eggysbrain

my husband and i recently filed AOS by mail two weeks ago, no sign of a reciept yet and the checks we wrote havent cleared, i am wondering if anyone can tell me what my status is at this time, before we filed AOS i was out of status, having entered on a visa waiver. I am so worried INS will show up to deport me!
Also, if the paperwork is returned due to errors, what happens with status while it is being resubmitted?

thanks!

eggysbrain

sorry forgot to mention that we took the papers to the INS office, only to be told that they dont take realtive applications over the counter anymore. they told us to put it in the box with the other petitions and they fedex it to be processed at a service center can anyone help me out with the status questions? please

Hnchoksi

    >Subject: Re: help help help regarding status, plz!
    >From: eggysbrain member24424@british_expats.com
    >Date: 5/12/2004 12:45 PM Eastern Standard Time
    >Message-id: <[email protected]>
    >Originally posted by eggysbrain
    >> my husband and i
    >recently filed AOS by mail two weeks ago, no sign of a reciept yet and
    >the checks we wrote havent cleared, i am wondering if anyone can tell me
    >what my status is at this time, before we filed AOS i was out of status,
    >having entered on a visa waiver. I am so worried INS will show up to
    >deport me!
    >> Also, if the paperwork is returned due to errors, what
    >happens with status while it is being resubmitted?
    >>
    >> thanks!
    >sorry forgot to mention that we took the papers to the INS office,
    >only to be told that they dont take realtive applications over the
    >counter anymore. they told us to put it in the box with the other
    >petitions and they fedex it to be processed at a service center can
    >anyone help me out with the status questions? please

Oh boy. Why didn't you Fedex it yourself...just wait and watch for a few days.

leedspaddy1971

Ok when I filed my AOS back in 2000, I was told by the then INS that the forms CANNOT be fedexed to the service centers and that the best way to send them was by regular mail with a Return receipt. From the tone of your post Hnchoksi, you are currently out-of-status with your visa waiver having expired, right? Trust me when I say this, the USCIS is not looking for you, they have bigger fish to catch. However, things have changed somewhat since I first applied for my AOS because back then if you were stopped by the police and they discovered that you were an illegal, they couldn't report you to the immigration authorities. These days especially after 911, that is changing.........so don't get stopped by the police!!!!! Another thing.... As soon as you receive your "Notice of Action" from the USCIS you will be legal again in this country. By this I mean they have received your application..........do not lose them and do not lose your original I-94 that you used to enter the country.

Finally, whatever you do, do not leave the country under any circumstances until you have secured your green card if you are indeed illegal right now. You see you could apply for advanced parole which are travel documents to be used by immigrants whose immigration cases are pending but with the VISIT program etc your previous overstay of the visa waiver would be available to the immigration officer at the airport etc. and so they could deport you irrrespective of whether you have an application for residency pending.
hope this helps

leedspaddy1971

sorry I meant eggysbrain and not Hnchoksi

tortoise

don't worry about the out of status bit - you'll be fine.

regarding leaving the country - i agree - do not leave till you have your green card. if you do leave, you may well be able to get back in via AP, but your claim will be made void and you will have to start all over again. they will think that you abandoned your claim.

i'm in the same position as you right now. i came in on a visa waiver, married and submitted my papers about 18 days after the180 days grace period. (i've said it before, but i had no idea that i had time restraints till after i'd submitted...).

if it helps any, i didn't get my receipts until 2 months later. i filed 9th feb and received my NOA's on 7th april.

by the way, where are you based?

eggysbrain

by the way, where are you based? [/QUOTE]

we're in philly, thanks for all the information, im not planning to leave the country, just really want everything to go as smoothly as possible! i know its gonna take some time

Susanna

we're in philly, thanks for all the information, im not planning to leave the country, just really want everything to go as smoothly as possible! i know its gonna take some time [/QUOTE]


Hi yer
I was in your situation also and I know how you feel.
It took 49day to get my receipt.
I was on visa waiver also and overstayed.
You could use AP if you did not go over 180days if the overstay is short then they should let you back in alright but never the less try to stay here to be on the safe side.
Also if you do leave it is not void if you apply for AP and re-enter just don't stay away long I would not risk more then 2 weeks and only then if there was family emergency.
My friend has just come back on AP after overstay and had no problems that not to say you won't.
Good Luck

p.s I carry my documents everywhere with me photocopies just incase.

AlisonPA

we're in philly, thanks for all the information, im not planning to leave the country, just really want everything to go as smoothly as possible! i know its gonna take some time [/QUOTE]

I am assuming that you left your AOS papers with Philly for them to forward on to the NBC? That's fine - they are saying on the USCIS Philadelphia webpage that they take these and forward them daily. It also says however, that you should receive a receipt from the NBC within 14 days. I can't see that happening as they are getting more and more applications sent there. I applied directly to Philadelphia (prior to the change) and got my receipt 4 weeks later.

Rete

Things have changed since 9/11/2001. The service center the clerk was talking about is the MSC/NBC (a relatively new center) which processes the petitions for most of the district office in the US.

Yes the OP is out of status but is in status as soon as receipt of the petitions. The receipt date is also the date received by mail. If the only some forms are returned for RFE, she should still be within status. However they return everything she sent then it is possible that they will consider her out of status until the package is returned and received.

Rete

eggysbrain

yes, we left them with the philly office who said theyd forward them the next day, i assumed it would be more than 14 days for a reciept, seeing the amount of people who were there that day!
thank you everyone who answered my question, you guys have been more than helpful!

tortoise

rete, even though we are in status now, it's still not advisable to leave the country till we have our green cards. correct? just want to double check i have my facts right.

:)

leedspaddy1971

If you want to be safe, then don't leave the country at all until you have your green card application has been approved via the AOS interview.

Its weird but Philladelphia is my office as well. I am just about to apply for my citizenship and am a little pissed because the Pittsburgh office is 6 months ahead of Philly in its processing of Naturalization........Ok folks I hope everything goes ok with your applications
cheers,
paddy

Amanda

I were you I would have mailed it and have proof.