noela

Hi, I would be pleased if you could offer some explanations regarding my partners 485. Her AOS application is now pending, and she has completed medicals and finger printing. She applied for travel document, but visa officer requested evidence regarding all entries and exits, and any period she had been out of stats.

Between Nov 2001 and July 2002, though she had a work permit and was working, she was technically out of status since she had abandoned her marriage-based application for AOS (by not showing up at INS interviews).


Does this (ie, the fact of being out of status) mean that she would experience difficulties in getting her AP and AOS ?

thanks in advance for your thoughts..

MN

Hnchoksi

    >Subject: Pending 485 and Travel Document
    >From: noela member19873@british_expats.com
    >Date: 3/29/04 11:37 AM Eastern Standard Time
    >Message-id: <[email protected]>
    >Hi, I would be pleased if you could offer some explanations regarding my
    >partners 485. Her AOS application is now pending, and she has completed
    >medicals and finger printing. She applied for travel document, but visa
    >officer requested evidence regarding all entries and exits, and any
    >period she had been out of stats.
    >Between Nov 2001 and July 2002,
    >though she had a work permit and was working, she was technically out of
    >status since she had abandoned her marriage-based application for AOS
    >(by not showing up at INS interviews).
    >Does this (ie, the fact of
    >being out of status) mean that she would experience difficulties in
    >getting her AP and AOS ?
    > thanks in advance for your thoughts..
    >MN

If one is out of status, one cannot adjust staus. After all, what is one
adjusting FROM? In this case AOS will most likely be rejected.

Sylvia Ottemoeller

"Hnchoksi" <[email protected]> wrote in message
news:[email protected]...

    > >Subject: Pending 485 and Travel Document
    > >From: noela member19873@british_expats.com
    > >Date: 3/29/04 11:37 AM Eastern Standard Time
    > >Message-id: <[email protected]>

    > >Hi, I would be pleased if you could offer some explanations regarding my
    > >partners 485. Her AOS application is now pending, and she has completed
    > >medicals and finger printing. She applied for travel document, but visa
    > >officer requested evidence regarding all entries and exits, and any
    > >period she had been out of stats.
    > >
    > >Between Nov 2001 and July 2002,
    > >though she had a work permit and was working, she was technically out of
    > >status since she had abandoned her marriage-based application for AOS
    > >(by not showing up at INS interviews).

    > >Does this (ie, the fact of
    > >being out of status) mean that she would experience difficulties in
    > >getting her AP and AOS ?

    > If one is out of status, one cannot adjust staus. After all, what is one
    > adjusting FROM? In this case AOS will most likely be rejected.

If the I-130/I-485 based on marriage to a U.S. citizen was filed before
04/30/2001, which it seems to have been (as reported in noela's other post),
then the adjustment may be approved despite the alien having violated
status, under INA section 245(i). Did she file Form I-485 supplement A?

However, advance parole will probably not be approved, and even if it is,
the person *should not leave* the U.S. It's hard to tell from these facts,
but it seems clear that the person is subject to the 3 or 10-year bar.

If she has not hired a good immigration attorney, she would be well-advised
to hire one right now, before replying to USCIS.