being out of status similar to being an illegal immigrant?

[xtianj 10]

I entered in the US via K1. We just filed aos this Feb 2012. I am now starting to look for job vacancies available in our area that I might qualify to apply. One job requires certain days of legal permanent residency. My question is, am I considered an illegal immigrant until my AOS is approved? I wonder how ead comes into play in this scenario (the legal residency thing). It just authorizes me to work but doesnt mean I am a legal resident?

[Inky 1,110]

I entered in the US via K1. We just filed aos this Feb 2012. I am now starting to look for job vacancies available in our area that I might qualify to apply. One job requires certain days of legal permanent residency. My question is, am I considered an illegal immigrant until my AOS is approved? I wonder how ead comes into play in this scenario (the legal residency thing). It just authorizes me to work but doesnt mean I am a legal resident?

No you are not an illegal immigrant. You entered on a K-1 visa you entered the USA legally.

You are in a period of authorized stay because you have an AOS petition in process, until you get an EAD and AP you cannot work or travel outside of the USA.

EAD is not a "legal residency thing". It is an Employment Authorization Document. Which allows you to work legally while you wait for your CPR ( conditional permanent resident ) status.

[Harpa Timsah 13,258]

You are in a new period of authorized stay while your AOS is being adjudicated. You are not illegal. If you have your EAD, then you can work. A job listing stipulated that you must have been a resident for a certain amount of says? That seems illegal.

[NancyNguyen 1,657]

Illegal immigrant = undocumented

[xtianj 10]

No you are not an illegal immigrant. You entered on a K-1 visa you entered the USA legally.

You are in a period of authorized stay because you have an AOS petition in process, until you get an EAD and AP you cannot work or travel outside of the USA.

EAD is not a "legal residency thing". It is an Employment Authorization Document. Which allows you to work legally while you wait for your CPR ( conditional permanent resident ) status.

Thanks for the reply. The thing is, I applied for a civil service exam and one of the requirements is 30 days legal permanent residency of the city preceding the exam date. I was hoping Id receive the ead 30 days before the exam but I guess ead wont satisfy that requirement. Ive seen a GC sample and it indicates the date the holder becomes a legal permanent resident. If they will allow me to take the exam, id still give it a try though. :-)

[xtianj 10]

You are in a new period of authorized stay while your AOS is being adjudicated. You are not illegal. If you have your EAD, then you can work. A job listing stipulated that you must have been a resident for a certain amount of says? That seems illegal.

Thanks for the reply. I was thinking having EAD makes me a legal permanent resident. No, its not illegal. I applied for a civil service exam. :-)

[xtianj 10]

Illegal immigrant = undocumented

I thought I was "undocumented" after my I-94 expired untill we filed for AOS. :-)

[Harpa Timsah 13,258]

Thanks for the reply. I was thinking having EAD makes me a legal permanent resident. No, its not illegal. I applied for a civil service exam. :-)

Your EAD does NOT make you a permanent resident. It makes you eligible to work while your status is pending. You are not eligible for the exam.

[xtianj 10]

Your EAD does NOT make you a permanent resident. It makes you eligible to work while your status is pending. You are not eligible for the exam.

You are right, like I said, ead wont satisfy that requirement.

[Deputy Purple 1,294]

I thought I was "undocumented" after my I-94 expired untill we filed for AOS. :-)

Nope, undocumented means they don't have a record of your entry into the US. This could be because you sneaked across the border bypassing Entry points or you entered the US with someone else's documents.

You are documented but were out of status. Currently you are (as others have said) in an authorized period of stay as you await adjudication of your application.

[Gosia & Tito 199]

Thanks for the reply. The thing is, I applied for a civil service exam and one of the requirements is 30 days legal permanent residency of the city preceding the exam date. I was hoping Id receive the ead 30 days before the exam but I guess ead wont satisfy that requirement. Ive seen a GC sample and it indicates the date the holder becomes a legal permanent resident. If they will allow me to take the exam, id still give it a try though. :-)

That is a different 'residency' requirement that can be proved with a utility bill older than 30 days. Most likely they want to see a driver's license with an address in that city that is at least 30 days old.

[Deputy Purple 1,294]

That is a different 'residency' requirement that can be proved with a utility bill older than 30 days. Most likely they want to see a driver's license with an address in that city that is at least 30 days old.

Actually it would be best to confirm with the potential employer's HR department what they mean. That phrase is very ambiguous.

[Enigma11561 336]

The OP is asking about applying for a civil service position. Typically these are positions in the city/state government, ranging from administration positions to police to sanitation to just about anything. Many times they require you are a "resident" in the town offering the position. You can be an illegal alien and still be a resident of the town ( but I would not go about applying for civil service job if I was illegal !). So if the OP was living in this town for the past 30 days AND the application does not SPECIFICALLY ask if you have the right to work,then the OP CAN apply for the test. It can take many weeks, often months, to schedule the exam, gather the results, put up a listing of grades and then choose candidates to do interviews. If the OP has the EAD by the time the interview takes place ( and is selected), then the OP is eligible to do this job.

[Deputy Purple 1,294]

Thanks for the reply. The thing is, I applied for a civil service exam and one of the requirements is 30 days legal permanent residency of the city preceding the exam date. I was hoping Id receive the ead 30 days before the exam but I guess ead wont satisfy that requirement. Ive seen a GC sample and it indicates the date the holder becomes a legal permanent resident. If they will allow me to take the exam, id still give it a try though. :-)

The OP is asking about applying for a civil service position. Typically these are positions in the city/state government, ranging from administration positions to police to sanitation to just about anything. Many times they require you are a "resident" in the town offering the position. You can be an illegal alien and still be a resident of the town ( but I would not go about applying for civil service job if I was illegal !). So if the OP was living in this town for the past 30 days AND the application does not SPECIFICALLY ask if you have the right to work,then the OP CAN apply for the test. It can take many weeks, often months, to schedule the exam, gather the results, put up a listing of grades and then choose candidates to do interviews. If the OP has the EAD by the time the interview takes place ( and is selected), then the OP is eligible to do this job.

That depends on exactly what they mean by "Legal Permanent Residency of the City", Residency and "Legal Residency" are not necessarily the same thing hence my suggestion the OP ask for clarification.

[Basee 2]

That depends on exactly what they mean by "Legal Permanent Residency of the City", Residency and "Legal Residency" are not necessarily the same thing hence my suggestion the OP ask for clarification.

Not quite sure where the ambiguity is... it says Legal 'PERMANENT' resident. The city should be well aware that with conditional residency there is a possibility the person may NOT get permanent residency so they would have spent money to test this person, employed them, only to find they lose a staff member to immigration red tape. Not good business sense. However, you have nothing to lose by calling for clarification, you never know you might catch someone on a good day and they go ahead anyway.