What officially is the status?
Oct 14th 2007, 4:39 am
#16
The Missus
Joined: Sep 2002
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Re: What officially is the status?
http://www.cyberdriveillinois.com/de...ptable_id.html
this gives you the list of docs necessary to apply for a license in Illinois.
HTH
~SG
Oct 14th 2007, 4:46 am
#17
Lost in BE Cyberspace
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Re: What officially is the status?
http://www.cyberdriveillinois.com/de...ptable_id.html
this gives you the list of docs necessary to apply for a license in Illinois.
HTH
~SG
this gives you the list of docs necessary to apply for a license in Illinois.
HTH
~SG
Oct 14th 2007, 4:58 am
#18
MODERATOR
Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,687
Re: What officially is the status?
The only place I've run into a problem with anyone being overly picky about Sadegh's official immigration status, was in trying to get him life insurance. Since he's not yet a USC, and has a high probability of travelling to Iran, it's been hard to find someone to cover him at at all, let alone any reasonable rate! 
Rene
Rene
Oct 14th 2007, 6:44 am
#19
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Re: What officially is the status?
Does anyone know the correct legal term for an alien's status under the following conditions? What I'm asking is - for example there is non-immigrant visitor, LPR, etc.... but during AOS seems like a bit of limbo - what do you call that?
K-1 - I presume you're non-immigrant right?
After 90 days and AOS in progress - you're ?????
After AOS that's easy - green card
I've discovered when talking to insurance agents, govt ppl re. drivers license, etc. said persons have no clue what K-1 or AOS or anything else are, they want to know "the status"
Thanks.
K-1 - I presume you're non-immigrant right?
After 90 days and AOS in progress - you're ?????
After AOS that's easy - green card
I've discovered when talking to insurance agents, govt ppl re. drivers license, etc. said persons have no clue what K-1 or AOS or anything else are, they want to know "the status"
Thanks.
A K-1 is a nonimmigrant.
Pursuant to the terms of Immigration & Nationality Act -- if the K-1 marries the AmCit petitioner within 90 days, they are no longer removable and fit within the definition of "alien lawfully admitted for permanent residence." However, please note that DHS vehemently disagrees with the language of the INA and puts in an "interpretation" contrary to the language. [This is a subject of litigation these days].
"The trouble is all inside your head she said to me. The answer is easy if you take it logically. I'd like to help you in your struggle to be free." Paul Simon
Oct 14th 2007, 7:07 am
#20
Lost in BE Cyberspace
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Re: What officially is the status?
Hi:
A K-1 is a nonimmigrant.
Pursuant to the terms of Immigration & Nationality Act -- if the K-1 marries the AmCit petitioner within 90 days, they are no longer removable and fit within the definition of "alien lawfully admitted for permanent residence." However, please note that DHS vehemently disagrees with the language of the INA and puts in an "interpretation" contrary to the language. [This is a subject of litigation these days].
"The trouble is all inside your head she said to me. The answer is easy if you take it logically. I'd like to help you in your struggle to be free." Paul Simon
A K-1 is a nonimmigrant.
Pursuant to the terms of Immigration & Nationality Act -- if the K-1 marries the AmCit petitioner within 90 days, they are no longer removable and fit within the definition of "alien lawfully admitted for permanent residence." However, please note that DHS vehemently disagrees with the language of the INA and puts in an "interpretation" contrary to the language. [This is a subject of litigation these days].
"The trouble is all inside your head she said to me. The answer is easy if you take it logically. I'd like to help you in your struggle to be free." Paul Simon
So just making sure I'm clear - the INA calls a K-1 after applying for AOS "alien lawfully admitted for permanent residence"
Are you saying DHS has some different status? If so, what is it?
Oct 14th 2007, 7:34 am
#21
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Re: What officially is the status?
Ian
Oct 14th 2007, 7:38 am
#22
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Re: What officially is the status?
After we get married I'm sure we'll apply for AOS very shortly so it probably won't matter too much in practical terms. But it's good to be accurate.
So then in theory, a person could marry on a K-1 and just sit here and never apply for AOS? And they could stay legally?
Of course, that wouldn't be remotely practical, but interesting in theory.
Oct 14th 2007, 9:22 am
#23
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Re: What officially is the status?
As Mr. F. points out, the DHS does not interpret the INA properly... and that could initiate some unfortunate events if someone didn't file for AOS.Ian
Oct 14th 2007, 9:24 am
#24
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Re: What officially is the status?
Of course, I was never suggesting not AOSing as a practical solution. Just sounded like an odd hypothetical.
Oct 14th 2007, 4:49 pm
#25
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Re: What officially is the status?
Ian, it's better for the world if I do not post such a weird image.
The British accent would work better on females; the German-sounding Dutch guy speaking English doesn't have the same effect. Plus we had Trooper Porkyguy looking over our documents and giving us the tenth degree. My fault for going to the least busy office -- which is in a regressively conservative county.
Oct 14th 2007, 11:26 pm
#26
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Re: What officially is the status?
I'm not the one being creative. It was the former INS.
This is the LAST published administrative case ever issued regarding the K-1:
Matter of Dawson http://www.usdoj.gov/eoir/vll/intdec/vol16/2694.pdf
In 1986, Congress passed the "IMFA" legislation. The last sentence of section 214(d) referenced in Dawson was repealed.
In implementation of the 1986 legislation, the former INS stated that the pre-1986 version provided for "automatic" adjustment even though the BIA had said there was "nothing 'automatic'" about the process. Also, the provision repealing the last sentence of 214(d) was described as requiring adjustment under section 245 -- which is strange because another section of the same legislation expressly prohibited adjustment under section 245.
This interpretation would put a patently absurd twist on what Congress did. This is subject to litigation right now. At least one District Court found this "reasonable" [I was the attorney
]. That case is currently on appeal.
Oct 15th 2007, 12:24 am
#27
Lost in BE Cyberspace
Thread Starter
Joined: Jan 2007
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Re: What officially is the status?
Hi:
I'm not the one being creative. It was the former INS.
This is the LAST published administrative case ever issued regarding the K-1:
Matter of Dawson http://www.usdoj.gov/eoir/vll/intdec/vol16/2694.pdf
In 1986, Congress passed the "IMFA" legislation. The last sentence of section 214(d) referenced in Dawson was repealed.
In implementation of the 1986 legislation, the former INS stated that the pre-1986 version provided for "automatic" adjustment even though the BIA had said there was "nothing 'automatic'" about the process. Also, the provision repealing the last sentence of 214(d) was described as requiring adjustment under section 245 -- which is strange because another section of the same legislation expressly prohibited adjustment under section 245.
This interpretation would put a patently absurd twist on what Congress did. This is subject to litigation right now. At least one District Court found this "reasonable" [I was the attorney ]. That case is currently on appeal.
I'm not the one being creative. It was the former INS.
This is the LAST published administrative case ever issued regarding the K-1:
Matter of Dawson http://www.usdoj.gov/eoir/vll/intdec/vol16/2694.pdf
In 1986, Congress passed the "IMFA" legislation. The last sentence of section 214(d) referenced in Dawson was repealed.
In implementation of the 1986 legislation, the former INS stated that the pre-1986 version provided for "automatic" adjustment even though the BIA had said there was "nothing 'automatic'" about the process. Also, the provision repealing the last sentence of 214(d) was described as requiring adjustment under section 245 -- which is strange because another section of the same legislation expressly prohibited adjustment under section 245.
This interpretation would put a patently absurd twist on what Congress did. This is subject to litigation right now. At least one District Court found this "reasonable" [I was the attorney
]. That case is currently on appeal. I was actually referring there to Ian's death rays from mars.Interesting case, I think I (mostly) followed the "attorney-speak". I get the gist of it.
So... as you said, the INA calls a K-1 who mas married within the 90 days "alien lawfully admitted for permanent residence"
What is DHS's interpretation? What do THEY call him/her?
This may be passing beyond practicality, but it is most interesting.
