Originally Posted by
SeriouslyLost
Or the print out from the CBP website. I94 /= Passport /= ARC. I'm making a distinction that I think you've missed: I specifically said ARC's and passports. I didn't exclude I94's.
You're conflating 3 separate things when you say I'm not quite correct.
Actually, it makes me think of an interesting possibility: some people out of status but with a lawful right to remain can't (under the section you quoted) always prove they are in the US legally. They may not have anything available that acknowledges it, and certainly not anything that counts under 1304. All they might have is a 485 receipt, which, IIRC, specifically says it does not confer status. Eg. I94 expired while they await approval for PR or, say, extended H1. Implicitly, an EAD might count (don't have one to hand to see what it says these days) because that's all they might have. Hmm. Something for me to check on Monday.
Ghods, US immigration is screwed up.
All of that is why the law does not specify passport, LPR card, or I-94. It does specify registration document. That is because there are many types of registration documents. While some one that is adjusting status doesn't have immigration status they are still legally present and they do have a registration document. Seeing that I have arrested and successfully prosecuted for this specific statute I have a pretty good working knowledge of what it does and doesn't do.
US Immigration law can be quite confusing. That is why some of the information that you keep posting as correct is in fact incorrect.
FB