When out of status -Empl Auth Appl. & Travel Permit Qs
#1
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?
#2
Re: 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?
Rene
#4
Re: 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?
2. 7a on instuctions
3 yes
4 yes
Shame you never went home as the time required...
#5
Account Closed
Joined: Aug 2002
Location: Kentucky
Posts: 38,865
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
(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.
Ian
#6
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 :-)!?
Do you think I'm really inches away from deportation or were you just trying to make me get my act together and APPLY :-)!?
#8
Re: When out of status -Empl Auth Appl. & Travel Permit Qs
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.
Last edited by Kar98; May 3rd 2009 at 1:07 pm.
#9
Account Closed
Joined: Aug 2002
Location: Kentucky
Posts: 38,865
Re: When out of status -Empl Auth Appl. & Travel Permit Qs