Legal Status During Process?

[doctorbeat 6]

Now that I have applied for AOS, what is my legal status?

The reason I ask is that a few months ago, I was stopped by a cop.

I'd just bought a PC case and I was carrying it to my wife's place of work, which was only a few blocks away from the computer store.

A cop followed me in his car, and just as I was about to enter the building, he stopped me and asked me where I got the hard drive.

Rather than point out that it was a computer case, not a hard drive, I politely told him that I bought it from the computer store a few blocks away, and he just said 'ok' and drove off.

As you can probably imagine, it was a rather bowel-loosening experience given that I was out of status...

So, if something like this happened again, and the cop went a bit further and asked me for ID, what would I do?

I have applied for, but not yet been granted AOS.

Do I still have to 'hide', or is there some way I can prove that I have a case pending?

[Harpa Timsah 13,258]

Those police are not immigration police, so I wouldn't worry too much (though they could call other people obviously). Your status is sort of a limbo status. You are legally present while the AOS is processing, so I often call this status "AOS-pending" but it's not a term the beat cop will understand. If you want proof, all you could do is carry around a photocopy of your NOA1, but that's not going to be a recognizable document to a beat cop either. Hope that helps. Good luck.

[doctorbeat 6]

Yeah, it was the calling other people part that concerned me.

As it happened, the situation turned out fine, but it could very well have opened a can of worms.

I'm certainly not the criminal type, but anyone can come to the attention of the police.

My friend who I often get rides with was pulled over for going through a stop sign the other day. If I'd been in the car, I may have had to produce ID.

I worry that a silly thing like that could cause huge problems for me during my application process.

I presume ICE or USCIS or whoever the police called about it would have some kind of record of my case, but I don't know what the details would be.

[Harpa Timsah 13,258]

Well, you could produce your passport for ID, right? You don't have to prove legal status to police (except in Arizona, though not following the day-to-day on that law). Something like that will not harm your process, and if they called ICE or whoever, they could see that you have AOS pending, and are therefore legally present. Like I said, carry a copy of your NOA1 if you like. I'd rise hell if I got put in jail for being illegal when I wasn't, and my only crime was being the passenger of someone who ran a red light. I think the NYTimes might like that story too. Relax

[Myopia 93]

Yeah, it was the calling other people part that concerned me.

As it happened, the situation turned out fine, but it could very well have opened a can of worms.

I'm certainly not the criminal type, but anyone can come to the attention of the police.

My friend who I often get rides with was pulled over for going through a stop sign the other day. If I'd been in the car, I may have had to produce ID.

I worry that a silly thing like that could cause huge problems for me during my application process.

I presume ICE or USCIS or whoever the police called about it would have some kind of record of my case, but I don't know what the details would be.

I will tell you this. I have a teenager who has been in more trouble than he needs to be and so I have had to, on an occasion, had to pick him up from the police station. When a juvenile is arrested, NYPD will run the parents through the system too. I have never been asked about legal status nor have I had a vist from ICE at this time.

The cops really dont care about status unless you have committed a criminal act and then you will end up in Rikers waiting for ICE.

PS. In NY you are supposed to have ID with you at all times.

[JimVaPhuong 4,863]

PS. In NY you are supposed to have ID with you at all times.

This is true in most states, though there are some constitutional purists who will claim they can only require you to identify yourself and not require you produce a document proving your identity. While technically true, it's not much fun waiting in a holding cell for hours while the police try to confirm your claimed identity.

The police in most states do not generally check your immigration status. In some states and municipalities, if you happen to be arrested then they are required to allow ICE to run your name before you're released. Always a good idea to know the laws in the state, county, and city where you live.