What's my status?

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captainkit

Registered Users (C)
Hi everyone, thanks for all the help with my other questions! A couple more (just because you guys seem to know more than my international student advisor and hubby's lawyer friend combined!)

I'm an F-1 student (never out of status) married to a USC, and I recently filed my I-130 and I-485. What's my current status now that I've filed my papers? I know I can remain an F-1 if I continue to follow the rules, but what if I fall out of F-1 while I'm waiting for my GC? I've heard people use "AOS pending," is that an official term?

Hubby's lawyer friend told me that when people file for AOS, even if they've been in the US legally up to that point, they become "out of status." :confused: I know that isn't right! (No, he's not an immigration lawyer, thank god. But I can't get my husband to stop listening to him!)

Also, at what stage in the process do I/can I get an SSN? How do I go about doing that?

Finally, when will I have enough "proof of legal status" to get a driver's licence? I applied for one when I first arrived here as an F-1 a year ago (in California.) The DMV lady at the time said that all was well as I had my passport, visa, I-94 and I-20 to show them and I had more than six months left on my I-20. The DMV website and my student handbook also said that I was eligble for a DL if I had these documents.

I paid all the fees, passed the driving test, was given a temporary (paper) driver's license, and told to expect the real thing in 2-3 months as they check your legal status with USCIS. After four months I received a letter saying I was denied because they didn't have enough evidence of my legal status. I rang the DMV to ask what more I needed to show them, and the guy said "more papers." I said, "I've shown you all the documents I have from USCIS. Do I need to get something more from them, or are you looking for more proof of my address or a confirmation of enrollment from my school?" Mr DMV said, "I don't know. We just need more papers." Again, I repeated that I'd already shown them all my immigration paperwork. I asked what more they needed besides my passport, visa, I-94, and I-20. He said, "more papers. Re-apply when you have more papers" and hung up on me.

Repeated phone calls to the DMV established that nothing was wrong with the documents I'd given them, I just needed "more" even though no-one could tell me what "more" should actually consist of. Bah humbug.

I really want a DL but I'm not going through (and paying for!) another test if they're just going to knock me back because I need "more papers." At what stage is it safe to apply? Should I wait until I have my GC?

Thanks :)
 
captainkit said:
I've heard people use "AOS pending," is that an official term?
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Strictly speaking, you have no non-immigrant status, but you are in a "period of stay authorized by the Secretary of Homeland Security". At the end of the day, you are legally in the US.

Also, at what stage in the process do I/can I get an SSN? How do I go about doing that?
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Once you have employment authorization (you filed an I-765 with your I-485, right?), go to the SSA with your card and apply for an SSN.

He said, "more papers. Re-apply when you have more papers" and hung up on me.
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DMV employees are subhuman. I'd rather my daughters worked in a whorehouse than the DMV. Go back to the DMV office and apply again. If you get rejected again, contact your state representative.

At what stage is it safe to apply? Should I wait until I have my GC?
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Remove the word "safe" from your vocabulary. What you're doing is not unsafe - and when you deal with subhuman DMV morons who are fit only for medical research, you are always subject to denial, even when a US citizen. Just keep pushing.
 
You do not have status anymore and became out of status.

The lawyer is right you lost F1 status when you applied for AOS I-485. You would save your previous status if it had been H/K/L/V visa status, all other statuses killed since you applied for AOS. However your staying in US is legal.

Generally I would agree with TheRealCanadian about DMV and if I were you I would try other DMV in your state, I bet you will have better chances there.
 
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Thanks for the help! It's strangely comforting to know it isn't just me who really, really hates the DMV. I'd like to try again because it would be so much easier to have a DL instead of carrying my passport around as ID.

So I am technically "out of status" now... I didn't know that! Someone else on this forum told me I should keep following all the F-1 rules and "maintain my F-1" so I can fall back on F-1 status if my AOS is denied for some reason... but sfmars, you say I've lost my F-1 by default by applying for AOS? I'd love to know which is correct... I wouldn't mind so much if I was done with F-1 because I'd like to transfer to another program at my school which isn't on the F-1 approved list. If keeping my F-1 is a real "fallback option" it makes sense to keep following the rules, but if that's not the case I'd like to know so I can pursue what I really want to do without reservations.

This "out of status" thing begs one more question... The reason I didn't believe our lawyer friend when he said I was out of status is that he brought it up in relation to travelling outside the US, and what he said in that context didn't seem right to me.

If I don't have my GC before Christmas (and I don't expect to - that would be a quick process, but fingers crossed!) I was hoping to use AP to visit home. Lawyer friend told us that now that I've applied for AOS, I'm out of status and therefore accruing overstay days. He told me I won't be able to go home at Christmas, even with AP, since it will have been more than 180 days since I applied for AOS and they may ban me for three years.

Now that you've both explained how it works, I can see that I'm between statuses and hence out of status in the technical sense... but how can I be accruing overstay days since I'm 100% legal and have never been out of status until this point? I hope that even if he's correct about my being out of status, he's wrong about the building up overstay days thing. I will be very depressed if I can't go home in December :(

Thanks so much for your advice!
 
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captainkit said:
but how can I be accruing overstay days since I'm 100% legal and have never been out of status until this point? I hope that even if he's correct about my being out of status, he's wrong about the building up overstay days thing. I will be very depressed if I can't go home in December :(
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There isn't out of status or overstay involved in your scenario.
 
captainkit said:
Thanks for the help! It's strangely comforting to know it isn't just me who really, really hates the DMV. I'd like to try again because it would be so much easier to have a DL instead of carrying my passport around as ID.

So I am technically "out of status" now... I didn't know that! Someone else on this forum told me I should keep following all the F-1 rules and "maintain my F-1" so I can fall back on F-1 status if my AOS is denied for some reason... but sfmars, you say I've lost my F-1 by default by applying for AOS? I'd love to know which is correct... I wouldn't mind so much if I was done with F-1 because I'd like to transfer to another program at my school which isn't on the F-1 approved list. If keeping my F-1 is a real "fallback option" it makes sense to keep following the rules, but if that's not the case I'd like to know so I can pursue what I really want to do without reservations.

This "out of status" thing begs one more question... The reason I didn't believe our lawyer friend when he said I was out of status is that he brought it up in relation to travelling outside the US, and what he said in that context didn't seem right to me.

If I don't have my GC before Christmas (and I don't expect to - that would be a quick process, but fingers crossed!) I was hoping to use AP to visit home. Lawyer friend told us that now that I've applied for AOS, I'm out of status and therefore accruing overstay days. He told me I won't be able to go home at Christmas, even with AP, since it will have been more than 180 days since I applied for AOS and they may ban me for three years.

Now that you've both explained how it works, I can see that I'm between statuses and hence out of status in the technical sense... but how can I be accruing overstay days since I'm 100% legal and have never been out of status until this point? I hope that even if he's correct about my being out of status, he's wrong about the building up overstay days thing. I will be very depressed if I can't go home in December :(

Thanks so much for your advice!
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u need to find urself another lawyer. That guy has no idea as to how US immigrations works. U are not out of status. You are not accruing any overstay as your I-485 is still pending. You will be if it does get denied probably would never happen. And again, you should be able to travel back home when you get ur AP. i don't know why you are still talking to this lawyer. U probably know more about immigration laws than he does.
 
Read what TRC told you...you are in a period of authorize stay or an adjustee. Period.
About the DMV, will depend on a DMV...normally they just like to see SSN and EAD. They don't understand about papers...they like cards.

Did you apply for an EAD?
 
This is what Attorney Murthy says

TheRealCanadian said:
Wrong.



Wrong.



Wrong.
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Attorney Murthy has clearly answered this question in numerous chat sessions. The F1 holder loses F1 status immediately after filing the 485 AOS application. Check out the following replies from Murthy:

Chat User : My wife has an H-4 to F-1 change of status pending. How do I go about filling for my wife's I-485 in July?

Attorney Murthy : A person on H-4 status is allowed to enjoy dual intent, but not a person on F-1 status. Basically, upon filing the I-485, the person loses the F-1 status altogether. So before a decision is made on the F-1, the person is considered to be on H-4 status, especially if the I-94 card for the H-4 status has not yet expired. If the H-4 status has expired, then one must show the filing of the COS to F-1 to show maintenance of lawful, nonimmigrant status in order for the I-485 filing to be approved down the road.

Chat User : Is it legal to work on CPT (F-1) with I-485 pending? What are the legal options until the EAD is approved? Can one work unpaid to retain the job?

Attorney Murthy : There is no dual status allowed while one is on F-1 and files the I-485 AOS application. This is unlike the H1B and L-1 and their dependents that enjoy the benefit of the dual intent doctrine. There are potential risks in working even unpaid since presumably, there is some form of compensation possible in such cases.
 
I continued working on my OPT permit after I filed for AOS and until it expired and I got an AOS EAD. I was in F-1 status all that time and chose to abandon it later.
 
sfmars said:
Attorney Murthy has clearly answered this question in numerous chat sessions. The F1 holder loses F1 status immediately after filing the 485 AOS application.
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Last time I checked, Sheela Murthy was not a USCIS official, BIA adjudicator or US federal judge. Therefore, her opinions are just that.

And having had the opportunity to deal with her office as a client, while she and her colleagues are generally knowledgeable, I would not consider them to the authoritative on every aspect of immigration law.
 
I am so, so confused now! I found the following information at: http://www.nafsa3.org/RegUpdates/TSCLiaisonMtgMar2006.doc , but it seems to contradict itself (i.e. it says you lose F-1 status when you file for I-130/I-485, but then it says you should maintain your F-1 status until you are adjusted to PR... this makes no sense.)

D. We would like to receive clarification regarding the legal status of F-1s and J-1s who have pending I-130s/I-485s (and sometimes I-765s or approved EAD cards). Does the F or J status remain valid if the student has a pending I-485?

No it does not.

D.1. Could an F-1 student with a pending I-485 file for OPT? If yes, should the I-485 receipt be included with the application?

No. We have been instructed by HQ that a Student with a pending 485, who is eligible for a C9 EAD, can no longer have a C3 EAD since their intent has changed to that of an Immigrant. If the student has a pending 485, a copy of the receipt notice would be very helpful to include with the application.

D.2. What is the guidance regarding adjustment of status and SEVIS maintenance? Until what point must a person maintain F-1 or J-1 status?

Each school is responsible for the updating and maintaining SEVIS; the technical responsibility to SEVIS lies with ICE. The schools should contact the SEVIS Help Desk for assistance with file maintenance. F-1 and J-1 students must maintain their status until they are adjusted to LPR status.
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My F-1 finishes in a few months anyway, so whatever the case I'll be out of F-1 at some point in my AOS process... I just want to know if I can be done with F-1 before that...
 
Please help!

I still have no definitive answer on whether I can/should be maintaining my F-1 status now that my I-130/I-485 has been received by USCIS.

Who is the best person to contact? I'm guessing my F-1 status is finished with, if only because my international student advisor at UCLA now says my enrollment issues are not his responsibility! But do I need to do something to "finish up" my status as F-1 and close my SEVIS record?

Should I be calling, USCIS, SEVIS, a lawyer, or someone completely different to get the facts?

Thanks!
 
captainkit said:
Please help!

I still have no definitive answer on whether I can/should be maintaining my F-1 status now that my I-130/I-485 has been received by USCIS.

Who is the best person to contact? I'm guessing my F-1 status is finished with, if only because my international student advisor at UCLA now says my enrollment issues are not his responsibility! But do I need to do something to "finish up" my status as F-1 and close my SEVIS record?

Should I be calling, USCIS, SEVIS, a lawyer, or someone completely different to get the facts?

Thanks!
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You won't get definition answers probably even from lawyers. I wouldn't too much worry.
 
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