Edward

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.

Sylvia Ottemoeller

Edward wrote:

> 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?

If you are speaking of a labor certification application (Form ETA 750) or
employment-based immigrant petition (Form I-140), yes, that is so, more or less. There
will be a lot of variation on timing depending on geographic location, and government
agencies involved.

Work authorization can be obtained when the person is eligible to file Form I-485.

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?

The U.S. government did not invite the person to put himself or herself in the position of
being in the U.S. in violation of status. In fact, the U.S. government employs thousands
and thousands of persons whose job it is to keep the person outside the U.S.

Presumably, however the person was surviving before, he or she will continue to survive.

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

The status is the same as the person held before the application or petition was filed.
Some attorneys think that the filing of Form ETA 750 may make the person vulnerable to
removal proceedings, because the Department of Labor has a history of checking on aliens
who are beneficiaries of labor certification applications.

INS does *not* have a history of bothering out-of-status aliens who are beneficiaries of
family-based immigrant petitions (Form I-130).

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

This is known as employment-based immigration. I'm not sure where you got the word
"independent."