You are using an out of date browser. It may not display this or other websites correctly.
You should upgrade or use an alternative browser.
You should upgrade or use an alternative browser.
Out of Status for 2 weeks
- Thread starter Havana
- Start date
leroythelion
Registered Users (C)
In fact
He may not even qualify for AOS. Out of status is not a problem for CP as long as it was for less than 6 months.
He may not even qualify for AOS. Out of status is not a problem for CP as long as it was for less than 6 months.
It is safe for AOS under 245(k).
If out of status is under 180 days, no problem for AOS. If over 180 days, then may he is qualified under 245(i). But the latter one seems a little complicated.Please see the link file on page 148. http://www.immigration.com/newsletter/i485standard.pdf
Below I copy that page.
________________________________________________
In General Section 245(k) is for those employment-based applicants who are ineligible to
adjust status under section 245(a).
If it is determined that an applicant is ineligible to adjust status under section
245(a), the officer should first consider eligibility under section 245(k). If
section 245(k) is inapplicable, section 245(i) should then be considered.
Applicants who meet the eligibility requirements of section 245(k) of the Act
became entitled to its benefits as of November 26, 1997.
Eligibility Section 245(k) provides that certain aliens who:
• were lawfully admitted to the United States; and
• are eligible to receive an employment based immigrant visa under section
203(b) paragraphs (1), (2), or (3), or section 203(b)(4), in the case of a
section 101(a)(27)(C) religious worker,
and became eligible to apply for adjustment of status under section 245(a);
provided that subsequent to their admission they have not, for an aggregate
period of more than 180 days:
• failed to continuously maintain a lawful status;
• engaged in unauthorized employment; or
• otherwise violated the terms and conditions of their admission.
Refer to the Quick Reference Guides provided on pages 7-2.14 and 7-2.15 to
determine if 245(a), (i), or (k) applies.
Filing
Requirements
These applicants are not required to submit Form I-485 Supplement A or to
pay the penalty fee as required in 245(i).
There may be some adjustment applicants who have erroneously submitted a
Supplement A and the section 245(i) penalty fee between November 26, 1997
and April 30, 2001. If you encounter a case like this, you should return the
Form I-485 Supplement A and refund the penalty fee. Otherwise, we will not
refund unsolicited penalty fees.
To initiate a refund, attach the worksheet to the front of the file and route it
according to local policy.
If out of status is under 180 days, no problem for AOS. If over 180 days, then may he is qualified under 245(i). But the latter one seems a little complicated.Please see the link file on page 148. http://www.immigration.com/newsletter/i485standard.pdf
Below I copy that page.
________________________________________________
In General Section 245(k) is for those employment-based applicants who are ineligible to
adjust status under section 245(a).
If it is determined that an applicant is ineligible to adjust status under section
245(a), the officer should first consider eligibility under section 245(k). If
section 245(k) is inapplicable, section 245(i) should then be considered.
Applicants who meet the eligibility requirements of section 245(k) of the Act
became entitled to its benefits as of November 26, 1997.
Eligibility Section 245(k) provides that certain aliens who:
• were lawfully admitted to the United States; and
• are eligible to receive an employment based immigrant visa under section
203(b) paragraphs (1), (2), or (3), or section 203(b)(4), in the case of a
section 101(a)(27)(C) religious worker,
and became eligible to apply for adjustment of status under section 245(a);
provided that subsequent to their admission they have not, for an aggregate
period of more than 180 days:
• failed to continuously maintain a lawful status;
• engaged in unauthorized employment; or
• otherwise violated the terms and conditions of their admission.
Refer to the Quick Reference Guides provided on pages 7-2.14 and 7-2.15 to
determine if 245(a), (i), or (k) applies.
Filing
Requirements
These applicants are not required to submit Form I-485 Supplement A or to
pay the penalty fee as required in 245(i).
There may be some adjustment applicants who have erroneously submitted a
Supplement A and the section 245(i) penalty fee between November 26, 1997
and April 30, 2001. If you encounter a case like this, you should return the
Form I-485 Supplement A and refund the penalty fee. Otherwise, we will not
refund unsolicited penalty fees.
To initiate a refund, attach the worksheet to the front of the file and route it
according to local policy.