When out of status -Empl Auth Appl. & Travel Permit Qs
 

I am a British Citizen and entered the US on a visa waiver. I married a US citizen within my 3 months authorized stay. I still haven't filed any immigration paperwork and I've now been out of status for about 60 days. (1)Am I entitled to file the I-765, appl for employment authorization? (2)If yes, under which category? (3)Am I entitled to file for a travel permit I-131? (4)If yes, and then even if I get my I-131 approved, I'm told that if I do travel before I receive my perm. residence, when I try to re-enter the US, I may be denied entry because I have been (am presently) out of status. Is this correct?

Re: When out of status -Empl Auth Appl. & Travel Permit Qs
 

You cannot file just those 2 things, no. You have to file a complete AOS application, which includes those forms. For sure you can include the I-765 for work authorization, but I am not sure if you should try using the AP or not, because of your overstay. You're probably safer waiting until you get you green card.

Rene

Re: When out of status -Empl Auth Appl. & Travel Permit Qs
 

best get your finger out mate.

you're only a knock on the door from deportation.

Re: When out of status -Empl Auth Appl. & Travel Permit Qs
 

1 yes

2. 7a on instuctions

3 yes

4 yes

Shame you never went home as the time required...

Re: When out of status -Empl Auth Appl. & Travel Permit Qs
 

Yes.


As long as you file an I-485 at the same time, category (c)(9).


Yes.


Once you file to adjust your status (I-485), you won't be out of status anymore. Yes... it's that simple. You'll be lawfully in the US "under color of law" and will be allowed to remain in the US pending a decision on your I-485. That said, only a US citizen has the right of entry to the US... everyone else can be denied for any reason.

Ian

Re: When out of status -Empl Auth Appl. & Travel Permit Qs
 

Wow, you're all very fast with the replies. I'm impressed and thank you all!

Do you think I'm really inches away from deportation or were you just trying to make me get my act together and APPLY :-)!?

Re: When out of status -Empl Auth Appl. & Travel Permit Qs
 

well, the longer you leave it, the greater the chance of it happening.

Re: When out of status -Empl Auth Appl. & Travel Permit Qs
 

I was out of status for nine years. Just saying ;)
Didn't bother to file I-131. Even with an AP in hand, I wouldn't have left the US. An overstay that long would make AP worthless.

Re: When out of status -Empl Auth Appl. & Travel Permit Qs
 

The sooner you apply, the sooner you're protected. Right now, if you get stopped for littering... you could end up being removed from the US.

Ian