I NEED EXPERT ADVICE

[fjb1122 2]

Hi! I am on adjustment of status, all applications are received already by USCIS and subject to Initial Review, I had my BIOMETRICS last April 8, 2011. My in-laws are inviting me to go to Arizona on April 29-30, 2011. Can I do so without being deported, or without being questioned by any officer at the airport, since we are flying from SF, CA to Arizona. Thanks, I need expert advice on this since I've been hearing that - before, flyng from one state to another by someone who is out of status was not a problem, but times now had differed, so I want to be sure.

[Harsh_77 716]

Are you out of status or you are waiting for approval on your AOS??

If you are just waiting for approval of your AOS you are good to fly - keep the documentation with you while you fly incase you are asked to show the proof.

[fjb1122 2]

Yes, I am waiting for approval for my AOS, as mentioned, I already submitted all documentations to the USCIS (i-485 and i-30) they are all under INITIAL REVIEW, and recently they sent me a BIOMETRICS appointment and I did them already last April 8. But I suppose since I do not have any California ID, yet, I only have Philippine IDs to show. The documentations which I can show are the receipt forms and biometrics forms from USCIS in case they have questions. However, these forms indicate that receipt of such does not mean an appropriation/approval yet of of a status, so that means I am out of status right?

[Myopia 93]

Yes, I am waiting for approval for my AOS, as mentioned, I already submitted all documentations to the USCIS (i-485 and i-30) they are all under INITIAL REVIEW, and recently they sent me a BIOMETRICS appointment and I did them already last April 8. But I suppose since I do not have any California ID, yet, I only have Philippine IDs to show. The documentations which I can show are the receipt forms and biometrics forms from USCIS in case they have questions. However, these forms indicate that receipt of such does not mean an appropriation/approval yet of of a status, so that means I am out of status right?

Arizona is not a state that I would go to being out of status.

[Maxximus1074 14]

so you may be out of status - though people now tell you that you should be careful when you travel, I see it differently.

You mentioned you had your biometrics appointment 5 days ago - that proofs that you already received your NOA1s and case numbers for your adjustment of status application, right?!

With domestic flights the TSA and not immigration checks the name on the ticket and compares it with the name of your ID, whether it is a US issued driver's license, a foreign passport biometrics page showing your picture and name.

I have been flying before and during my AOS paperwork and was never questioned about my immigration status, even when I flew out of San Diego which is literally a few miles from the Mexican border.

Back to your NOA1 and biometrics appointment - with your application accepted by USCIS and acknowledged by AOS you are even considered a "beneficiary for adjustment of status" or something similar, not "out of status" actually. If I were you I would take along copies of your NOA1s, the letter for your biometrics appointment and if, that's really if they have doubt about your legal presence and pull you out of the screening line they can verify by looking up your case with the case numbers you have and that your application is in process and no one can detain and deport you right there and then.

Hope I can ease your mind here, so pack your suitcase and enjoy your trip

Maxximus

[Mrstate 1]

I wouldnt take the chance if I were you, I would rather drive the long hours,

[Myopia 93]

Arizona is one of those states with Border Patrol roadblocks. She is still out of status until she has an approved green card.

I would fly before I drive and face one of those road blocks.

[mhaye 2]

Hello, having received your notice of receipt from uscis makes one already legal. just have your unexpired philippine passport as your identification and bring all the letters from uscis just in case and your marriage certificate.

I know a friend with expired b2 visa who was able to travel by plane from ny to fl.. so for sure its not a problem on your part coz your now legally present in the U.S.

Maligayang paglalakbay sayo kababayan..

[juliava 80]

Hello, having received your notice of receipt from uscis makes one already legal.

Not true.

The only proofs of legal status are a valid visa, an EAD or a GC. OP has none of these so far.

Traveling to Arizona while being out of status is currently a risky matter. OP - wait until you get your EAD and you will be ok to travel then. You have completed your biometrics so it might arrive in the mail very soon.

Good luck!

[Maxximus1074 14]

where did you read that - EAD makes you legal? *Raising my eyebrow here ..... I read here on visajourney somewhere before about the same question and I think even an immigration attorney mentioned it briefly during my very first consultation, that with the acceptance of the AOS package, which the OP obviously has, having the NOA1s as well as a successful past biometrics appointment, you are not a legal resident yet, but nonetheless you are not subject to deportation neither.

One is no longer out of status once the application is accepted as your status has changed in the first place, from a non-immigrant to an applicant for permanent residency - like F-1 student visa holders will lose that visa status and no longer are able to get I-20s issued by their school once they have their AOS package accepted.

Maxximus

[juliava 80]

where did you read that - EAD makes you legal? *Raising my eyebrow here ..... I read here on visajourney somewhere before about the same question and I think even an immigration attorney mentioned it briefly during my very first consultation, that with the acceptance of the AOS package, which the OP obviously has, having the NOA1s as well as a successful past biometrics appointment, you are not a legal resident yet, but nonetheless you are not subject to deportation neither.

One is no longer out of status once the application is accepted as your status has changed in the first place, from a non-immigrant to an applicant for permanent residency - like F-1 student visa holders will lose that visa status and no longer are able to get I-20s issued by their school once they have their AOS package accepted.

Maxximus

when you receive the EAD in the mail it comes with a letter that states clearly "this is a proof of your immigration status". I still have it.

Also, when you apply for SSN, for Driver License your EAD is always accepted as proof of legal status in US.

Edited April 16, 2011 by juliava

[JimVaPhuong 4,863]

A pending AOS doesn't grant any sort of "status", but it does grant a period of authorized stay. From a practical perspective, this is no different from being paroled into the US while an application for admission is being considered. After a K1's I-94 has expired then they no longer have non-immigrant status, but once their AOS petition has been accepted then they are not unlawfully present.

If you have an encounter with a CBP or ICE officer then you might get jacked around while they try to determine your status. Their computers are going to show that your I-94 has expired, so they'll need to confirm your lawful presence with USCIS. Keep a copy of the I-485 NOA1 with you. The receipt number will make it easier for them to confirm your status. You will not be placed in removal. You will not be deported. However, you could be detained, possibly for several hours. The best way to avoid this is to stay at least 100 miles away from the border with Mexico while you're in Arizona. There are a lot of CBP checkpoints in southern Arizona.

when you receive the EAD in the mail it comes with a letter that states clearly "this is a proof of your immigration status". I still have it.

Also, when you apply for SSN, for Driver License your EAD is always accepted as proof of legal status in US.

I have three copies of EAD letters, and they say nothing of the kind. It's a very simple document on light card stock. The upper portion contains the mailing addresses that show through the windows in the envelope. The lower portion is a tear off mailer with three bar codes on it that can be used to apply for a replacement card. The card comes attached to the lower portion with temporary adhesive.

The back of the card itself clearly states "This card is not evidence of U.S. citizenship or permanent residence."

The EAD card is proof that, at the time the card was issued, you were authorized by DHS to work in the United States. It's not proof of lawful presence.

[juliava 80]

A pending AOS doesn't grant any sort of "status", but it does grant a period of authorized stay. From a practical perspective, this is no different from being paroled into the US while an application for admission is being considered. After a K1's I-94 has expired then they no longer have non-immigrant status, but once their AOS petition has been accepted then they are not unlawfully present.

If you have an encounter with a CBP or ICE officer then you might get jacked around while they try to determine your status. Their computers are going to show that your I-94 has expired, so they'll need to confirm your lawful presence with USCIS. Keep a copy of the I-485 NOA1 with you. The receipt number will make it easier for them to confirm your status. You will not be placed in removal. You will not be deported. However, you could be detained, possibly for several hours. The best way to avoid this is to stay at least 100 miles away from the border with Mexico while you're in Arizona. There are a lot of CBP checkpoints in southern Arizona.

I have three copies of EAD letters, and they say nothing of the kind. It's a very simple document on light card stock. The upper portion contains the mailing addresses that show through the windows in the envelope. The lower portion is a tear off mailer with three bar codes on it that can be used to apply for a replacement card. The card comes attached to the lower portion with temporary adhesive.

The back of the card itself clearly states "This card is not evidence of U.S. citizenship or permanent residence."

The EAD card is proof that, at the time the card was issued, you were authorized by DHS to work in the United States. It's not proof of lawful presence.

Jim- if you read that piece of paper that the card is attached to, under section "Employment authorization card" the last paragraph says "Your EAD card is also evidence of your status". What status are they talking about, then?

Now when I read "This card is not evidence of US citizenship or permanent residence" - this doesn't mean to me that the person automatically doesn't have a lawful presence in US.

Edited April 16, 2011 by juliava

[JimVaPhuong 4,863]

Jim- if you read that piece of paper that the card is attached to, under section "Employment authorization card" the last paragraph says "Your EAD card is also evidence of your status". What status are they talking about, then?

Now when I read "This card is not evidence of US citizenship or permanent residence" - this doesn't mean to me that the person automatically doesn't have a lawful presence in US.

They're talking about your EAD eligibility category. Look at the card under "Category". If it says "C09" then it means you're eligible to work because you have an AOS application pending. The card will become invalid when a decision is made on the AOS application, regardless of the expiration date printed on the card. My wife's EAD was valid for a total of 5 days after she received it.

The EAD doesn't change your status, and it only proves you were eligible under the stated category on the day the card was issued. A CBP officer would know full well that an EAD issued under category C9 would become invalid when a decision was issued on the AOS application, and they would still run your A# through USCIS to determine if you're lawfully present.

The statement "This card is not evidence of US citizenship or permanent residence" doesn't mean that the person automatically doesn't have lawful presence, but it does mean that they are, by definition, not a US citizen or permanent resident. Neither USC's nor LPR's are in a category that would make them eligible for an EAD, and neither require an EAD in order to work in the US.

[juliava 80]

They're talking about your EAD eligibility category. Look at the card under "Category". If it says "C09" then it means you're eligible to work because you have an AOS application pending. The card will become invalid when a decision is made on the AOS application, regardless of the expiration date printed on the card. My wife's EAD was valid for a total of 5 days after she received it.

The EAD doesn't change your status, and it only proves you were eligible under the stated category on the day the card was issued. A CBP officer would know full well that an EAD issued under category C9 would become invalid when a decision was issued on the AOS application, and they would still run your A# through USCIS to determine if you're lawfully present.

The statement "This card is not evidence of US citizenship or permanent residence" doesn't mean that the person automatically doesn't have lawful presence, but it does mean that they are, by definition, not a US citizen or permanent resident. Neither USC's nor LPR's are in a category that would make them eligible for an EAD, and neither require an EAD in order to work in the US.

Thanks, Jim. It makes sense.

Why would DMVs in most of the states accept EADs as proof of legal status in order to apply for a DL?