Entered the US on VWP. I-130 was approved. What Are Repercussions For Not Filing I-130 & I-485 Concurrently?

[TineCW 1]

3 minutes ago, missileman said:

Do you have the approval for the I-130?  You should submit the NOA along with the I-485.

Yes, I-130 was approved without any issues eight months from the application.

[Crazy Cat 39,600]

3 minutes ago, TineCW said:

I've found an answer here. Thank you!

 

"A foreign national is barred from adjustment of status if the foreign national is in an unlawful immigration status on the date of filing the adjustment application. This bar to adjustment does not apply to: 

•Immediate relatives;"

 

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume7-PartB-Chapter3.html

That just states that you (as an immediate relative)are authorized to stay in the US AFTER you file the I-485.......until you file it, you are out of status.

Edited May 22, 2018 by missileman

[TineCW 1]

2 minutes ago, missileman said:

That just states that you (as an immediate relative)are authorized to stay in the US AFTER you file the I-485.......until you file it, you are out of status.

Totally makes sense. Thank you.

[Crazy Cat 39,600]

2 minutes ago, TineCW said:

Yes, I-130 was approved without any issues eight months from the application.

Great.  Make sure you send a copy of the NOA2......once you file the I-485, you are authorized to stay in the US.  As stated above, file for AP and EAD also (if you haven't yet).

[azblk 338]

2 minutes ago, missileman said:

That just states that you (as an immediate relative)are authorized to stay in the US AFTER you file the I-485.......until you file it, you are out of status.

Filing AOS does not cure an "out of status" status. 

[Crazy Cat 39,600]

Just now, azblk said:

Filing AOS does not cure an "out of status" status. 

Yes it does for a spouse of US citizen.

[Roel 7,191]

1 minute ago, azblk said:

Filing AOS does not cure an "out of status" status. 

Well it kinds of does - it puts a person in that "protective" pending permanent residency status.

[Crazy Cat 39,600]

Just now, Roel said:

Well it kinds of does - it puts a person in that "protective" pending permanent residency status.

100% correct, @Roel

[azblk 338]

Just now, missileman said:

Yes it does for a spouse of US citizen.

no it does not. You are still out of status but are authorized to stay by attorney general until case is decided.

[TineCW 1]

2 minutes ago, missileman said:

Great.  Make sure you send a copy of the NOA2......once you file the I-485, you are authorized to stay in the US.  As stated above, file for AP and EAD also (if you haven't yet).

I am about to file all I-485 + EAD and of course NOA in the next couple of days. 

 

FYI, Just came across this statement from USCIS: "A pending adjustment application does not put a foreign national in a lawful immigration status."

[Crazy Cat 39,600]

Just now, TineCW said:

I am about to file all I-485 + EAD and of course NOA in the next couple of days. 

 

FYI, Just came across this statement from USCIS: "A pending adjustment application does not put a foreign national in a lawful immigration status."

You will be in "authorized stay" status.....

 

[TineCW 1]

1 minute ago, missileman said:

You will be in "authorized stay" status.....

I see. Thank you for your clarification!

[azblk 338]

8 minutes ago, Roel said:

Well it kinds of does - it puts a person in that "protective" pending permanent residency status.

not correct, You are not protected from anything with pending i-485. You can still be arrested, put in removal and ultimately deported. The reason ICE doesnt go after people with pending i-485 is a matter of priority and USCIS policy also will not refer you to ICE if you have pending i-485.

Edited May 22, 2018 by azblk

[Crazy Cat 39,600]

Just now, azblk said:

not correct, You are not protected from anything with pending i-485. You can still be arrested, put in removal and ultimately deported. The reason ICE doesnt go after people with pending i-485 is a matter of priority,

No, no, no!!!!    I disagree...

@geowrian , what say you?

[azblk 338]

1 minute ago, missileman said:

No, no, no!!!!    I disagree...

@geowrian , what say you?

https://www.avvo.com/legal-answers/i485-filed----can-i-be-deported---1135598.html