What is the status of a person while adjusting status?

[iamwhatiam80 92]

In other words, if a person was granted 6 months time and AOS is taking more time, is that person overstaying his/her visa or are they in a legal status ?

Appreciate the responses.

[Caryh 5,206]

They are in an authorized period of stay until the decision is made. I'm not sure what you're referring to with your comment "if a person was granted 6 months time", was that on a visitors visa? Doesn't really matter as waiting for AOS adjudication process, while not making you a resident, does authorize to be in the USA.

[iamwhatiam80 92]

They are in an authorized period of stay until the decision is made. I'm not sure what you're referring to with your comment "if a person was granted 6 months time", was that on a visitors visa? Doesn't really matter as waiting for AOS adjudication process, while not making you a resident, does authorize to be in the USA.

yes thats what i meant. normally a visitor is given 6 months stay on the trip.

i just wanted to confirm that waiting for pending adjudication from USCIS does not break the visa law. can you please direct me to an official link that clarifies this point. i cant find it anywhere.

thank you for your answer.

[KayDeeCee 4,893]

yes thats what i meant. normally a visitor is given 6 months stay on the trip.

i just wanted to confirm that waiting for pending adjudication from USCIS does not break the visa law. can you please direct me to an official link that clarifies this point. i cant find it anywhere.

thank you for your answer.

There is no official status, but adjustment applicant is basically what the status is while waiting for the AOS to be processed.

http://www.state.gov/documents/organization/87120.pdf

b. DHS has interpreted "period of stay authorized by the Secretary of Homeland Security" as used in the construction of unlawful presence in INA 212(a)(9)(B)(ii) to include:

...

(5) For aliens who have properly filed an application for adjustment of status to that of a lawful permanent resident (LPR), the entire period of the pendency of the application, even if the application is subsequently denied or abandoned, provided the alien (unless seeking to adjust status under NACARA or HRIFA) did not file for adjustment "defensively" (i.e., after deportation proceedings had already been initiated);

~ Moved from AOS from Family Based Visas to AOS from Work, Student & Tourist Visas - topic discussing AOS from tourist visa~

[iamwhatiam80 92]

There is no official status, but adjustment applicant is basically what the status is while waiting for the AOS to be processed.

http://www.state.gov/documents/organization/87120.pdf

~ Moved from AOS from Family Based Visas to AOS from Work, Student & Tourist Visas - topic discussing AOS from tourist visa~

Thanx.

[Gia2577 12]

the moment you file an adjustment of status you must not leave the US. So it doesn't matter whether you are waiting one month or a year. Your previous visas no longer apply. The only way you can leave the country is apply for advance parole. If you leave the country your Adjustment of status application will be abandoned.