It is very easy to get confused with the two concepts of "Authorized Status" and "Authorized Stay." It is important to understand the differences under certain circumstances.
"Authorized status" is determined by the expiration date on an alien’s I-94 form (arrival/departure record) or by the validity date on the alien’s extension of status (EOS) petition or change of status (COS) application. An extension of status petition may be filed on behalf of the alien, or the alien may file a change of status application for him or herself prior to the expiration of the current authorized status. If the alien have an EOS or COS filed timely and the EOS or COS is pending while the alien’s authorized status expires, the alien will be in a stage of "authorized stay" but not "authorized status."
The significance of this distinction is primary on the notion of "Unlawful Presence." If the EOS or COS is approved, the alien will continue with his or her legal stay in the U.S. until the next authorized status expires. If the EOS or COS is ultimately denied, the alien can begin to accrue unlawful presence for the days after the denial date. A situation that often gets confused is when an alien applies for a EOS for COS in time but before it is decided by the USCIS, the alien applies for a second EOS or COS and at the time the alien’s authorized status has already expires. If the first EOS or COS was denied, the alien’s second EOS or COS cannot make him to be in legal status even if the second one was filed before the first one’s denial because the second EOS or COS was filed after the initial authorized stay. The alien’s status is no long valid after the first EOS or COS is denied and the unlawful presence starts to accrue at the time the first EOS or COS is denied.
It is therefore important to pay attention to the different concepts of "authorized status" and "authorized stay."
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Differences Between “Authorized Status” and “Authorized Stay”
It is very easy to get confused with the two concepts of "Authorized Status" and "Authorized Stay." It is important to understand the differences under certain circumstances.
"Authorized status" is determined by the expiration date on an alien’s I-94 form (arrival/departure record) or by the validity date on the alien’s extension of status (EOS) petition or change of status (COS) application. An extension of status petition may be filed on behalf of the alien, or the alien may file a change of status application for him or herself prior to the expiration of the current authorized status. If the alien have an EOS or COS filed timely and the EOS or COS is pending while the alien’s authorized status expires, the alien will be in a stage of "authorized stay" but not "authorized status."
The significance of this distinction is primary on the notion of "Unlawful Presence." If the EOS or COS is approved, the alien will continue with his or her legal stay in the U.S. until the next authorized status expires. If the EOS or COS is ultimately denied, the alien can begin to accrue unlawful presence for the days after the denial date. A situation that often gets confused is when an alien applies for a EOS for COS in time but before it is decided by the USCIS, the alien applies for a second EOS or COS and at the time the alien’s authorized status has already expires. If the first EOS or COS was denied, the alien’s second EOS or COS cannot make him to be in legal status even if the second one was filed before the first one’s denial because the second EOS or COS was filed after the initial authorized stay. The alien’s status is no long valid after the first EOS or COS is denied and the unlawful presence starts to accrue at the time the first EOS or COS is denied.
It is therefore important to pay attention to the different concepts of "authorized status" and "authorized stay."