"Legally present" while waiting for AOS

[annieumi 1]

Hello everyone,

I filed for green card last year but them withdrew my application then filed a new one in February this year. I am waiting for my EAD to get approved and already got my fingerprint appointment almost a month ago. Here's my question: Am I "legally present" while waiting for AOS? I recently got a 90-day temporary driver license in Oregon due to my old one expiring soon. One of the requirement is to certify that i am "legally present in the U.S in accordance with federal immigration law." I checked the box and they gave me the temporary license (a yellow paper stapled to my old license) without checking any NOA letters. She said as long as I am legally present i should be fine, but if I am not then it might go against whatever i am applying for. I asked if she could elaborate further but she didn't give me any straight answer..

In short, my question is: Am I "legally present in the U.S in accordance with federal immigration laws" while waitin for AOS? Please help!! Thank you so much!!

[teeak 224]

Yes, until a decision has been rendered on your AOS application, you are currently legally residing in the US.

[newacct 688]

There is no technical term "legally present". Each state sets legal presence requirements for their driver's license, that they define, and each state is different. In most states, being AOS pending by itself does not satisfy the requirements.

[KayDeeCee 4,893]

While your AOS is pending, you are authorized to be in/stay in the US. You are sort of in limbo as an adjustment applicant. You are authorized to be here, but not really under any specific legal status, such as a permanent resident.

[aaron2020 11,651]

Please clarify a few things.

Did you enter the US on an F-1 student visa? Did you maintain that status?

What is your basis to adjust for a green card?

[annieumi 1]

Please clarify a few things.

Did you enter the US on an F-1 student visa? Did you maintain that status?

What is your basis to adjust for a green card?

Yes i entered US on F-1 Visa in 2010 and graduated college last year. I got married last year and filed for GC in March 2015, but then withdrew my application in January 2016. I sent a new petition in February 2016 after hiring a lawyer. So i was out-of-status in january and partly February 2016 while marrying to a US citizen. Edited April 22, 2016 by annieumi

[annieumi 1]

There is no technical term "legally present". Each state sets legal presence requirements for their driver's license, that they define, and each state is different. In most states, being AOS pending by itself does not satisfy the requirements.

Yes under the state law, i need a EAD to officially renew my DL. However, they told me that while I am waiting for the official document to arrive (EAD, GC) I can get a temporary license - it's simply a sheet stapled to my old DL, that last 90-days or until my official documents arrive so that I can renew my DL. It is more like an extension rather than a renewal. It says "legally present under federal laws" rather than state law (because obviously under state law i wouldn't qualify to renew My DL) so that's why i got really confused..

While your AOS is pending, you are authorized to be in/stay in the US. You are sort of in limbo as an adjustment applicant. You are authorized to be here, but not really under any specific legal status, such as a permanent resident.

Thank you for your clarification!

Yes, until a decision has been rendered on your AOS application, you are currently legally residing in the US.

Thank you! Such a relief.

[aaron2020 11,651]

Since you entered the US legally on a visa and have a pending AOS, you are "legally present in the U.S in accordance with federal immigration law."

Nothing to worry about.