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STATUS after 245(i) filing routine ???

STATUS after 245(i) filing routine ???

Old Feb 11th 2001, 11:07 am
  #1  
Edward
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I wonder what happens after submission of all these papers to persue AOS under 245(i)
before end of this April?

I am not sure what papers/letters a person will get and what this papers will allow this
person to do? And WHEN ? I am not sure wether it's Pre-Approval letter.

I heard that all a person can get is receipt (the mere fact of being given one will
prevent this person from getting deported in case of something....). But nothing else
happens for more than a year or two.... - no authorization to work (even temporarily) no
cards, no any other documents raising a bit of applicant's rights at all.

Is that so? And how this person lives all these months waiting for further developments?
To work illegally in order to survive and by doing thids break other laws?

What is the STATUS (or conditions, legal and PRACTICAL basis) of this person after
subbmiting all documents and processing fees ?

I am refferring to "independent" way of AoS that supposedly involves Labor certification,
an employer's petition for permanent employment of an applicant etc.

Any explanation would be greatly appriciated! Thanks.

Ed.
 
Old Feb 11th 2001, 5:21 pm
  #2  
Michael E. Piston
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Edward:

All 245(i) gives one is the right to apply for adjustment of status (file a form I-485)
after an immigrant visa petition has been approved upon one's behalf and a visa becomes
available, even if one is illegally in the U.S.

Only when an I-485 is filed does one USUALLY (but not always) gain the right to remain in
the U.S. with employment authorization until a decision is made in one's case.

Until your I-485 is filed, you get nothing - no right to employment authorization, or
protection against deportation.

Michael E. Piston Attorney at Law 4000 Livernois Ste 110 Troy, MI 48098
248/680-0600

My comments are based upon my over 15 years of full time experience as an immigration
attorney. It has not been confirmed by research, and one or more immigration officials or
other attorneys may disagree. This is not legal advice and is provided on the
understanding that no attorney-client relationship is created or intended.

> I wonder what happens after submission of all these papers to persue AOS under 245(i)
> before end of this April?
>
> I am not sure what papers/letters a person will get and what this papers will allow this
> person to do? And WHEN ? I am not sure wether it's Pre-Approval letter.
>
> I heard that all a person can get is receipt (the mere fact of being given one will
> prevent this person from getting deported in case of something....). But nothing else
> happens for more than a year or two.... - no authorization to work (even temporarily) no
> cards, no any other documents raising a bit of applicant's rights at all.
>
> Is that so? And how this person lives all these months waiting for further developments?
> To work illegally in order to survive and by doing thids break other laws?
>
> What is the STATUS (or conditions, legal and PRACTICAL basis) of this person after
> subbmiting all documents and processing fees ?
>
> I am refferring to "independent" way of AoS that supposedly involves Labor
> certification, an employer's petition for permanent employment of an applicant etc.
>
> Any explanation would be greatly appriciated! Thanks.
>
> Ed.
 

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