Current Immigration Status

[JoseG 383]

There seems to be some confusion on what the correct answer is for question #15 of form I-765.

The question asks for your Current Immigration Status. Some people are under the impression that the correct answer is Unlawful Status: Deferred Action for Childhood Arrivals by ICE. I don't think this is the correct answer.

The reason for why I think that is not the correct answer is because in the instructions there are 2 sections under Consideration for Deferred Action ( c) (33)

The second section talks about Deferred Action being granted to you by ICE. The only way that you could be granted Deferred Action by ICE is if you are or were in removal proceedings, since this process is being done by USCIS through DHS, not ICE.

The correct answer would simply be Unlawful Status if you came to the US without inspection. If you came with a student visa or visitor visa, you can put Student Visa Overstay, or Visitor Visa Overstay.

EDIT: This is an opinion, which means I can be wrong.

[itzel 336]

I read this post over and over again and I can say that on my application I put for #15 Unlawful Status by DACA by ICE. I feel that is correct. The part you have highlighted under red continues to say file a stand alone form of I765 with a copy of that notice.

I respect your opinion/answer but respectfully disagree.

[JoseG 383]

Yes, but in the sub section a. of Section 2 it says to put Unlawful Status: Deferred Action for Childhood Arrivals by ICE.

I don't mean to make this into an argument, that's just why I think that it's not the correct answer, because a. is a sub section to Section 2 which speaks of ICE granting you Deferred Action.

Either way, It probably isn't such a big deal since we are filing form I-821D along with I-765.

[pswa83 302]

so why doesnt someone just call USCIS and ask??? simple enough and no agruement is needed.

[pswa83 302]

i also put "Unlawful Status: Deferred Action for Childhood Arrivals by ICE" and so far, they have not sent my application back or said anything about it.

[JoseG 383]

I gave them a call and they said that if you came with a Visa, for example, Student visa, you can put Student Overstay or Visitor Overstay if you came with a Visitor Visa. If you came without inspection, you can put Unlawful Status, or No Status.

[Sinae 21]

JoseG. Very good point. I called the USCIS and asked "unlawful status:Deferred Action For Childhood Arrival by Ice" on question 15 is correct answer. The representative refused to give me a response. And I see where you are coming from. Defered action granted immigrant are in unlawful status. There are some people who have deferred action granted because this DACA is not the whole new thing. So that applys to people who already have deferred action granted. People who came in with a visa has a status of "expired visa." I don't know what people can put down if they came in without inspection.

[JoseG 383]

If they came in without inspection, they would simply be "No Status" or "Unlawful Status" either one works.

[itzel 336]

We'll know soon enough if those who put "Unlawful Status DACA by ICE" is right or wrong.

[Rawf 336]

I also used Unlawful Status and I came to the US with a Visa.

[spike666 0]

ok so whats the correct answer lol

[JoseG 383]

ok so whats the correct answer lol

The correct answer would simply be Unlawful Status if you came to the US without inspection. If you came with a student visa or visitor visa, you can put Student Visa Overstay, or Visitor Visa Overstay.

EDIT: This is an opinion, which means I can be wrong.