
I am sure you will be fine. Appear at the hearing well organized and obviously take an attorney with you. Good luck!
goastros, I did consult a good immigration attorney. He said that the Border Patrol clearly made a mistake in giving an NTA for violation of my status. He might probably be able to cancel the NTA before the hearing date. But then again, this is a removal hearing and it should be treated carefully.
I will keep you guys posted if there is further development on the case.
I will keep you guys posted if there is further development on the case.
deputydawg
Registered Users (C)
Even when i cross into canada or come back, there are sometimes offiders in the checkpoint who know less about immigration cases lile AOS, I-485 documentation etc. than the person actually going through the system like you and I. The best solution is to be polite but firm about your conviction and ask for an exact document that shows what paperwork you need to carry.
Bear in mind these people are not only responsible for knowing about employment based green card procedures but also about every other immigration category and paperwork associated with it. So it's very possible that a person makes a mistake or isn't familiar with a particular nuance. I think if you get a persuasive lawyer, not only will your case be thrown out but you may even receive faster adjudication or adjudication on the spot.
Bear in mind these people are not only responsible for knowing about employment based green card procedures but also about every other immigration category and paperwork associated with it. So it's very possible that a person makes a mistake or isn't familiar with a particular nuance. I think if you get a persuasive lawyer, not only will your case be thrown out but you may even receive faster adjudication or adjudication on the spot.
deputydawg, Thank you for your insight. I guess we just have to live with some officers who do not understand the law and made a mistake in performing their job. But, then this mistake will cost me a lot of money and time not to mention the sleepless night and axiety that I am going through.