Being out of Status and AOS

[Dart60]

However, whether you are out of "status", or have ever been out of status (even if you have no "unlawful presence"), is relevant to your AOS. The fact that you are out of status is why you are not eligible for AOS based on your spouse's petition as a spouse of a permanent resident (F2A category).

Thanks for the complete info. So, you are concluding that I can't do the AOS for my i130 when the date is current And while my i140 and i485 are pending? Because I'm out of status.

If someone would be out of status for 5 years and have no judge desicion or case denial and so no "unlawful presence" for the person. And if leave the country there is no 10 years ban for him or her. Right?

[Dart60]

If I was in your shoes I would wait out my i-140 application. If it is denied or if i-130 priority date becomes current before i-140 is approved, then you can pursue the i-130 at this point.

Do you think that I can do AOS for my i-130 if date would be current while my employement case would be pending? Since I'm out of status. Thanks

[newacct]

Thanks for the complete info. So, you are concluding that I can't do the AOS for my i130 when the date is current And while my i140 and i485 are pending? Because I'm out of status.

If someone would be out of status for 5 years and have no judge desicion or case denial and so no "unlawful presence" for the person. And if leave the country there is no 10 years ban for him or her. Right?

As we've been saying before, it's 100% certain that you cannot file AOS in the F2A category because you have been out of status. Whether your other I-485 is pending is irrelevant.

[azblk]

Do you think that I can do AOS for my i-130 if date would be current while my employement case would be pending? Since I'm out of status. Thanks

Like Newacct said above. The only way you can AOS from a marriage based petition if you are out of status is for your spouse to a USC or if you qualify for 245(i), then the spouse can be a LPR. You can still AOS based on your i-140(NIW) if it is approved. If that gets rejected you can leave the country and do consular processing based on you i-130 as you have no unlawful presence that should not be an issue.

[Dart60]

As we've been saying before, it's 100% certain that you cannot file AOS in the F2A category because you have been out of status. Whether your other I-485 is pending is irrelevant.

Thanks for reply. I'm part of thoes countries for travel ban and prefer not to do consular processing until I'm sure that I can pass it for F2A.
Can I leave the US on AP and do the consular( PD current) for F2A and back again and wait for decision?

[azblk]

Thanks for reply. I'm part of thoes countries for travel ban and prefer not to do consular processing until I'm sure that I can pass it for F2A.
Can I leave the US on AP and do the consular( PD current) for F2A and back again and wait for decision?

I am not sure you can do this but who knows. It will take at least 2 years for you i-140 to be approved or denied and it will take about the same time for your i-130 PD to become current. All this time your spouse will be getting closer to naturalizing. I think you should concentrate on your i-140 and then revisit later.

[Dart60]

I am not sure you can do this but who knows. It will take at least 2 years for you i-140 to be approved or denied and it will take about the same time for your i-130 PD to become current. All this time your spouse will be getting closer to naturalizing. I think you should concentrate on your i-140 and then revisit later.

Thanks again for helping me out.

[Dart60]

Thanks again for helping me out.

Check this new rules by USCIS about unlawful presence, Thanks

https://www.uscis.gov/news/news-releases/uscis-changing-policy-accrued-unlawful-presence-nonimmigrant-students-and-exchange-visitors

[azblk]

Check this new rules by USCIS about unlawful presence, Thanks

https://www.uscis.gov/news/news-rele...hange-visitors

This has been discussed here before. It does not affect you as you have a pending i-485.

[Dart60]

This has been discussed here before. It does not affect you as you have a pending i-485.

That's correct that i have a pending i-485. You mean that I'm not going to start accruing unlawful presence on August 9, 2018, based on this new memo?. since my F1 visa had terminated on sep, 2017 and being out of status.
It could affect me if my work case get denied and I would like to apply for a visa at a embassy based on my family case at the time that the date is current.

[newacct]

That's correct that i have a pending i-485. You mean that I'm not going to start accruing unlawful presence on August 9, 2018, based on this new memo?. since my F1 visa had terminated on sep, 2017 and being out of status.

That's correct

It could affect me if my work case get denied and I would like to apply for a visa at a embassy based on my family case at the time that the date is current.

You would start accruing unlawful presence when your I-485 is denied. But that would likely have been true even without this policy change anyway, because if the I-485 denial came with a determination that you were out of status, you would still start to accrue unlawful presence under the previous rules.