Subject: Forms and Procedures for Out of Status LADs (question)

From: [email-masked] (Yi Guo)
Date: Tue, 26 Oct 93 10:48:40 CDT

Hi, there,
    I am puzzled by the LADs application for out of status lads.  Although
my wife's out of status issue is still under dispute and consideration with
the Dallas INS examiner, I would like to get some idea on the out of status
situation and voluntary departure program.
    From INS cable #4, it only addressed the issue of in status lads' 
adjustment of status (I-485).  What is the situation facing out of status
lads?  I have consulted a lawyer on this one, and he said we should file
a I-824 if my wife is out of status, and by entering voluntary departure
she can still use my priority date as hers.  
    What then is the complete procedure for an out of status lad to get 
PR?  Filing I-485, I-824 and wait for notice from a consulate abroad, and
get the immigrant visa from there?  And how long compared with in status
lads would she wait (i.e. is my priority date valid for her visa number
assignment?)
    Any opinion, experience is appreciated.  Thanks!

---

From: [email-masked] (Yi Guo)
Date: Thu, 28 Oct 93 09:49:53 CDT

[email-masked] wrote:
--> Hi, I have the same situation and same question as you, so please
--> post the message on the net if you receive from other netter.  Thanks a lot.
--> 
    Sure.  The correct answer would be wait till the final CSPA rule is
published (by the end of this year maybe), since the issue of voluntary
departure and how local INS should implement that is not clear at this moment.
But, basically under normal circumstances, you (the principal) should file
a I-824 (to a foreign consulate) for the out of status lad, the fee is
30 dollars.  Since I haven't started that yet, I am not clear about the
procedures that might follow.
    Also, just one thing I felt confused when I asked the Dallas INS office
examiner if out of status lad entering voluntary departure can have work
authorization (I-765 filing), she said it's not so.  I didn't have a copy
with me then, so I couldn't cite any credible source to correct her.  But
the interim rule does spell out clearly that lads in voluntary departure
can file I-765 to get a work authorization.  This might show you how confused
local INS offices are about out of status lads and voluntary departure for
this group of people.

-- 
        Jimmy Guo                |   CONVEX Computer Corporation
        E-mail: [email-masked]   |   3000 Waterview Parkway
        Phone : (214) 497-3120   |   P.O. Box 833851
        Fax   : (214) 497-4245   |   Richardson, TX 75083-3851, U.S.A.

---

From: [email-masked] (Yi Guo)
Date: Thu, 28 Oct 93 11:19:57 CDT

[email-masked] wrote:
--> I saw your post. What is I-824 form? You meant we had to file PR applications
--> for our out-of-status dependents with  foreign consulates instead of local 
--> INS offices? Thanks.

    I haven't seen one exactly, but I remember it sounds like 'request for
forwarding of approval notice to consulate abroad'.  
    Since I-485 is ADJUSTMENT of status, and out of status lads don't have
any valid status to adjust from, they are basically treated same like 
dependents in China.  To comply with the INA, one who is out of status cannot
adjust status or obtain legal status within the states, instead he/she has
to obtain an immigration VISA from abroad, a consulate.  I would still suggest
waiting till the final version of the CSPA is out.  Out of status, voluntary
departure, benefits related, etc. are all too unclear both to the field
INS officials and the lads concerned.
    Also I think you don't file I-824 to a consulate, neither do you file it
to a local INS office, instead you should file to your regional service 
center (both my lawyer and an examiner at local INS told me so).  
    Please give feedbacks on your experience.  Thanks!

p.s. forgot one thing here:  out of status lads use your priority date if
they file for eb-3, so where to file does not affect a lot on the position
of the application in the queue shared with others for adjustment of status.
but I am still not clear if you file I-824, your lad's petition will be
considered for eb-3 or not (I've never seen the form, so I cannot tell if
there is any column for you to specify, or if the final CSPA rule will
make this point clear).