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prairieprincess

Help figuring out my alien status?

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Hi everyone, quick background: I entered on a K-1 visa, married within the 90 days and filed for EAD/AP/AOS. I just received my EAD/AP card and plan to start working soon as a vet tech. I'm filling out an application form to register as a tech here and I have to choose an option for the Alien Status Declaration, but I'm not sure what to choose since I'm in the weird AOS-pending status. I've narrowed down my options to these:

1. An alien lawfully admitted for permanent residence under the INA

2. An alien paroled into the U.S. for at least one year under Section 212(d)(5) of the INA

3. An alien paroled into the U.S. for less than one year under Section 212(d)(5) of the INA

4. An alien granted conditional entry under Section 203(a)(7) of the INA

5. A nonimmigrant under the INA (8 U.S.C. 1101 et seq.)

6. A person not described in the previous categories who is otherwise lawfully present in the U.S.

I tried reading through the laws, but a lot of it is way over my head.. any help trying to figure this out would be very much appreciated!!

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41 minutes ago, prairieprincess said:

Hi everyone, quick background: I entered on a K-1 visa, married within the 90 days and filed for EAD/AP/AOS. I just received my EAD/AP card and plan to start working soon as a vet tech. I'm filling out an application form to register as a tech here and I have to choose an option for the Alien Status Declaration, but I'm not sure what to choose since I'm in the weird AOS-pending status. I've narrowed down my options to these:

1. An alien lawfully admitted for permanent residence under the INA

2. An alien paroled into the U.S. for at least one year under Section 212(d)(5) of the INA

3. An alien paroled into the U.S. for less than one year under Section 212(d)(5) of the INA

4. An alien granted conditional entry under Section 203(a)(7) of the INA

5. A nonimmigrant under the INA (8 U.S.C. 1101 et seq.)

6. A person not described in the previous categories who is otherwise lawfully present in the U.S.

I tried reading through the laws, but a lot of it is way over my head.. any help trying to figure this out would be very much appreciated!!

hmm...confusing options...i didnt know that such question exists and now since i read this, looks like am gonna face the same question in the future. Am guessing its option 6 but i"ll wait for experienced members to answer it.


19-APR-2017- K-1 Visa Granted

11-MAY-2017- Entered US

14-JUN-2017- Got married

_____________________________________________________________________________

05-AUG-2017- Sent AOS package to chicago lockbox

07-AUG-2017- AOS Package Reached Chicago lockbox

10-AUG-2017- Received E-Notifications for 3 forms at 12:30 in the night !!!

14-AUG-2017- Received NOA1 by mail

24-AUG-2017- Received letter for Biometrics

08-SEPT-2017-Biometrics done

13-DEC-2017- Received RFIE

31-JAN-2018- Response to RFIE Received by USCIS

01-FEB-2018- EAD Approved

08-FEB-2018- Received EAD Card

04-MAY-2018- AOS interview/ Approved on spot

10-MAY-2018- Received Approval letter & Green Card in mail

______________________________________________________________________________

 

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It cannot be option 1 since you are not yet a permanent resident (not yet approved). Options 2-4 do not at all apply to you. I'm not familiar with Section 212 but non-immigrant doesn't apply to you either so not option 5. So that leaves you with 6. Is there some space in your application under option 6 where you can explain your situation? You should write something along the lines that you are awaiting adjudication to become a permanent resident and in the meantime the U.S. government has authorized you to work hence the EAD card. Once you're approved, it would be option 1.

Edited by CookieCat

 

 



07/09/2008: F-1 Interview - Successful
05/01/2013: (L) Married (L)

AOS from F-1:
07/09/2013: AOS package (I-130/I-485/I-756/I-131) fedexed
09/25/2013: AOS Interview with my husband at Milwaukee, WI
03/03/2014: AOS Approved

I-751 Removal of Conditions:

11/13/2015: Received reminder notice dated 11/08 from USCIS to apply for ROC
Day 00 - 12/04/2015: Mailed I-751 package to CSC via USPS Priority Mail
Day 03 - 12/07/2015: I-751 package delivered
Day 05 - 12/09/2015: Check cashed
Day 07 - 12/11/2015: NOA1 received dated 12/07/15
Day 22 - 12/26/2015: Biometric appointment notice received dated 12/19/15
Day 35 - 01/08/2016: Biometric appointment

Day 235 - 07/26/2016: Approved (E-notification of Card Production)

Day 238 - 07/29/2016: Status changed to 'Card Was Mailed to Me'

Day 241 - 08/01/2016: CSC returned original docs that were submitted at the time of application.

Day 241 - 08/01/2016: New status update 'Card was picked up by the United States Postal Service' Priority Mail 2-Day with tracking number provided.

Day 243 - 08/03/2016: Received 10 year Green Card

Day 255 - 08/15/2016: Received NOA2 with approval dated 07/26/2016

Click here for a sample of my cover letter, list of evidence, package assembly & shipping box

Click here for a sample of my I-751 notarized affidavit from a friend

 

 

N-400 Naturalization:

12/03/2016: Eligible

Day 00: 12/12/2016 Mailed N-400 to Phoenix, AZ lockbox via USPS Priority Express

Day 01: 12/13/2016 N-400 application delivered

Day 03: 12/15/2016 Credit card charged

Day 07: 12/19/2016 Text & e-mail notification received with a NBC receipt #

Day 11: 12/23/2016 NOA received via mail with priority date 12/13/16

Day 16: 12/28/2016 Received E-mail notification reg. biometrics scheduling

Day 19: 12/31/2016 Received Biometric notice via mail with notice date 12/24/2016

Day 32: 01/13/2017 Biometric appointment

Day 53: 02/03/2017 Received e-mail notification stating I am "in line" for interview scheduling

Day 144: 05/05/2017 Filed an e-request that interview notice was not yet mailed to me

Day 148: 05/09/2017 Received e-mail notification that interview has been scheduled after being in line for 95 days

Day 151: 05/12/2017 Received N-400 Interview notice via USPS

Day 183: 06/13/2017 N-400 Interview at USCIS Milwaukee, WI field office (Approved!) ***To read about my interview experience, click here***

Day 192: 06/22/2017 Received e-mail notification stating I am placed in line for oath ceremony

Day 206: 07/06/2017 Received e-mail notification stating oath ceremony notice was mailed

Day 210: 07/10/2017 Received oath ceremony notice (N-445) via USPS

Day 227: 07/27/2017 Oath Ceremony at Milwaukee, WI!

Dual citizen (France & U.S.A) / OCI card holder

 

Day 00: 07/27/2017 U.S. passport application at Milwaukee, WI (routine processing)

Day 05: 08/01/2017 Passport application locator number provided

Day 06: 08/02/2017 Checks cashed

Day 12: 08/08/2017 Received 2 e-mails stating that passport processing is over and it has been mailed with tracking # provided

Day 15: 08/11/2017 Received passport book via Priority Mail

Day 18: 08/14/2017 Received passport card via First Class Mail

Day 22: 08/18/2017 Received naturalization certificate back via Priority Mail / Updated citizenship status with SSA
 

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Thanks for your help! I was thinking it might be the last option too. There is a note with option 6 that worried me a bit though, it says "The federal Personal Responsibility and Work Opportunity Reconciliation Act may make persons who fall into this category ineligible for licensure. See 8 U.S.C. 1621 (a)." (I tried looking that one up as well, it has to do with professional licenses but other than that I had a hard time understanding what it all meant).

 

I will write up my application tomorrow and send it in, whatever the outcome is I will make a note on here for anyone who has the same question in the future.

 

 

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For anyone wondering how it went, I filled out my application to register as a vet tech under "A person not described in the previous categories who is otherwise lawfully present in the U.S.". They accepted my application, I passed the state testing and am working as an RVT here now :D

 

Also have my AOS interview next week.. excited but nervous!

 

 

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