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TineCW

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  1. Like
    TineCW reacted to Teemo in Entered the US on VWP. I-130 was approved. What Are Repercussions For Not Filing I-130 & I-485 Concurrently?   
    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. 
  2. Like
    TineCW reacted to Teemo in What Kind Of Status is Assigned Once Form I-765 Has Been Approved While I-485 is Pending?   
    This is not correct. You are not in lawful status once the I-485 is received, unless you are in lawful status from your original I-94. (for instance your H-1B is still valid). The I-485 places you in authorized stay from the Attorney General, which is not the same as lawful status. If you are a visitor overstay, you do not have lawful status now, you are just in authorized stay, which is a different term. 
     
    When you receive your EAD, you are still in authorized stay, and it is lawful for you to work, and with AP, you are allowed to exit the country and not abandon your application. But you are not in lawful status as per the definition of that term. 
     
    Your work authorization document, while not giving you "lawful status," is proof of your authorized stay and ability to work. This therefore entitles you to a state driver's license. Just take your EAD and social security card and whatever else they require and you can get a driver's license. 
  3. Like
    TineCW reacted to Jojo92122 in What Kind Of Status is Assigned Once Form I-765 Has Been Approved While I-485 is Pending?   
    Yes.  Keep a copy of the notice with you if that gives you comfort if you get detained by ICE.  LOL
     
    DMV is state govern, so the rules are different in every state.  Your EAD/AP may or may not meet their requirements.
     
  4. Like
    TineCW reacted to Queenrey in What Kind Of Status is Assigned Once Form I-765 Has Been Approved While I-485 is Pending?   
    You can take your letter you got from uscis to the DMV. They will confirm you. I did so and 2 weeks later USCIS sent a consent letter to them and it was done. So you can take your i797c to them
  5. Like
    TineCW reacted to Crazy Cat in What Kind Of Status is Assigned Once Form I-765 Has Been Approved While I-485 is Pending?   
    You will not be assigned another official status.  You will be in "authorized stay" AKA "Pending AOS" status until your I-485 is approved. or denied.
  6. Like
    TineCW reacted to SteveE in Entered the US on VWP. I-130 was approved. What Are Repercussions For Not Filing I-130 & I-485 Concurrently?   
    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...
     
     
  7. Like
  8. Like
    TineCW reacted to Jojo92122 in Entered the US on VWP. I-130 was approved. What Are Repercussions For Not Filing I-130 & I-485 Concurrently?   
    Don't let one single poster derail you.  Everyone else strongly disagree with his posts.  You do not have a problem, so file the I-485 ASAP.
  9. Like
    TineCW reacted to Crazy Cat in Entered the US on VWP. I-130 was approved. What Are Repercussions For Not Filing I-130 & I-485 Concurrently?   
    The OP's case is pretty simple....just file the I-485......
  10. Like
    TineCW reacted to Crazy Cat in Entered the US on VWP. I-130 was approved. What Are Repercussions For Not Filing I-130 & I-485 Concurrently?   
    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.
  11. Like
    TineCW reacted to Crazy Cat in Entered the US on VWP. I-130 was approved. What Are Repercussions For Not Filing I-130 & I-485 Concurrently?   
    Marrying within 90 days does not give them legal status at all......they, too, must file I-485 to obtain "authorized stay".
  12. Like
    TineCW reacted to geowrian in Entered the US on VWP. I-130 was approved. What Are Repercussions For Not Filing I-130 & I-485 Concurrently?   
    Properly filing an I-485 and having it accepted puts you into a period of authorized stay. Authorized stay is not a legal status...it just means they will not pursue any removal actions solely due to being present within the US without a legal status. You can obviously still be deported for other reasons, both before or after filing the I-485.
  13. Like
    TineCW reacted to geowrian in Entered the US on VWP. I-130 was approved. What Are Repercussions For Not Filing I-130 & I-485 Concurrently?   
    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.
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