Proving “authorized stay” to rent an apartment

[Boiler 43,429]

On 6/16/2019 at 10:52 PM, Matrix13 said:

 

Non US Citizens: Applicant must provide a valid Passport and must include at least one (1) appropriate U.S. Citizenship and Immigration Services (USCIS) document, as specified below. 

U.S. Citizenship and Immigration Services (USCIS) documents (must be a valid unexpired document) as follows: 

Certificate of Naturalization, Certificate of Citizenship, I-551 Stamp contained in valid foreign passport, Alien Registration Receipt card (Resident Alien Card), Temporary Resident card, Employment Authorization card, Refugee Travel document, Foreign students with an F1 Visastatus must show USCIS document I-20 and verification of current enrollment in a US school.

In addition, INS Form I-94 Arrival/Departure record must be accompanied by a passport and visa from the applicant’s home country. 

 

 

 

It is a jumble of words with no clarity which can f course work both ways.

 

Mentions the I 94 and passport and visa which she will have so show that. I 94 is now on line.

[magicant 11]

@missileman, I know that authorized stay is not legal status.  I was not implying that.  But since the i-797c allows for "authorized stay" while waiting for legal status, I was asking where it officially states that.   Where is it, in writing, that you are allowed to legally stay in the country while waiting for adjustment of status. It appears that Matrix13 has provided that location.

 

Also @missileman, I understand that the 797 receipt number verifies that a person is awaiting an adjustment of status.  But that, in and of itself, still does not specifically state that they have authorized stay while waiting.  I prefer to have something official, in writing (for the uneducated) that proves/states this, and the Department of State Manual excerpt seems to be what does.

 

Thank you to both of you.

[Crazy Cat 39,214]

2 minutes ago, magicant said:

@missileman, I know that authorized stay is not legal status.  I was not implying that.  But since the i-797c allows for "authorized stay" while waiting for legal status, I was asking where it officially states that.   Where is it, in writing, that you are allowed to legally stay in the country while waiting for adjustment of status. It appears that Matrix13 has provided that location.

 

Also @missileman, I understand that the 797 receipt number verifies that a person is awaiting an adjustment of status.  But that, in and of itself, still does not specifically state that they have authorized stay while waiting.  I prefer to have something official, in writing (for the uneducated) that proves/states this, and the Department of State Manual excerpt seems to be what does.

 

Thank you to both of you.

I was not implying anything.  I was simply providing information for those who might not know otherwise. .......good luck.

[geowrian 22,335]

54 minutes ago, Matrix13 said:

That's the million dollar question. I was hoping the VJ community could provide a solid source document. No luck yet. I did find something that supports the idea, but it's in a Department of State manual written under the topic of "INELIGIBILITY BASED ON PREVIOUS REMOVAL AND UNLAWFUL PRESENCE IN THE UNITED STATES."  Seems like enough to keep someone from getting deported, but not strong enough to prove to a private agency (like my apartment admin) that someone is here lawfully.

 

https://fam.state.gov/FAM/09FAM/09FAM030211.html

Guidance is detailed in 9 FAM 302.11-3(B)(1)(b)(6)

-EXCERPT-

b.  (U) Period of Authorized Stay In General: For purposes of INA 212(a)(9)(B), unlawful presence will not accrue during a "period of authorized stay," which includes:

(6)  (U) 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 removal proceedings had already been initiated)

The issue is that is from the FAM, which is the DOS policy. USCIS and ICE are under DHS, which don't use the FAM.

 

The best I can find are policy memos from USCIS and INS (back when that was still a thing...). The AFM is used by DHS (and being slowly replaced by the USCIS Policy Manual):

What qualifies as being lawfully or unlawfully present in the US: https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/Static_Files_Memoranda/2009/revision_redesign_AFM.PDF

Who has a period of stay authorized by the AG: https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/2015/unlawful_presence_memo_06_12_2002.pdf (see p. 3)

Edited June 21, 2019 by geowrian

[magicant 11]

@missileman, understood and meant no disrespect.  Thank you.

 

@geowrian, Thank you.

 

 

[Matrix13 131]

20 hours ago, geowrian said:

The issue is that is from the FAM, which is the DOS policy. USCIS and ICE are under DHS, which don't use the FAM.

Thanks, @geowrian. Your references are helpful. 

 

It would be nice if there was something more conclusive than the  somewhat old and indirect references (including mine) listed in this thread. Unfortunately, it sounds like it's not out there.

 

So, IMO, this gray area time period between i-94 expiration and legal resident status is just one more very strong reason to choose the CR-1 over the K-1.

[Ontarkie 13,914]

~~Moved to Moving Here and Your New Life, from AOS Family K1/K3 - as the topic is about housing~~