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Catherina

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    Catherina reacted to VanessaTony in Legal status while waiting AOS   
    You make me laugh because I DO know what I'm talking about, ask the member that you quoted, that our opinions and advice vary occasionally is irrelevant.
    It is common knowledge that you can still be detained by ICE even with AOS pending, I'm not saying you SHOULD be but you CAN be. There have been more than one of these cases mentioned on VJ, given not all people with AOS pending are on VJ, you can extrapolate that number to a much greater one.
    One case I remember distinctly involved $15,000 bail and lawyer fees. The immigrant and his wife were on a bus interstate when it was stopped by ICE and they were (from memory) actually looking for someone in particular. He SHOWED his NOA1 (and passport) but the officer refused to accept it because he didn't know anything about it and the immigrant was detained in immigration jail.
    The wife paid the $15,000 bail to get him out before his court hearing. When the immigrant eventually went before an immigration judge, the judge threw the case out because the immigrant is allowed to remain while awaiting a decision on the AOS.
    I'm not saying that the officer was right, the issue is that like everything, not everyone KNOWS everything.
    As for status, there have been many many posts from more experienced members than myself (and Heat) about how "AOS pending" is not a legal status, it's not a legal term. You are "protected" but you aren't anything. Your status IS out-of-status because there is no legal term for "AOS pending, but you're protected from deportation. If you want to try and locate some legal document stating that your legal status is AOS pending I will HAPPILY eat my words. You CAN still be detained. You're not supposed to be, but you MIGHT which is why it's recommended (again in MANY posts) that you avoid borders etc until you have your GC.
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