I-765, Part 2, # 25

[chiks24 11]

"Your Current Immigration Status or Category (for example, B-2 visitor, F-1 student, parolee, deferred action, or no status or category)"

 

So the immigration status at last arrival was B-1 visitor but since then, my spouse has overstayed her visa (her 5-year tourist visa is still valid till 2021). Would the answer still be "B-1 visitor" or "no status"?

 

[HRQX 4,145]

1 hour ago, chiks24 said:

Would the answer still be "B-1 visitor" or "no status"?

no status

[payxibka 10,047]

4 hours ago, chiks24 said:

"Your Current Immigration Status or Category (for example, B-2 visitor, F-1 student, parolee, deferred action, or no status or category)"

 

So the immigration status at last arrival was B-1 visitor but since then, my spouse has overstayed her visa (her 5-year tourist visa is still valid till 2021). Would the answer still be "B-1 visitor" or "no status"?

 

status that was granted upon entry.  

[chiks24 11]

6 hours ago, HRQX said:

no status

 

3 hours ago, payxibka said:

status that was granted upon entry.  

Two different answers 😅

[HRQX 4,145]

1 hour ago, chiks24 said:

Two different answers 😅

Read the questions literally.

For #25: "no status"

For #24: "B-1 visitor"

[payxibka 10,047]

If you entered without inspection ("EWI") then you write "no status", otherwise your current status is your entry status unless you previously filed an i-539 changing your status to another category. 

[HRQX 4,145]

2 hours ago, payxibka said:

If you entered without inspection ("EWI") then you write "no status", otherwise your current status is your entry status unless you previously filed an i-539 changing your status to another category. 

Those that overstay past I-94 date are also "no status." INA is explicitly clear. OP stated she overstayed.

[chiks24 11]

1 hour ago, HRQX said:

Those that overstay past I-94 date are also "no status." INA is explicitly clear. OP stated she overstayed.

That is where my confusion comes in. Her tourist visa is valid till next year but technically, she has been here longer than 6 months so she has overstayed.