Being Stopped By Cops

[Jamar]

What is the name of your state? FL
Hey i have an I-130 Pending, i came to the US lawfully im currently out of status,i dont have a state ID or drivers license,what if the cops just randomly stop me and question me or ask for ID that i dont have ,would i be arrested and deported? the reason im asking this is because ,due to me out of status with pending I-130,i try my best to stay out of law enforcement way.

 

[broguearcher]

Your question

What is the name of your state? FL
Hey i have an I-130 Pending, i came to the US lawfully im currently out of status,i dont have a state ID or drivers license,what if the cops just randomly stop me and question me or ask for ID that i dont have ,would i be arrested and deported? the reason im asking this is because ,due to me out of status with pending I-130,i try my best to stay out of law enforcement way.

your question is very similar to what I asked on here before in regard to my fiancee. I was told that YES she could be deported. She has a Mexican drivers license but no state license or other U.S. ID.

Speaking of the I-130... how long were you told it would take to receive approval on it?

 

[ImmigAttyLana]

to the original poster, are you married to a US citizen? If so, why do you only have a I-130 pending and not the I-485 which would allow you to apply for an employment authorization document and, with that, a social security number and a valid driver's license?

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.

 

[evcalyptos]

Speaking of the I-130... how long were you told it would take to receive approval on it?

FYI, that won't have anything to do with the type of filing you've been talking about doing.
You will want to watch the timelines for I-485 from your District (also known as Local) Office.. find it at uscis.gov

 

[Jamar]

To Lana,yes im married to a US citizen,the reason i only have the I-130 Pending is because,she doesnt make enough money to sponser me and we dont have co-sponsers,plus we're saving money due to the fees increase.

 

[evcalyptos]

To Lana,yes im married to a US citizen,the reason i only have the I-130 Pending is because,she doesnt make enough money to sponser me and we dont have co-sponsers,plus we're saving money due to the fees increase.

What are you going to do when the I-130 is approved and sent to the NVC to start your immigrant visa application?
You will have a problem if you leave the US if you have 'enough' overstay.

I really do not understand this strategy.

 

[Jamar]

when the I-130 is approved and i have enough money saved up to adjust my status and get an EAD.but right now the fee increase is very exspensive,so thats the reason i sent in the I-130 before the fee increase.$1010 for I-485 and $340 for EAD,it doesnt sound like alot but it is too me,plus atty fees,so im not in a hurry,plus i dont want my wife to think im using her for Immigration benifits.
yes i overstayed,and i have no intention to leave the country until i get a Green Card

 

[evcalyptos]

What I am trying to tell you is that an I-130 on its own gets sent for VISA processing. OUTSIDE the US.

 

[Jamar]

so did it do something wrong? i didnt have sufficient fees to file everything at once,since im in the US why would they send my petition abroad to process?

 

[ImmigAttyLana]

Well, first of all, the $1010 is already for a AP and EAD included so really, effectively, this is only about a $400 increase from what it was for the entire packet before 7/30/07. But if you had applied for everything, you would have been eligible for the EAD within 90 days. You will still be able to AOS when the I-130 is approved or even if you submit it before that, but you will still need to have a co-sponsor or show sufficient income so I am not sure how the situation is going to change for you in the near future unless your spouse is about to get a great job where the pay will be higher than what it is now or at least high enough to qualify as the sole sponsor for the affidavit of support purposes.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.

 

[Jamar]

OK,i just look on the uscis website and see that.i overstayed more than 1 yr,so i should'nt file for AP when i do adjust my status, i've also heard that people can get a fee waiver if they cant afford the fees due to the fee increase.is that true?

 

[ImmigAttyLana]

Yes, someone in your situation should not apply for a AP but now the fee includes it anyway, so you just would not use it. If you think you might qualify you can apply for the fee waiver but given that you have to have a sponsor with an affidavit of support it's unlikely that you'd have enough for that but not enough to pay the new filing fees.

 

[Jamar]

ok,thanks,can you tell me whats makes me qualify for the fee waiver? i think my wife would be able to sponser me with out a co-sponser,i looked at her last paystub,and her year to date gross pay ways 14k+ plus our household is 2.

it's unlikely that you'd have enough for that but not enough to pay the new filing fees.
I don't get what u mean lana.

 

[ImmigAttyLana]

Your wife does not qualify with that income as the sole sponsor. You would need to get a co-sponsor.

You can look at the requirements for applying for the fee waiver and see if you qualify.

 

[Jamar]

No,the 14k is what she made so far for the 1st 7mos of this year,i heard the guidelines for a household of 2 is 17k is that true?,she would be making 20k+ this year, last year she didn't make that much,but now she got a higher raise.