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ProbeGT

AOS from A2 visa - questions

By ProbeGT in Adjustment of Status from Work, Student, & Tourist Visas

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ProbeGT   43

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7 minutes ago, geowrian said:

Let me try to clarify something...

 

"Status" refers to one's current immigration status in the US. Once they violate the terms of their status, they will be out of status. So by quitting the job, since their status is linked to the job, she will be "out of status".

"Applicant" is not a status.

Filing an I-485 does not change one's status. A properly filed I-485 application grants a period of authorized stay. This prevents the accrual of unlawful presence, and for all intents and purposes, permits her to remain in the US while her case is adjudicated.

 

Unless she remains employed until her I-485 is approved, there is no way to avoid her being out of status. But so long as she files the I-485 before losing status, it's a non-issue.

Does filing mean physically filing, or does it mean getting a receipt?  I'm wondering because from what I heard, once we send the application in, the A2 visa is no longer valid. Therefore she can't work at the foreign mission. 

DISCLAIMER:

NOT A LAWYER.  ADVICE IS GENERAL IN NATURE.  CONSULT AN EXPERIENCED IMMIGRATION ATTORNEY (OR MULTIPLE ATTORNEYS) REGARDING YOUR SPECIFIC CASE.

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geowrian Grand Master

geowrian   22,335

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Filed: Lift. Cond. (pnd) Country: Philippines
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1 minute ago, ProbeGT said:

Does filing mean physically filing, or does it mean getting a receipt?  I'm wondering because from what I heard, once we send the application in, the A2 visa is no longer valid. Therefore she can't work at the foreign mission. 

Filing begins from when they receive the application. The receipt is just evidence of the pending application / period of authorized stay.

 

I'd have to defer to others on the specifics of A-2, sorry...I don't really touch A and G class visas much (they have a lot of unique attributes and exceptions in the INA). I will refer to this as some reference, if it helps at all: https://www.nolo.com/legal-encyclopedia/green-cards-foreign-diplomats-employees-international-organizations.html

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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