Applying for AOS for parent after their stay expired

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Hi,

I'm new to this forum; really hope I can find some answers here.

My mom is here on visitor's visa. Her stay will expire on June 7. I had my naturalization interview recently and will take the Oath on July 4. I want my mom to stay, but I'm not sure what's the best course of action should be.

1. Should we apply for extension of stay for her so that she remains here legally? Should we then

a. Apply for AOS as soon as I become citizen (what happens to the extension of stay application, which would still be pending? Will it need to be withdrawn? Will it be considered frivolous due to trying to stay in US? Will AOS be denied on bases of extension of stay pending?)

b. Wait for the decision on extension of stay and then apply for AOS (what happens if EOS is denied?)

2. Should we let her stay expire? Is this going to be a problem when applying for AOS? There is conflicting information on i-485 instructions regarding this: 10.D "You are not eligible to apply for AOS if your authorized stay expired before you file" and 10.F "you are not eligible to apply for AOS if you failed to maintain your non-immigrant status, unless you are an immediate relative of USC". 10.F has this disclaimer about immediate relatives, but 10.D doesn't.

3. Should she leave the country and re-enter? What are the chances she will be admitted if she tries to re-enter in a week?

4. Is it even given that I will become USC now that I passed the naturalization interview and have an Oath appointment? (I don't plan on committing any crimes or anything like that, are there other reasons why naturalization can be denied?)

I would appreciate some advise on best course of action.

Also, I just noticed that my mom's I-94 isn't filled out (it has stamp, but not her name or address on it). She told me that she only filled out the top part and thought that the bottom part will be filled out by the immigration officer. She doesn't speak English. What should we do about this? Should I send copies of blank I-94 when applying for EOS or AOS?

Really hope for some advice from professionals or from someone who's been in similar situation.

Thanks.

[TayRivers 4]

Hi,

I'm new to this forum; really hope I can find some answers here.

My mom is here on visitor's visa. Her stay will expire on June 7. I had my naturalization interview recently and will take the Oath on July 4. I want my mom to stay, but I'm not sure what's the best course of action should be.

1. Should we apply for extension of stay for her so that she remains here legally? Should we then

a. Apply for AOS as soon as I become citizen (what happens to the extension of stay application, which would still be pending? Will it need to be withdrawn? Will it be considered frivolous due to trying to stay in US? Will AOS be denied on bases of extension of stay pending?)

b. Wait for the decision on extension of stay and then apply for AOS (what happens if EOS is denied?)

2. Should we let her stay expire? Is this going to be a problem when applying for AOS? There is conflicting information on i-485 instructions regarding this: 10.D "You are not eligible to apply for AOS if your authorized stay expired before you file" and 10.F "you are not eligible to apply for AOS if you failed to maintain your non-immigrant status, unless you are an immediate relative of USC". 10.F has this disclaimer about immediate relatives, but 10.D doesn't.

3. Should she leave the country and re-enter? What are the chances she will be admitted if she tries to re-enter in a week?

4. Is it even given that I will become USC now that I passed the naturalization interview and have an Oath appointment? (I don't plan on committing any crimes or anything like that, are there other reasons why naturalization can be denied?)

I would appreciate some advise on best course of action.

Also, I just noticed that my mom's I-94 isn't filled out (it has stamp, but not her name or address on it). She told me that she only filled out the top part and thought that the bottom part will be filled out by the immigration officer. She doesn't speak English. What should we do about this? Should I send copies of blank I-94 when applying for EOS or AOS?

Really hope for some advice from professionals or from someone who's been in similar situation.

Thanks.

1. No you don't need to apply for an extension, Just make sure you file the I-130, I-485 and the EAD and AP as soon as you can after you have done your Oath Ceremony.

2. See above.

3. If she leaves the US and tries to return with the intention of filing for AOS she will be Committing Visa Fraud. As a immediate relative of a USC (well soon to be) the slight overstay before the papers are filed is forgiven. Once the AOS + I-130 are filed and you have got the NOA1 she is back in status and does not need a extension to be able to remain. The only thing you need to be careful of is if the overstay is more then 180 days and she was to try to use any advanced parole to re-enter the US she would be banned.

4. The Oath Ceremony is the last formality you do to become a USC, so unless your circumstances have changed since your interview there should be no reason for your Oath Ceremony not to go ahead.

As for the I-94 not being filled out, get her to fill in the details now.

Edited May 31, 2009 by TayRivers