Applying for AOS with an expired I-94!!

[anjans 21]

Hi.

Me and my husband are at the stage of filing for Adjustment of status for me, which is a bit late. I am really concerned about the I-94 , i read that some people renew them and i havent given it much thought before cause noone ever mentioned it.

Is it gonna be a problem since it expired in May this year? Are we in trouble?

[Zedayn 485]

You do not need to file AOS by the expiration in the I-94, you only need to be married by then. You are fine.

[agrabs 237]

You can't renew the I94. You got married before it expired so you are fine, its not a problem that you are a bit late. Technically you are out of status until you apply for AOS so do this as soon as possible. When you get your EAD/AP card this is what you will have to show your legal presence here.

[anjans 21]

You can't renew the I94. You got married before it expired so you are fine, its not a problem that you are a bit late. Technically you are out of status until you apply for AOS so do this as soon as possible. When you get your EAD/AP card this is what you will have to show your legal presence here.

You do not need to file AOS by the expiration in the I-94, you only need to be married by then. You are fine.

Ok guys, thanks, now i can relax. We married within 90 days, so we should be fine then

[Pitaya 2,576]

You should be fine. However, you should avoid traveling to southwestern US border area without appropriate documentation.

There are on-reports of roving CBP document checking stations in that area. Check this thread for more information:

http://www.visajourney.com/forums/topic/452350-aos/

Good luck on your immigration journey.

[jxn 86]

File for AoS as soon as possible, and even if you have AP people recommend not traveling abroad until you have the green card since you're out of status and you've accrued overstay. Depending on the length, you would otherwise be subject to a ban on reentry. AP allows the CBP immigration officer to make a judgment call on entry to the U.S., but the green card essentially gets you in.

[KayDeeCee 4,891]

File for AoS as soon as possible, and even if you have AP people recommend not traveling abroad until you have the green card since you're out of status and you've accrued overstay. Depending on the length, you would otherwise be subject to a ban on reentry. AP allows the CBP immigration officer to make a judgment call on entry to the U.S., but the green card essentially gets you in.

There is no ban applied to those re-entering using AP obtained due to filing for AOS.

http://www.state.gov/documents/organization/87120.pdf

9 FAM 40.92 N2.2 INA 212(a)(9)(B)(i)(II) Departure At Any Time

The 10-year bar under INA 212(a)(9)(B)(i)(II) does not contain the same language as the three-year bar under INA 212(a)(9)(i)(I) relating to the alien having departed voluntarily prior to commencement of removal proceedings. Thus, an alien who departs the United States after having been unlawfully present for a period of one year or more subsequent to April 1, 1997, is barred from returning to the United States for 10 years, whether the departure was before, during, or after removal proceedings and whether the alien departed on his or her own initiative or under removal order. The one exception to this rule (see also INA 212(a((9)(B)(v)) is that an alien cannot become inadmissible under INA 212(a)(9)(B)(i)(II) solely by virtue of a departure and return to the United States undertaken pursuant to a valid grant of advance parole based on the alien’s pending application for adjustment of status. Note that this does not preclude a trip under a grant of advance parole from being considered a “departure” for any other purposes under the INA, nor does it call into question the applicability of any other inadmissibility ground. On the contrary, it is well settled that an alien who leaves the United States and returns under a grant of advance parole is subject to those grounds of inadmissibility that may apply, rather than grounds of deportability, once parole is terminated. (See Matter of Arrabally and Yerrabelly, 25 I&N Dec. 771 (BIA 2012.)