BCIS AOS Interviewers

[BronzeLady]

That is required for anyone who has been out of status since entry (except immediate relatives of USC....you are not an immediate relative you are the adult child of a USC). If you were out of status ONE DAY you would have to pay that.

[Mo]

BronzeLady

So you are saying the $1000/Suppliment A form are waivers of the overstay? I thought that was 245i related... I read so many immigration laws the past few months, and i never came across the $1000 fee which is not 245i related.

Regards.

[Old Man]

I-485 Supplemental A is the worksheet for those who may be eligible for 245(i). The fee is $1,000. INA 245(i) allows individuals who would not be eligible for AOS under INA 245(a) and (c) to adjust if otherwise eligible.

If you are an immediate relative of a USC, then 245(c) does not apply anyway, so for IRs, 245(i) is mainly for EWI. [245(a) requires you to have been let into the US by Immigration, so illegal aliens in the colloquial sense can't get "green cards" without the waiver.]

If you are not an IR, then 245(c) is a long list of "Oh, so sorry!" One of the items is the prohibition of AOS for nonimmigrant visa violators. So yes, 245(i) is a waiver of overstay, but much, much more.

[Mo]

But I thought the 245i died at 20 Dec 2000. I came to the US June 2001, and the overstay occured Jan 2003 - Dec 2003. So, in that case to be eligible for 245i - I have to satisfy the physical presence condition of the 20 Dec 2000 act, and I dont think I can fulfill that condition.... so maybe 245i is not something that will benefit me at all - or can it?

Need more input from the experts on this one .

Thanks

[BronzeLady]

Oops. Missed the part about you coming in after 12/21/00. You are not eligible. The only thing I can tell you is that 1) the officer may not notice that you were out of status on F-1 or 2) doesn't know about 12/21/00.

[Mo]

BronzeLady

I knew you did miss-out that part! - but I did hear a lot of people saying the same too, that officers don't even look at the F1 I20's in some cases at all.

I think the officers are over-rated - I hope they dont pin-me down on that part, and for the time the whole interview takes (15-mins), I personally think the chances are pretty low for them to think through that. But then again, if similar cases are becoming a common issue - then I think I will just have to pray that I dont get caught... what the worst case scenario if they find out I over-stayed for a period of a year?

[BronzeLady]

Interviews can take 15 minutes or can take much, much longer. If the officer believes something is wrong and can take a lot longer. DOn't go in there thinking you will only be there for 15 minutes.

[Mo]

I will not let them find something - by all accounts. If they DO find out this overstay, the burden will be on my side... but I heard a lot of nice things about the Boston officers.

So, we'll see.

[MicheI]

Mo; usually the officer who interviews is not the one who makes the final decision on the case

Marmaduk; The privacy act has been somewhat repealed by the patriots act ;-)

Glubirne; petition denied!

Mo: "thanks boys" ? hahahaha that just sounds so g a y

Moondin; thanks for your advise a la faux news ;-) 'immigrunts' like Maria will appreciate that!

Kenny: immmediate fam members are not automatically 'forgiven' (where does dis bs idea come from?)
- the popular practice of aging out has been aboneded a few years ago, so as long as pop did submit the petition BEFORE he turned 21 he's in it!


Moos; don't worry so much!

[Mo]

MicheI

Are you by any chance related to the infamous Michael on this discussion forum?

As far as my case, who makes the final decision on AOS cases if not the interviewing officer?

Thanks