Current Immigration Status. What should I put?
Hello Everyone, I am filling out my I-485 form and I’m not sure how exactly to answer the question about my current USCIS status. I am married to a USC and I am out of status; so do I just answer “out of status or Pending Adjustment of Status or something else? Does it even matter either way? (I came to the US as a child on a vistor visa, which has long been expired.)
Any advice would be great. Thank you. |
Re: Current Immigration Status. What should I put?
Originally Posted by trinikisses
Hello Everyone, I am filling out my I-485 form and I’m not sure how exactly to answer the question about my current USCIS status. I am married to a USC and I am out of status; so do I just answer “out of status or Pending Adjustment of Status or something else? Does it even matter either way? (I came to the US as a child on a vistor visa, which has long been expired.)
Any advice would be great. Thank you. It pays to remember that the I-485 is a multi-use form which applies to applications for permanent residence on ALL different categories. If you are applying based upon marriage to a US citizen, your status generally doesn't matter as long as you were "inspected and admitted." You will be providing proof of entry anyways -- so the answer in your case is in the no harm no foul category. For years I would put something like "B-2 overstay" or some such. Then when CIS started electronic filing of some forms [such as the I-765], I noted that THEIR software allowed only for the type of ADMISSON or the fact of entry without admission [aka "EWI" in immigration jargon]. Taking the hint -- I now just put in "B-2" for cases like yours. |
Re: Current Immigration Status. What should I put?
tk,
If you are just now filling out your I-485 and have not yet submitted it, then you are not yet pending adjustment? Regards, JEff trinikisses wrote: > Hello Everyone, I am filling out my I-485 form and I'm not sure how > exactly to answer the question about my current USCIS status. I am > married to a USC and I am out of status; so do I just answer "out of > status or Pending Adjustment of Status or something else? Does it even > matter either way? (I came to the US as a child on a vistor visa, which > has long been expired.) > Any advice would be great. Thank you. > > -- > Posted via http://britishexpats.com |
Re: Current Immigration Status. What should I put?
Originally Posted by Folinskyinla
You will be providing proof of entry anyways -- so the answer in your case is in the no harm no foul category.
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Re: Current Immigration Status. What should I put?
Originally Posted by snowbunny
If she came as a child, though.... OP, do you have the original visa still?
Thanks for the input your guys ;) |
Re: Current Immigration Status. What should I put?
I think the correct answer here should be "out of status". Puting down "B-2"
would be untruthful . "Folinskyinla" <member4043@british_expats.com> wrote in message news:[email protected] m... >> Hello Everyone, I am filling out my I-485 form and I�?Tm not sure how >> exactly to answer the question about my current USCIS status. I am >> married to a USC and I am out of status; so do I just answer �?oout of >> status or Pending Adjustment of Status or something else? Does it even >> matter either way? (I came to the US as a child on a vistor visa, >> which has long been expired.) >> Any advice would be great. Thank you. > Hi: > It pays to remember that the I-485 is a multi-use form which applies to > applications for permanent residence on ALL different categories. If > you are applying based upon marriage to a US citizen, your status > generally doesn't matter as long as you were "inspected and admitted." > You will be providing proof of entry anyways -- so the answer in your > case is in the no harm no foul category. > For years I would put something like "B-2 overstay" or some such. Then > when CIS started electronic filing of some forms [such as the I-765], I > noted that THEIR software allowed only for the type of ADMISSON or the > fact of entry without admission [aka "EWI" in immigration jargon]. > Taking the hint -- I now just put in "B-2" for cases like yours. > -- > Certified Specialist > Immigration & Nat. Law > Cal. Bar Board of Legal Specialization > Posted via http://britishexpats.com |
Re: Current Immigration Status. What should I put?
Originally Posted by Blank
I think the correct answer here should be "out of status". Puting down "B-2"
would be untruthful The forms also ask for expiry date AND one usually puts a copy of the I-94 with it. Please note that the it is the **CIS** which uses the convention of entry status, whether or expired or not, when making an on-line application. However, this is a "no harm no foul" type of answer. |
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