Legal status while waiting AOS

[KayMar 4]

My husband came on a K1 visa. We are AOS pending as well. I did go to the DMV and we were able to get him a State ID but they will use the expiration date of your I94 as the ID's expiration which gives him only a month or so. I went for it since ID is everything around here and who needs to carry around the passport always. If he were getting a driver's license he could get a driving permit then license using his I94 expiration date as well. Anything that you get will expire on the same day as his I94 and can be renewed when you receive his permanent resident card.

[jpcanon 0]

Hi

Finally I got the idea to get state ID to stop carrying my passport with me all the time (for drinks or buying cigarettes).

AOS package was filed in Dec'10, adjusting status from K-1 visa.

And what I found on DMV web site was that besides SSN I also need to provide them with the evidence of legal presence in US.

In California, they say, the following might be used as legal presence evidence:

* Permanent Resident Card - dont have it

* Temporary Resident Identification Card - what is that?!

* Valid foreign passport with a valid Record of Arrival/Departure (form I-94) - I have passport but is I-94 valid after the date of the stamp? Mine says Jan 02 2011

* "Processed for I-551" stamped in a valid foreign passport - nope

* Employment Authorization Card - dont have it yet

* Notice of Action (I-797 Approved Petition) – must indicate approved extension of stay or change in status that grants temporary or permanent residency, or indicates that an original, duplicate or renewal Resident Alien card is forthcoming. - hmmm, does anybody know about this NOA? When they send it? After the Interview?

As all I have in the moment is my passport with I-94, NOA1 for AOS and NOA for Biometrics appointment.

Hm, do you think it is worth trying to get inside DMV with that and try to apply state id/driving licence?

I tried to get my gal a California ID card (same rules apply to getting a DL) at the DMV after she got here. All we had to show them was her I-94 which is valid for 90 after she arrived on the K1 visa. The catch is that it must have 60 days or more validity left on it- when we went it had like 50 days validity left before expiring. Went thru the whole process at the DMV and when we got to the final step to pay for it, the computer caught it and we got shut down!

Joe

[VanessaTony 3,567]

You are correct.

USCIS considers a person with a pending adjustment of status application to be in a period of authorized stay as granted by the Attorney General. This was stated in a policy memorandum by USCIS on June 17, 1997:

http://www.americanlaw.com/unlawfulmemo1.html

"Aliens with properly filed applications for adjustment of status under both sections 245(a) and 245(i) of the Act will be considered aliens present in the United States under a period of stay authorized by the Attorney General."

There is no similar statement anywhere in either the INA or CFR, which explains why you have difficulty finding it in the law. The purpose of the memorandum was to clarify what constitutes "unlawful presence" as opposed to "out of status". Under the definition provided by the memorandum, an alien with an AOS application pending may be "out of status" if their non-immigrant status has expired, but they are not accumulating "unlawful presence" because their stay is currently authorized by the Attorney General.

I don't think of it so much as limbo. It's more of a grace period.

Danielle Rizzo has written a good article about this topic on the AILA site:

http://www.ilw.com/articles/2009,0120-rizzo.shtm

Remember once i told you you have this uncanny way of knowing when I'm talking about you and appearing?? You did it again and this time I didn't even say your name!

Thank you for stating it again so people have something official to look at.

[Kathryn41 3,205]

Please try to remain courteous when you are expressing an opinion rather than belligerent or aggressive. "Attitude' is not a useful communication tool so please try to find a more acceptable way of response.

As well, one comment that can be mis-contrued as suggesting the OP lies about their residency while waiting for AOS in order to drive has been removed. VJ does not condone lying to any official or government authority.

As this thread is discussing the legal status of an AOS applicant, along with questions about DL, I am leaving it in the AOS forum as a more useful location for this discussion.

Edited January 8, 2011 by Kathryn41

[JimVaPhuong 4,863]

Remember once i told you you have this uncanny way of knowing when I'm talking about you and appearing?? You did it again and this time I didn't even say your name!

Thank you for stating it again so people have something official to look at.

I swear I'm not stalking you. No, really!

[WARREN-IRINA 1]

Due to the ILLEGAL Immigrants this is what Utah did a year ago. Everyone in the state has to do it at renewal or obtaining DL or ID cards.

LAW CHANGES:

Effective January 1, 2010, Utah Driver License Division has big changes that affect EVERYONE:

ALL applicants are required to provide the following when needing a duplicate (including applying for an endorsement), applying for or renewing a Utah Driver License, Original Utah Driver License, Utah Driving Privilege Card, or Utah Identification Card:

Proof of identity (birth certificate in English or accompanied by a translated copy if in another language) by showing evidence of original or copies certified by the issuing agency;

Proof of legal/lawful presence;

Proof of social security number or ITIN;

Two proofs of Utah residence address, if it is different than the address on your current Utah record; and

Evidence of name change, if applicable

Due to this new legislation the Renewal-By-Mail or Renewal-By-Internet option was discontinued. Everyone must appear in a licensing office for service. It is suggested that you fill out the online application, make an appointment online, and print the brochure to be sure you have all required documents.

[rallybug 17]

Due to the ILLEGAL Immigrants this is what Utah did a year ago. Everyone in the state has to do it at renewal or obtaining DL or ID cards.

LAW CHANGES:

Effective January 1, 2010, Utah Driver License Division has big changes that affect EVERYONE:

ALL applicants are required to provide the following when needing a duplicate (including applying for an endorsement), applying for or renewing a Utah Driver License, Original Utah Driver License, Utah Driving Privilege Card, or Utah Identification Card:

Proof of identity (birth certificate in English or accompanied by a translated copy if in another language) by showing evidence of original or copies certified by the issuing agency;

Proof of legal/lawful presence;

Proof of social security number or ITIN;

Two proofs of Utah residence address, if it is different than the address on your current Utah record; and

Evidence of name change, if applicable

Due to this new legislation the Renewal-By-Mail or Renewal-By-Internet option was discontinued. Everyone must appear in a licensing office for service. It is suggested that you fill out the online application, make an appointment online, and print the brochure to be sure you have all required documents.

And then it's a search on the Utah DMV website to eventually find what they require:

(a)If you are a U.S. Citizen, U.S. National or Permanent Resident Alien, you must provide the following documentation to obtain a Driver License

Identity and Legal/Lawful Status Verification (must provide one)

Valid, unexpired U.S. passport or passport card; or

Certified copy of a birth certificate filed with the State Office of Vital Statistics or equivalent agency in the individual's state of birth (hospital document, birth registration or small laminated official birth certificates issued by the Department of Health are not accepted); or

Consular Report of Birth Abroad (CRBA) issued by the U.S. Department of State, Form FS-240, DS-1350, or FS-545; or

Valid, unexpired Permanent Resident Card, Form I-551; or

Certificate of Naturalization issued by DHS, Form N-550 or Form N-570; or

Certificate of Citizenship, Form N-560 or Form N-561, issued by DHS.

Utah Residency Verification if different than current Utah Driver License record (must provide two)

Must display the applicant's name and principal Utah residence address (NO PO BOX), which may include:

Bank Statement (dated within 60 days);

Court documents;

Current mortgage or rental contract;

Major credit card bill (dated within 60 days);

Property tax notice (statement or receipt dated within one year);

School transcript (dated within 90 days);

Utility bill (billing date within 60 days), (cell phone bills will not be accepted);

Valid Utah vehicle registration or title;

Other documents acceptable to the Division upon review, except that only one document printed from the internet will be accepted.

AND - Proof of Driving Experience required for first Utah license (not required when obtaining a learner permit)

Evidence of completion of a course in driver training; or

Evidence of a driving privilege issued in another state or country.

plus SSN

(b)If you are in the United States legally but not a U.S. Citizen, U.S. National or Permanent Resident Alien, you must provide the following documentation to obtain a Limited-Term Driver License:

Identity and Legal/Lawful Status Verification (must provide one)

Unexpired Employment Authorization Document (EAD) issued by DHS, Form I-766, or Form I-688B; verified by the Systematic Alien Verification for Entitlememts system (SAVE); or

Unexpired foreign passport with documentary evidence of the applicant's most recent admittance into the United States verified through SAVE;

AND

A document issued by the U.S. Federal Government that provides proof of one of the statuses listed below verifying lawful entrance into the United States of America:

Unexpired immigrant or nonimmigrant visa status for admission into the United States issued by the U.S. Government;

Pending or approved application for asylum in the United States;

Admission into the United States as a refugee;

Pending or approved application for temporary protected status in the United States;

Approved deferred action status; or

Pending application for adjustment of status to legal permanent resident or conditional resident

AND - Proof of Driving Experience required for first Utah license (not required when obtaining a learner permit)

Evidence of completion of a course in driver training; or

Evidence of a driving privilege issued in another state or country.

plus SSN and the address verification as in the first instance

[SammyD 0]

Any idea what "evidence" we can show the embassy for "legal status"?

The situation is that we are now trying to get my wife's daughter (my step-daughter now) here on the K-2 "follow to join". But my wife's GC is not yet approved. For a number of reasons we did not apply for the AP thinking that the GC would be approved well before the one year period expired for the K-2 and my wife would make a trip back to visit family and such and the daughter would return with her. Well, it is getting close to that so we wanted to get the K-2 approved. I explained the situation through e-mail with the embassy and they said to go ahead and make the interview appointment. But the consular officer denied the K-2 until we provided copy of GC or evidence of "legal status". My wife's brother went to the interview as the guardian and he should have showed them the NOA for the I-485, marriage certificate, etc. I have gone back to the embassy again for confirmation but am still waiting for a response.

[Pitaya 2,576]

~Stale thread closed to further comment, last poster hasn't been active for 3 years~

~New thread started~

Pitaya

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