How is out of status time counted if AOS is denied?

[SearchingForAnswe 0]

Hi,

If immediate relative of USC is out of status for short amount of time (3 weeks) before applying for AOS and AOS is later denied for some reason, how the time out of status is being counted? Is the whole time of AOS pending going to count as out of status if it is denied? What about if it is considered abandoned?

Thanks!

[YuAndDan 153]

Time AOS is pending is NOT counted as out of status time, only time before filing and after denial. And I believe USCIS gives you 30 days after denial to leave without penalty.

From what will you be adjusting from?? Denial of AOS from a K-Visa is very rare!

Edited June 3, 2009 by YuAndDan

[SearchingForAnswe 0]

You guys are fast Thanks very much for your help.