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

[azblk 338]

21 minutes ago, TineCW said:

 

It sounds like you are talking about very extreme cases. If you engage in illegal work and you are caught in a raid then, of course, you will be subject to deportation. I personally don't work illegally in the US and have stayed away from any temptation to do so for the entire year here. Illegal work just adds an extra dimension of complexity to the already complex US Immigration System.

 

The attorney who we consulted told us that immediate relatives of US citizens are an exception to the rule when it comes to illegal employment and that USCIS may look past it however it may also add unnecessary problems to your case as you'd have to be able to prove that you didn't commit fraud like e.g. using someone else's SSN.

I am not trying to derail you as some poster seems to suggest. Personally I think you will and should be ok after you file your i-485. The point I was trying to make was that even with a pending i-485 you are NOT safe from ICE and if they do come across in the normal pursuit of their duties they will pick you up inspite what most posters in this thread think.

[azblk 338]

37 minutes ago, missileman said:

The people to whom you refer entered the country illegally.. and had existing deportation orders......big, big difference in the OP's case.  ICE is NOT randomly picking up people are merely in authorized stay status.

https://www.avvo.com/legal-answers/husband-detained-recently-for-overstaying-a-visa-d-2800414.html

[TineCW 1]

7 minutes ago, azblk said:

I am not trying to derail you as some poster seems to suggest. Personally I think you will and should be ok after you file your i-485. The point I was trying to make was that even with a pending i-485 you are NOT safe from ICE and if they do come across in the normal pursuit of their duties they will pick you up inspite what most posters in this thread think.

Yes, I totally get your point. Thank you for all your efforts too! You ALL helped me today to be clear on a number of questions I had. 

[Crazy Cat 39,741]

18 minutes ago, azblk said:

https://www.avvo.com/legal-answers/husband-detained-recently-for-overstaying-a-visa-d-2800414.html

Did you even read the attorney answers?  This is not enough information there to say it is  relevant to the OP's case at all.

Edited May 22, 2018 by missileman

[geowrian 22,336]

11 minutes ago, azblk said:

https://www.avvo.com/legal-answers/husband-detained-recently-for-overstaying-a-visa-d-2800414.html

There's not enough information in that link to infer anything. The individual overstayed, filed an I-130+I-485, then was detained. The reason for detainment has not been stated (did he carry evidence of his authorized stay with him when detained?). If an NTA was issued or not has not been stated. It's completely feasible that the individual has other status violations than the overstay, or that ICE released the individual without prejudice after confirming his authorized stay.

 

There's just not anything of substance to go on other than somebody with a pending I-485 was detained by ICE.

[SteveE 25]

I personally was out of status for over 20 years before filing my AOS via marriage to a USC last year. We filed AOS (Los Angeles) January 17 & I received my 10 year green card in Jun 17. Obviously I was not deported...

 

 

[TineCW 1]

I've got a different question regarding the change of my status once I-765 has been approved but thought that question warrants a separate post. Thank you for all your input and help!

 

What Kind Of Status is Assigned Once Form I-765 Has Been Approved While I-485 is Pending?

[javadown2 308]

20 hours ago, 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 and USCIS policy also will not refer you to ICE if you have pending i-485.

Give me a break...if you have filed an AOS you will be protected until proven otherwise, you can word it how ever you want...he has no worries. 

[javadown2 308]

20 hours ago, azblk said:

No one is trying to scare anyone. In this year alone we have seen ICE arresting people at their AOS interviews a number of times. They have gone after people at courts getting married and they have picked up parents dropping their children at schools. The gloves and the common sense have come off now. In a bid to boost their numbers they are picking up any out of status person they can find.

 

 

 

Usually they are a very specific reason ( i read one where the Illegal person from Mexico had  been living here for over 10 years....and this person will probable not be protected just by applying for AOS) But the POSTER of this thread already filed the I-130 and it was approved, now he is applying for AOS and hasn't ENTERED the US illegally. There is a HUGE difference in these situations. Stop with the scare tactics, he will be just fine. 

Edited May 25, 2018 by Ryan H
Reason for edit: to remove quote of removed content.

[Boiler 43,790]

9 minutes ago, javadown2 said:

  20 hours ago, azblk said:

No one is trying to scare anyone. In this year alone we have seen ICE arresting people at their AOS interviews a number of times. They have gone after people at courts getting married and they have picked up parents dropping their children at schools. The gloves and the common sense have come off now. In a bid to boost their numbers they are picking up any out of status person they can find.

 

Usually they are a very specific reason ( i read one where the Illegal person from Mexico had  been living here for over 10 years....and this person will probable not be protected just by applying for AOS) But the POSTER of this thread already filed the I-130 and it was approved, now he is applying for AOS and hasn't ENTERED the US illegally. There is a HUGE difference in these situations. Stop with the scare tactics, he will be just fine. 

In California they could just head to the nearest Home Depot. Not exactly hard to find.

[Teemo 252]

On 5/22/2018 at 3:26 PM, 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 and USCIS policy also will not refer you to ICE if you have pending i-485.

You are spreading so much disinformation!!!! A pending I-485 puts you into stay authorized by the Attorney General. He's kind of a big deal when it comes to immigration enforcement. So, no, you are not subject to deportation unless something changes like you commit a  crime.

[Teemo 252]

On 5/22/2018 at 3:38 PM, azblk said:

ICE doesnt need a USCIS referral to come after you. It they come across you for instance in a workplace raid or a grey hound and you can prove you have "papers" believe me they will take you.

If ICE did a workplace raid, found an overstay working with or without work authorization, but was married to a USC and had a pending I-485, they would not pursue him any further unless he falsified papers, misrepresented himself as a US citizen etc.  

 

Employer would be fined for hiring someone without work authorization. Civil violation. 

[azblk 338]

17 minutes ago, Teemo said:

You are spreading so much disinformation!!!! A pending I-485 puts you into stay authorized by the Attorney General. He's kind of a big deal when it comes to immigration enforcement. So, no, you are not subject to deportation unless something changes like you commit a  crime.

You are wrong about this.  I let this topic rest because no one wanted to let go of they believed so strongly despite of all the evidence to the contrary. I felt like i was telling a good christain that Jesus was a myth.

[azblk 338]

20 minutes ago, Teemo said:

If ICE did a workplace raid, found an overstay working with or without work authorization, but was married to a USC and had a pending I-485, they would not pursue him any further unless he falsified papers, misrepresented himself as a US citizen etc.  

 

Employer would be fined for hiring someone without work authorization. Civil violation. 

https://www.ilw.com/articles/2009,0120-rizzo.shtm