Mixed Insurance Banners Health Insurance for Visitors to USA

Announcement

Collapse
No announcement yet.

Question about status

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Question about status

    Hi everyone!

    So I have a question.
    I am in the process of getting a green card. I have already filed everything last December and my status is that my case is ready schedule interview.

    In the mean time I received my EAD.
    So when I applied for a green card my status was that I overstayed my ESTA Visa here.

    Now that I have my EAD I applied for a job at the airport and with badging etc, the Customs and Border Patrol wants to see me because I applied.

    You can understand my concern since I did overstay etc, so I'm not really sure if I am still subject for deportation or what.. anyone have any insight?

  • #2
    Originally posted by ewilliams View Post
    Hi everyone!

    So I have a question.
    I am in the process of getting a green card. I have already filed everything last December and my status is that my case is ready schedule interview.

    In the mean time I received my EAD.
    So when I applied for a green card my status was that I overstayed my ESTA Visa here.

    Now that I have my EAD I applied for a job at the airport and with badging etc, the Customs and Border Patrol wants to see me because I applied.

    You can understand my concern since I did overstay etc, so I'm not really sure if I am still subject for deportation or what.. anyone have any insight?
    They don't usually deport people for being out of status who have a pending Adjustment of Status application, but if they decide to deport you, there is nothing you can do about it, since you entered on VWP and so you have no right to a deportation hearing in immigration court (where you could otherwise file Adjustment of Status with the immigration judge as a defense against deportation).

    This is my personal opinion and is not to be construed as legal advice.

    Comment


    • #3
      Originally posted by ewilliams View Post
      Hi everyone!

      So I have a question.
      I am in the process of getting a green card. I have already filed everything last December and my status is that my case is ready schedule interview.

      In the mean time I received my EAD.
      So when I applied for a green card my status was that I overstayed my ESTA Visa here.

      Now that I have my EAD I applied for a job at the airport and with badging etc, the Customs and Border Patrol wants to see me because I applied.

      You can understand my concern since I did overstay etc, so I'm not really sure if I am still subject for deportation or what.. anyone have any insight?
      Just use common sense...why would they deport someone who is pursuing the legal path to immigration?? All AoS applicants are under "authorized stay" once USCIS has your application and sends you the receipt notices. Also, when your overstay's forgiven when you are the spouse of a US citizen.

      Comment


      • #4
        Originally posted by ewilliams View Post
        Hi everyone!

        So I have a question.
        I am in the process of getting a green card. I have already filed everything last December and my status is that my case is ready schedule interview.

        In the mean time I received my EAD.
        So when I applied for a green card my status was that I overstayed my ESTA Visa here.

        Now that I have my EAD I applied for a job at the airport and with badging etc, the Customs and Border Patrol wants to see me because I applied.

        You can understand my concern since I did overstay etc, so I'm not really sure if I am still subject for deportation or what.. anyone have any insight?
        Hey , I don?t think they would deport you for no obvious reasons. However , if I were you I would not apply to certain jobs like working close to border patrol .

        - - - Updated - - -

        Originally posted by coffeeaddict View Post
        Just use common sense...why would they deport someone who is pursuing the legal path to immigration?? All AoS applicants are under "authorized stay" once USCIS has your application and sends you the receipt notices. Also, when your overstay's forgiven when you are the spouse of a US citizen.
        Coffee Addict , why does you responses come off so rude and snutty??? Like you mad at someone or something ??
        C9 Spouse of USC
        NYC Filer
        04/13/18 - PD
        05/04/18 - Bio notice
        05/23/18 - Bio completed
        09/18/18 - RFIE mailed
        09/22/18 - RFIE Rcv'd
        10/09/18 - Responded to RFIE
        10/10/18 - USCIS Received RFIE
        10/12/18 - Text & email Update from dhs rcv'd response to RFIE
        10/12/18 - Submitted a SR form I-765
        10/25/18 - Case is ready to be scheduled for an interview
        11/14/18 - Submitted 2nd SR for form I-765
        11/26/18 - NOA for I765
        11/30/18 - Rcv'd SS card
        12/06/18 - Rcv'd EAD

        Comment


        • #5
          Originally posted by coffeeaddict View Post
          Just use common sense...why would they deport someone who is pursuing the legal path to immigration?? All AoS applicants are under "authorized stay" once USCIS has your application and sends you the receipt notices. Also, when your overstay's forgiven when you are the spouse of a US citizen.
          Thanks

          Comment


          • #6
            Originally posted by WaitedLongEnough View Post
            Hey , I don?t think they would deport you for no obvious reasons. However , if I were you I would not apply to certain jobs like working close to border patrol .

            - - - Updated - - -



            Coffee Addict , why does you responses come off so rude and snutty??? Like you mad at someone or something ??
            Lol trust me, I am not an angry person. OP's concern is understandable but also common and easy to Google. The fact it is being brought up now after AoS has already been filed means enough research wasn't done beforehand. Before I even filed anything, I looked into it because I knew my I-94 was going to expire about shortly after filing.

            - - - Updated - - -

            Originally posted by ewilliams View Post
            Thanks
            No problem. I should add that there ARE people out there who've gotten arrested at their GC interviews but they were longtime illegal immigrants who already had deportation orders out against them. In that specific situation, it's very tricky and authorized stay from AoS doesn't necessarily protect you. For you though, you are not in that same camp of people.

            Comment


            • #7
              Originally posted by coffeeaddict View Post
              Lol trust me, I am not an angry person. OP's concern is understandable but also common and easy to Google. The fact it is being brought up now after AoS has already been filed means enough research wasn't done beforehand. Before I even filed anything, I looked into it because I knew my I-94 was going to expire about shortly after filing.

              - - - Updated - - -



              No problem. I should add that there ARE people out there who've gotten arrested at their GC interviews but they were longtime illegal immigrants who already had deportation orders out against them. In that specific situation, it's very tricky and authorized stay from AoS doesn't necessarily protect you. For you though, you are not in that same camp of people.
              Thanks for the info. And sure you're right Google would've probably given me the answer but there's so much information out there, and some is actually pretty conflicting. So my idea was let's ask here.. people who are in the same situation.
              I need to go into the CBP office for a security seal on my work badge, I know what you said, but still there's always that little voice in the back of my mind. I think I'll be 100% comfortable once I actually have my GC. I overstayed 2yrs before applying.

              Comment


              • #8
                Originally posted by ewilliams View Post
                Thanks for the info. And sure you're right Google would've probably given me the answer but there's so much information out there, and some is actually pretty conflicting. So my idea was let's ask here.. people who are in the same situation.
                I need to go into the CBP office for a security seal on my work badge, I know what you said, but still there's always that little voice in the back of my mind. I think I'll be 100% comfortable once I actually have my GC. I overstayed 2yrs before applying.
                I wouldn't worry about it, worst that can happen is they provide a Notice to appear, but by the time that happens if you're interview is ready to be scheduled, you may already have had your interview and have your GC in hand. Best of Luck E!
                This is strictly an opinion and should not be misconstrued as legal advice. The use of this information is strictly at your own risk.

                -Krypton9591

                Comment


                • #9
                  Originally posted by krypton9591 View Post
                  I wouldn't worry about it, worst that can happen is they provide a Notice to appear, but by the time that happens if you're interview is ready to be scheduled, you may already have had your interview and have your GC in hand. Best of Luck E!
                  The OP won't get a Notice to Appear if they decide to deport him -- by entering on VWP the OP has waived any right to a hearing in immigration court, except if claiming asylum.

                  This is my personal opinion and is not to be construed as legal advice.

                  Comment


                  • #10
                    Originally posted by newacct View Post
                    The OP won't get a Notice to Appear if they decide to deport him -- by entering on VWP the OP has waived any right to a hearing in immigration court, except if claiming asylum.
                    Uh... so what are you saying? Lol

                    Comment


                    • #11
                      Anyone else have any input? I heard today that it's actually a interview performed by border patrol agents.

                      Comment


                      • #12
                        Well, I had my Border Patrol meeting this morning. I was in and out in 5min. As I gave proof that I had a I-485 pending, everything was fine. Thanks people for your input

                        Comment


                        • #13
                          Originally posted by ewilliams View Post
                          Well, I had my Border Patrol meeting this morning. I was in and out in 5min. As I gave proof that I had a I-485 pending, everything was fine. Thanks people for your input
                          Simple pimple! LOL, I am glad to hear it went well and that you are in the clear.

                          Comment

                          {{modal[0].title}}

                          X

                          {{modal[0].content}}

                          {{promo.content}}

                          Working...
                          X