I485 denial for parrents

[den09 0]

Hi,

My parrents I-484 was denied and their multiple entry VISA also got cancelled. Their I-94 was taken away during an interview at field office. They did not mention anything during interview and officer mention that he would discuss your case with my supervisor and would send the decision in 30-60 days. We got letter of denial in 6 days. Wondering in this case:

1. can I as petitionar reopen this case? Letter of denial does not say anything about their deportion, as now I-94 also taken away, their exit would not be clean as well. Dont understand what to do in this case. They are aged and can't even walk much, they always need me as I am the only child.

2. If we reopen in any case, do we select option of appeal or reopen or reconsider in this case?

3. My I-130 is still pending, can it be still approved?

4. Reason given by USCIS is you filed so early after their entry in US as tourist Vsa, so tey applied 212 a C

5. Can I request for I-94 replacement?

6. If they go back, do they have any chance of reapplying in country? Can they use same I-130? Or need to reapply totally?

7. If they go back with dirty exit due to I-94, can it craete any issue in future? How long can they stay if letter does not have anything mentioned?

den_09

[sachinky 464]

I didn't even know that parents can AOS from a tourist visa in the first place.

Hope everything works out.

[Raj456 0]

Yes you can apply for parents when they are in US on a tourist visa. You have to file both I-130 and I-485 concurrently and usually most of them apply after 90 days of their stay in US.

I didn't even know that parents can AOS from a tourist visa in the first place.

Hope everything works out.

Did you apply for your parents before 90 days of their arrival to US?

Hi,

My parrents I-484 was denied and their multiple entry VISA also got cancelled. Their I-94 was taken away during an interview at field office. They did not mention anything during interview and officer mention that he would discuss your case with my supervisor and would send the decision in 30-60 days. We got letter of denial in 6 days. Wondering in this case:

1. can I as petitionar reopen this case? Letter of denial does not say anything about their deportion, as now I-94 also taken away, their exit would not be clean as well. Dont understand what to do in this case. They are aged and can't even walk much, they always need me as I am the only child.

2. If we reopen in any case, do we select option of appeal or reopen or reconsider in this case?

3. My I-130 is still pending, can it be still approved?

4. Reason given by USCIS is you filed so early after their entry in US as tourist Vsa, so tey applied 212 a C

5. Can I request for I-94 replacement?

6. If they go back, do they have any chance of reapplying in country? Can they use same I-130? Or need to reapply totally?

7. If they go back with dirty exit due to I-94, can it craete any issue in future? How long can they stay if letter does not have anything mentioned?

den_09

[Boiler 43,606]

1. can I as petitionar reopen this case? Letter of denial does not say anything about their deportion, as now I-94 also taken away, their exit would not be clean as well. Dont understand what to do in this case. They are aged and can't even walk much, they always need me as I am the only child.

They should keep proof of their exit, you do not need an I-94 to exit. On what basis would you seek to re open the case? What were you going to do about medical insurance?

2. If we reopen in any case, do we select option of appeal or reopen or reconsider in this case?

Appeal, but yet again on what basis?

3. My I-130 is still pending, can it be still approved?

Yes

4. Reason given by USCIS is you filed so early after their entry in US as tourist Vsa, so tey applied 212 a C

How long? They entered to visit, when did they change their minds

5. Can I request for I-94 replacement?

Yes, well they can

6. If they go back, do they have any chance of reapplying in country? Can they use same I-130? Or need to reapply totally?

It would have to be redirected, I do not think it expires.

7. If they go back with dirty exit due to I-94, can it craete any issue in future? How long can they stay if letter does not have anything mentioned?

You are going to need a waiver, about your hardships not theirs.

[emt103c 10]

You need to get an attorney and quick. I assume that you have left the number out of the code for their denial. Does it actually say INA 212a 6C? If so that is Misrepresentation. You went about it the wrong way trying to AOS from a tourist visa and because you also broke the unspoken 60/90 day rule, they have charged Misrepresentation.

If this is the case, and they exit the US with a Misrep charge, you are not an eligible relative for the purposes of the waiver. You will have to fight to get the Misrep charge overturned and for this you will need a VERY good attorney. Here is the section for waivers of 212a6c:

(i) (1) The Attorney General may, in the discretion of the Attorney General, waive the application of clause (i) of subsection (a)(6)© in the case of an immigrant who is the spouse, son, or daughter of a United States citizen or of an alien lawfully admitted for permanent residence, if it is established to the satisfaction of the Attorney General that the refusal of admission to the United States of such immigrant alien would result in extreme hardship to the citizen or lawfully resident spouse or parent of such an alien 25b/ or, in the case of a VAWA self-petitioner 6aa/ , the alien demonstrates extreme hardship to the alien or the alien's United States citizen, lawful permanent resident, or qualified alien parent or child.

[sachinky 464]

Does the same rule apply in terms of prior intent? What's the 60-90 day rule?

If this is allowed, then why do people file for IR5 (?) -- why not just adjust from B2?

Sorry, I'm just curious, I don't understand much about B2s.

[payxibka 10,044]

Does the same rule apply in terms of prior intent? What's the 60-90 day rule?

If this is allowed, then why do people file for IR5 (?) -- why not just adjust from B2?

1) There is no 60-90 day rule... it is a theory...

2) Because what can happen when you try to adjust from a B2 is exactly what happened to the OP's parents, and then it can become a nightmare situation to try and resolve.

Edited December 2, 2009 by payxibka

[Boiler 43,606]

and the difficulty in getting visitor visa's.

[den09 0]

I filed in near 20 days from their arrival, as I did not know about 212, as neither forms (130/485) has any instruction or link about 212 even in case of who should not file, how can a person know without this? I am planning to reopen based on evidences of their property proof, electric bills , return tickets, pension slip etc to clarify that their intention was not to mis represent, am I going on correct track or I need something more than this to strengthen the case? what are chances of getting faviorable decision in this case?

[Boiler 43,606]

I filed in near 20 days from their arrival, as I did not know about 212, as neither forms (130/485) has any instruction or link about 212 even in case of who should not file, how can a person know without this? I am planning to reopen based on evidences of their property proof, electric bills , return tickets, pension slip etc to clarify that their intention was not to mis represent, am I going on correct track or I need something more than this to strengthen the case? what are chances of getting faviorable decision in this case?

When they arrived it was with the intent of visiting.

Within 20 days they had assembled all the documentation and applied to immigrate.

What happened.

If they have all these ties, how come they can stay.

[Darnell 8,478]

I filed in near 20 days from their arrival, as I did not know about 212, as neither forms (130/485) has any instruction or link about 212 even in case of who should not file, how can a person know without this? I am planning to reopen based on evidences of their property proof, electric bills , return tickets, pension slip etc to clarify that their intention was not to mis represent, am I going on correct track or I need something more than this to strengthen the case? what are chances of getting faviorable decision in this case?

IMO, there are two intents here.

One as tourist visa, another for immigration.

Somehow , they have crossed, with the 'immigration intent' weighing heavier than the tourist intent,

and the 'look of the tourist intent' has been dashed, with the 'immigration intent' overpowering it.

IMO, the decision to file the I-130 and I-485 on day 20 was a bad one. A very bad one.

Now your parents are in some deep do-do (you know that, already ) .

But.. fwiw, this is a TYPICAL EXAMPLE OF IMMIGRATION FRAUD.

Now, as you say, you didn't know about the '90 day window' ..

Perhaps they will get lucky, perhaps they will be under deportation hearing, and then 'voluntarily leave' prior to actual deportation proceedings. That might help them, later, if you decide to file an I-130 whilst they are back in the home country.

As I understand it, though (and I'm probably off-base) they won't be getting another tourist visa, as there is prior, proven (or yet to be proven ) misrepresentation.

If you rush and get an attorney, perhaps the attorney can prove up, to ICE's satisfaction, that you had big pressure from your parents to do this for them, and they pressured you so much that you did not make time to learn the immigration laws and guidelines, and then the attorney successfully negotiate for 'no future tourist ban'. It could happen, maybe, with the right lawyer.. But I say maybe, nothing is guaranteed (I'm not a lawyer, nor do I play one on TV ) .

Good luck, however it turns out..

Edited December 4, 2009 by Darnell

[justashooter 430]

I filed in near 20 days from their arrival, as I did not know about 212, as neither forms (130/485) has any instruction or link about 212 even in case of who should not file, how can a person know without this? I am planning to reopen based on evidences of their property proof, electric bills , return tickets, pension slip etc to clarify that their intention was not to mis represent, am I going on correct track or I need something more than this to strengthen the case? what are chances of getting faviorable decision in this case?

When they arrived it was with the intent of visiting.

Within 20 days they had assembled all the documentation and applied to immigrate.

What happened.

If they have all these ties, how come they can stay.

some people think the rules don't apply to them.

[TayRivers 4]

I find it very strange that your parents arrived in the USA with all the correct documentation that they would need to file for AOS but they were just coming for a visit. So in the first 20 days, they were able to get a full medical done, translate all their foreign documents and complete all the forms needed for AOS.

I think you will find that most people here on VJ were not able to put all that together within 20 days. If you did plan for them to come and do AOS them please do not try to continue their applications. USCIS will find out the truth at some point and then your parents are going to be banned forever from the USA.

You need to get some good immigration advice from a lawyer. Your elderly parents future is not something you should be taking chances with.

Tay

[den09 0]

I find it very strange that your parents arrived in the USA with all the correct documentation that they would need to file for AOS but they were just coming for a visit. So in the first 20 days, they were able to get a full medical done, translate all their foreign documents and complete all the forms needed for AOS.

I think you will find that most people here on VJ were not able to put all that together within 20 days. If you did plan for them to come and do AOS them please do not try to continue their applications. USCIS will find out the truth at some point and then your parents are going to be banned forever from the USA.

You need to get some good immigration advice from a lawyer. Your elderly parents future is not something you should be taking chances with.

Tay

[den09 0]

I find it very strange that your parents arrived in the USA with all the correct documentation that they would need to file for AOS but they were just coming for a visit. So in the first 20 days, they were able to get a full medical done, translate all their foreign documents and complete all the forms needed for AOS.

I think you will find that most people here on VJ were not able to put all that together within 20 days. If you did plan for them to come and do AOS them please do not try to continue their applications. USCIS will find out the truth at some point and then your parents are going to be banned forever from the USA.

You need to get some good immigration advice from a lawyer. Your elderly parents future is not something you should be taking chances with.

Tay