I-94 question

[sala 0]

Hi, I filed my application on 13 Nov (I-485, I-130, I-765 & I-131). Adjust from B2 visa.

Got ASC done by 11 Dec.

And heard nothing since then. The holiday do not help :-(

Now I have read a lot saying that even when my I-94 is expired, I do no leave the country until I got the GC.

But I couldnt find anything written down to prove this on papers? I meant it's kinda scary because I will be unlawfully present in the country while my application pending and there is nothing saying that I will be pardoned in documents? Do I need to file anything else to waive this? Apparently my case cant be resolved before the day of my I-94's expired date (28 Feb, 2015).

What if my application got denied? ( The chance is quite small for our case but who knows, I just want to prepare for the worst thing may happen)

Do I have to leave immediately?

Thanks a lot for your answer. We are thinking to get an appointment set up to ask about this. But if i can find anything written, I may not need to do it.

[Dave&Roza 748]

Hi, I filed my application on 13 Nov (I-485, I-130, I-765 & I-131). Adjust from B2 visa.

Got ASC done by 11 Dec.

And heard nothing since then. The holiday do not help :-(

Now I have read a lot saying that even when my I-94 is expired, I do no leave the country until I got the GC.

But I couldnt find anything written down to prove this on papers? I meant it's kinda scary because I will be unlawfully present in the country while my application pending and there is nothing saying that I will be pardoned in documents? Do I need to file anything else to waive this? Apparently my case cant be resolved before the day of my I-94's expired date (28 Feb, 2015).

What if my application got denied? ( The chance is quite small for our case but who knows, I just want to prepare for the worst thing may happen)

Do I have to leave immediately?

Thanks a lot for your answer. We are thinking to get an appointment set up to ask about this. But if i can find anything written, I may not need to do it.

Are you married to a USC or a LPR? If a USC, any over stay will be forgiven. You have filed the AOS and are in a state of authorized stay. Just stay away from the US border with Mexico in NM, AZ, and TX as the CBP has a large presence their and they will detain you and make you prove your are either a USC or a LPR and not in the US illegally. So you should carry copies of all documents from the USCIS concerning your case until the GC or AP/EAD card arrives to actually show you are becoming or are a LPR.

You will not be in the US unlawfully. You are actually in limbo, but authorized to be in the US. Only an immigration judge (IJ) can deport you and that is not likely as you have filed for AOS. The worst thing that can happen is you travel to AZ, NM, or TX and find yourself pulled over by one of those CBP SUVs. They ask for your papers and you do not have them. You I-94 has expired and they detain you while they check on your immigration status. After several long and unpleasant hours they decide you are in the US illegally and hold you in jail until an IJ is available to hear your case. The IJ hears your case and has you released. You just spent 3 days in a 6' X 6' cell enjoying government issued food. That is the worst that can happen to you. Chances of that happening are small and if you avoid the Southern border very, very small.

Relax and good luck,

Dave

Edited January 14, 2015 by Dave&Roza

[sala 0]

Thanks for the details of the 6x6' cell. I dont think I will ever be near the borders during this time =)).

My husband is USC.

[NancyNguyen 1,657]

They don't just deny your AOS and deport you, they will send you to immigration court and all those lengthy waiting and depression.

If you are from Boston, local police has no right to ask for your immigration status so you are fine. Carry your passport and AOS receipt just in case to prove your ID. Good luck.

[sala 0]

Nancy, that sounds really horrible . Anyway, we will face it if that comes.

I called the toll number on USCIS page and they advised I should have an appointment with the Boston Field office to ask. So I have an Infopass appointment tomorrow to ask them what is the deal. Will update later. I really want them to tell me where I can read in written that it will be ok for me to overstay.

Thanks

Edited January 15, 2015 by sala

[Leo7777 243]

Nancy, that sounds really horrible . Anyway, we will face it if that comes.

I called the toll number on USCIS page and they advised I should have an appointment with the Boston Field office to ask. So I have an Infopass appointment tomorrow to ask them what is the deal. Will update later. I really want them to tell me where I can read in written that it will be ok for me to overstay.

Thanks

I would advise against this.

1) There are many, many posts here that give you the correct answer.

I can't take time to show you the links to everything, so you will have to use your own time to find them.

2) You talk to USCIS people and they are going to make a note of who you are and what you are planning. This could come back to bite you on a$$ when they later start to question what you were planning, etc.

3) You could talk to 5 different people at USCIS and get 5 different answers. This has been proven time and time again when investigative reporters (for instance) call IRS phone lines to get answers to questions they are asked. You have strong chance to receive a false answer which could cause you much needless worrying.

[sala 0]

Leo, thanks for the answer. I know that there are many questions and answers about this, but no one has mentioned anything in written law.

It is not that I do not trust people's cases and experiences, it's just I would prefer to read and understand it.

So far I have found a few piece of info in 212(9)(B) of the Act and it's not for the I-485 but the document about changing status to another NON-immigrant visa. But I have to assume the case will be the same (or I should not assume anything). The detail of the answer goes as following:

"What if I file for change of status on time but USCIS does

not make a decision before my I-94 expires?

Your lawful nonimmigrant status ends and you are out of status

when your Form I-94 expires, even if you have timely applied

to change your nonimmigrant status. Generally, as a matter of

discretion, USCIS will defer any removal proceedings until after

the petition is adjudicated and USCIS decides your change of

nonimmigrant status request. Nevertheless, DHS may bring a

removal proceeding against you, even if you have an application for

change of status pending.

Even though you are not actually in a lawful nonimmigrant status,

you do not accrue “unlawful presence” for purposes of inadmissibility

under section 212(a)(9)(B) of the Act, while your change of status

application is pending if it was filed prior to the expiration of your

Form I-94.

If your application for a change of status is approved, the change

of status will relate back to the date your Form I-94 expired, and

your status during the pendency of your application will then be

considered to have been lawful.

If your application is denied, you may be required to depart the

United States immediately.

In addition, any nonimmigrant visa in your passport granted in

connection with your classification becomes void. Once your visa is

void, you must submit any new visa application at a U.S. consulate

in your home country (not a third country, except in rare instances

as determined by the U.S. Department of State)."

They said "Nevertheless, DHS may bring a removal proceeding against you, even if you have an application for change of status pending". That worries me.

And the 212(9)(B) of the Act has a part of waiver as following:

"Waiver.-The Attorney General has sole discretion to waive clause (i) in the case of an immigrant who is the spouse or son or daughter of a United States citizen or of an alien lawfully admitted for permanent residence, if it is established to the satisfaction of the Attorney General that the refusal of admission to such immigrant alien would result in extreme hardship to the citizen or lawfully resident spouse or parent of such alien. No court shall have jurisdiction to review a decision or action by the Attorney General regarding a waiver under this clause."

But I guess the Attorney General wont give a sh*t about our case if the worst thing happen right?

If they cant answer me, then I guess I would need to hire an immigrant by the end. Hopefully not though.

I dont think the fact I will come to see them will be harmful later me cause the purpose of what I am doing here to make sure I do not violate any law.

[Leo7777 243]

Unauthorized Employment, Unlawful Status or Failure to Maintain Status --

Aliens who have engaged in unauthorized employment, or who were not in lawful status

at the time of filing the adjustment application, or who have failed to continuously

maintain status for even a single day since their entry into the United States

are barred from adjustment of status.

This rule has several exceptions, which include:

Immediate relatives (spouses, parents and unmarried children under 21-years of age) of U.S. citizens are still eligible to adjust their status.

http://www.hooyou.com/i-485/eligible.html#sthash.1irswm4S.dpuf