Out of Status Less than 180 days before filing 485

L

LAKING

Registered Users (C)
Hi,
A freind of mine was Out of Status Less than 180 days before filing 485( I-94 expired 125 days prior to filing). Submitted I-94 and did not mentioned anywhere about it. Will BCIS come to know of it or anyone knows what can happen. Thanks for the feedback. WAC-02-121-#####.
 
Yes very likely that they will know about it but still you should not worry.

INS asks you to fill a Biographical information form , as a part of the 485 application, if you remember the bio form asks clearly the dates you were in and out of the US, and on what status were u insdie the US (Hi/L1/H4/L2 etc etc)

That form will straight away capture the fact that the applicant was out of status - assuming that you didn't lie. Well if you did lie then I don't even want to guess your fate!

Now, as a part of the 485 process INS has a rule to deny AOS for anone who is out of status for mor than 180 days, but for people who are out of status for less than 180 days the rule does not apply and the person is granted waiver.

So now take your pick, if you lied then u have a serious problem! else you should be fine as far as your violation is less than 180 days, something like DUI dude, your BAC is around 0.07% in this case!:D
 
Originally posted by pceefan

Now, as a part of the 485 process INS has a rule to deny AOS for anone who is out of status for mor than 180 days, but for people who are out of status for less than 180 days the rule does not apply and the person is granted waiver.
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Even if you are out of status for more than 180 days there is section 245(i) to cover you, pay the $1,000.00 fine - if you meet the criterea that is.
 
Out of status is applicable only for primary applicant?

Out of status rule is applicable only for primary applicant? I mean Ins/BCIS will look out of status for dependent applicant also? ex. dependendent is on H1B and not having job for more than 180 days what will happen before filing AOS?

thanks
patha
 
Section 245(K)

Understand that there is section 245(k) to deal with out of force less than 180 days. But the thing what if it is mentioned about it explicitly, although did not lie about anything. Guys, any thoughts on this. Thank for the positive words.
 
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