Originally posted by WWJD: Hello, When a petition is pending in USCIS... what is that suppose to mean!!
In the normal world "pending" means exactly that. Pending, i.e., a decision is still outstanding. At USCIS it really means nothing. However, if you are a member of the normal world and, as long as you know something is pending and, you have not heard from USCIS in a long time, you have to poke them and remind them that something is pending.
Did I explain that good?
“...I may condemn what you say, but I will give my life for that you may say it”! - Voltaire
Originally posted by WWJD: Hello, When a petition is pending in USCIS... what is that suppose to mean!!
In the normal world "pending" means exactly that. Pending, i.e., a decision is still outstanding. At USCIS it really means nothing. However, if you are a member of the normal world and, as long as you know something is pending and, you have not heard from USCIS in a long time, you have to poke them and remind them that something is pending.
Did I explain that good?
On Spot!
USC and Legal, Honest Immigrant Alike Must Fight Against Those That Deceive and Disrupt A Place Of Desirability! All Are Victims of Fraud, Both USC and Honest Immigrant Alike! The bad can and does make it more difficult for the good! Be careful who you blame!!! kami ay nanonood!!!
Very good explanation Koller. An example, my Naturalization application from June 2006 is still "pending" according to the USCIS website yet I became a Citizen in October last year!
In the beginning the Universe was created. This has made a lot of people very angry and has been widely regarded as a bad move - Douglas Adams
Not illegal if doing AOS and have legal status when filed. If you were illegal at the time of filing, you are still illegal and can be placed in proceedings, be subject of expidited removal, and arrested. All assuming the petition is not fraudulent, then you are not legal at any time. Frivilout petitions included.
Originally posted by federale86: Not illegal if doing AOS and have legal status when filed. If you were illegal at the time of filing, you are still illegal and can be placed in proceedings, be subject of expidited removal, and arrested. All assuming the petition is not fraudulent, then you are not legal at any time. Frivilout petitions included.
I believe I red somewhere that when filing AOS, with EAD being issued - does not constitute being illegal but constitutes status for as long as the EAD is valid. I don't know where I read this anymore - maybe even here.
“...I may condemn what you say, but I will give my life for that you may say it”! - Voltaire
If what federale86 said was true then how could you defend yourself in Immigration court without being able to pay for a lawyer? That would be, to use Unique's phrase very un-American. That's why they issue EADs.
In the beginning the Universe was created. This has made a lot of people very angry and has been widely regarded as a bad move - Douglas Adams
Originally posted by Brit4064: If what federale86 said was true then how could you defend yourself in Immigration court without being able to pay for a lawyer? That would be, to use Unique's phrase very un-American. That's why they issue EADs.
What he said would not hold up in the court of law. I do now hold temporary status - it's on my drivers license also. It's ridiculous to think otherwise.....tssss!
“...I may condemn what you say, but I will give my life for that you may say it”! - Voltaire
federale86 is right. If you were not in status when you file the AOS, then you're not in status just because you filed it. The EAD card is just a card that "allows" you to work and get a SSN (legally)- it does not confer any sort of status. You can get picked up, put into proceedings, etc and will not be legal until you get your green card. If you get put into proceedings, a judge may (doesn't have to) put the proceedings on hold until USCIS adjudicates the AOS.
It lists all the classes of immigrants that qualify for EAD once the application is filed and pending. That includes AoS via marriage to a USC regardless if you had been illegal prior to or not. If you had been in the USA illegally for more than 179 days, you wouldn't want to leave or else you'd trigger a 3 or 10 year ban on returning. Nor will Advance Parole help you. But you would have a status even if it's only temporary.
In the beginning the Universe was created. This has made a lot of people very angry and has been widely regarded as a bad move - Douglas Adams
The EAD is issued to just about anyone. Even an EWI. It means nothing and offers no protection.
The rational behind it is USCIS is trusting people to the extent the applications submitted are proper and would likely be approved. Its to give people the ability to support themselves while going through their process and lesson the chances of them becoming a public charge.
Once the decision of status is made their EAD is affected at that point. If you get the GC it stays. If you are denied or status terminated the EAD is terminated at the same time.
Its a prima facie act of good faith. Nothing more.
The moment you capitulate to lawlessness you've lost your civility.
Posts: 8834 | Location: San Diego, or near by. | Registered: 06-08-2007
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