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Is My Fiancee Considered To Be Out-Of-Status After Having An 245(i) AOS Application Pending?

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  • Is My Fiancee Considered To Be Out-Of-Status After Having An 245(i) AOS Application Pending?

    Please let me know

  • #2
    Please let me know

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    • #3
      No, s/he is considered to be in a period of authorized stay.

      Comment


      • #4
        TO: ASKY

        Section 245(i) ONLY allows to individuals, who have violated the immigration laws in the past, to file their papers over here instead of their home country, period. It does not give any kind of legal status or protection from deportation if INS catch them somehow. The only time individuals considered to be in status when they have legal visas whether nonimmigrant or immigrant(green card). I would like you to know that filing for any kind of application with INS or marrying with a u.s.citizen does not give a individual automatically a right to live here or any kind of status. However, if someone has a pending application for adjustment of status(i-485) with the INS, then INS does not try to deport them as a "general rule", but if they like to, they can do that since law states that if someone has no valid visa then they are deportable from the United States immediately even if they have U.S.Citizen spouse or children or relative. After deportaion, they are allowed to process their papers from outside the u.s. Afterward, govt. will let them enter as a legal with status. But, INS hardly exercises their discretionary power to deport the people who has pending adjustment of status application because INS lacks staffs, funding, as well their priorities are on criminals first unless somebody reports or they caught somehow either by INS or others law enforcement agencies across the United States.

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        • #5
          I submit my AOS on feb but I have not receive any feedback from INS. My I-130 was approved on 1994 and is already current.

          What should I do, wait, go to INS office?, How long do they take to answer at least with a notice of receive or something?

          Please help.

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          • #6
            TO: QUESTION

            If you have sent the application at local INS office then you will not receive any letter from them unless they need further documentations or information from you. If they do not need anything from you then only time you will receive anything from them when they will send you a appointment letter for fingerprinting.However, after 2 months of filing the application with local INS office, you can write a letter to them to inquire the status of yr application but you need to provide them the full name, date of birth and which country you are from or born in order to find out yr status.You can also go to the local INS office to ask the status, but it is not advisable to whom who has no legal status over here because INS can detain them even though they have pending application.

            If the application was mailed to INS Service Center, then you must be receiving yr notice in the mail in couples of week wherin it would say how long it will take to process that application alongwith with receipt# and yr alien file#, which you will be using for any future contact with INS.

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            • #7
              Sammy, the self-proclaimed immigration expert, is wrong.

              245(i) AOS applicants are pretty much treated like regular 245 AOS applicants. Immigration will not initiate deportation proceedings against them for any reason other than a very serious criminal conviction (just like they would not initiate deportation proceedings against a green-card-holder who has not been convicted of a deportable crime.)

              245(i) applicants have paid an $1,000 fine to be forgiven for the illegal entry/period od unauthorized stay in the U.S. It is simply non-sensical for the Immigration to get the $1,000 fine and then turn to these applicants and place them in deportation proceedings because they have been (may still be considered to be) illegally in the U.S.

              Dear Asky: the only case when some 245(i) applicants were placed in deportation proceedings was when a bunch of law-abiding Muslims went to the Special Registration Circus in certain INS District Offices. That was a planned-ahead persecution program intended to terrorize Muslims in the United States and to create the atmosphere to being the war on Iraq. Now that's over and Immigration is returning to its normal buraeucratic manner of operation.

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              • #8
                Thanks ASITIS!

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                • #9
                  i think sammy is right based on what happened in my case. i used to live in texas until february of this yr. my husband, a u.s.citizen had filed the paper works for me over there. i went there on B-2 visa and was working in a factory when one day we all illegal immigrant was caught by the immigration and even though i told that i have pending application for adjustment of status and i even showed the immigration-notice letter to them, they put me on removal(deportation proceeding) just because i did not have any status at that time under the law. I was presented in front of immigration judge, and judge also showed no mercy by stating that filing the papers does not give me a automatic right to stay in this country as far as law is concerned, but judge did give the choice of voluntarily departure so that i can come back to u.s. without any bar to me in the future with advise to file my paper work in Mexico where i am live now and waiting while my application is processing.there was no other reason to deport me except that i had no status in the u.s.,and even the application of adjustment filed by my husband did not protect me from deporting, so truth speaks to itself because i am live example of this kind of situation, that's why i would rely on the information sammy has given over here whether somebody agrees or not, because it is easy to give yr own comment over here, but in practical life the reality is what sammy has said because my situation is the proof of that reality.

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                  • #10
                    sorry for the typo,


                    "...you're NOT considered to be working illegally..."

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                    • #11
                      I can see now that this Sammy is terribly prejudiced toward immigrants...Sammy please don't respond any more to my thread (under "Sammy" or any other username.)

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                      • #12
                        i did not have EAD and i was working without any papers when ins caught me.

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                        • #13
                          Your fault then, Olga.

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                          • #14
                            Hmmm..

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                            • #15
                              My buddy pleaded guilty to a misdemeanor while he had his AOS pending (he had been illegally before he filed papers) Not only did not Immigration bother him after that, but they granted him the green card even when he told them himself on the day of his interview what had happened (the crime he had been convicted for was a misdemeanor which did qualify as a moral turpitude, yet was not a deportable one)

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