Filing I-130 & I-485 for parents - if deny can we re-file for CP?

[KPY 0]

I plan to do concurrent filing I-130 & I-485 in January 2008 (90 days after her entry to US) for my mom before her I-94 expires in April 2008.

She has never exceeded her stay in the US and I've an approved B2 extension for her. On her last visit, she has left 2 full months for before the B2 extension expired.

On the latest her visit (Oct 2008), the POE angrily warned her that she cannot come in as B2 anymore because she has stayed in US longer than she stays in her home country (even if she has never overstay) and he annotate the wordings of 'No CoS/No EOS' on her I-94 and passport.

I don't think her I-130 will be a problem but I-485 could be a problematic because her passport and her current I-94 has this stupid annotation 'No CoS/No EoS'.

If some some reason USCIS deny her I-485 (AOS) here in US on ground of this annotation 'No CoS or No EoS', can I re-file her paperwork so that she can be processed outside US (via consular) based on an approved I-130?

Also, I heard that if one I-485 is denied, you can still petition for a hearing. Is that correct?

Edited November 17, 2007 by KPY

[Chris Parker 10]

I plan to do concurrent filing I-130 & I-485 in January 2008 (90 days after her entry to US) for my mom before her I-94 expires in April 2008.

She has never exceeded her stay in the US and I've an approved B2 extension for her. On her last visit, she has left 2 full months for before the B2 extension expired.

On the latest her visit (Oct 2008), the POE angrily warned her that she cannot come in as B2 anymore because she has stayed in US longer than she stays in her home country (even if she has never overstay) and he annotate the wordings of 'No CoS/No EOS' on her I-94 and passport.

I don't think her I-130 will be a problem but I-485 could be a problematic because her passport and her current I-94 has this stupid annotation 'No CoS/No EoS'.

If some some reason USCIS deny her I-485 (AOS) here in US on ground of this annotation 'No CoS or No EoS', can I re-file her paperwork so that she can be processed outside US (via consular) based on an approved I-130?

Also, I heard that if one I-485 is denied, you can still petition for a hearing. Is that correct?

AOS is not COS/EOS.

[KPY 0]

AOS is not COS/EOS.

Chris,

Thanks for the response.

Does that mean I should not have to worry too much about this but go ahead and proceed with I-130 and I-485 (AOS) while she's in US and just ignore the 'No COS/No EOS' issue? Correct?

Edited November 22, 2007 by KPY

[diadromous mermaid 36]

It seems to me that the CBP agent was right in annotating her passport. You are attempting to use the B2 as a tool to get her here and file for immigrant status. No CoS and EoS, means that she cannot extend the validity period on her I-94, and may not Chnage status here in order to extend her stay.

I plan to do concurrent filing I-130 & I-485 in January 2008 (90 days after her entry to US) for my mom before her I-94 expires in April 2008.

She has never exceeded her stay in the US and I've an approved B2 extension for her. On her last visit, she has left 2 full months for before the B2 extension expired.

On the latest her visit (Oct 2008), the POE angrily warned her that she cannot come in as B2 anymore because she has stayed in US longer than she stays in her home country (even if she has never overstay) and he annotate the wordings of 'No CoS/No EOS' on her I-94 and passport.

I don't think her I-130 will be a problem but I-485 could be a problematic because her passport and her current I-94 has this stupid annotation 'No CoS/No EoS'.

If some some reason USCIS deny her I-485 (AOS) here in US on ground of this annotation 'No CoS or No EoS', can I re-file her paperwork so that she can be processed outside US (via consular) based on an approved I-130?

Also, I heard that if one I-485 is denied, you can still petition for a hearing. Is that correct?

Edited November 23, 2007 by diadromous mermaid

[Kez/JWolf 6]

You should not even attempt to do AOS and I-130 for your mother.... you should file the I-130 and wait for it to be processed in her own country... if you do try to do AOS from within the US she will likely be denied as you are trying to use the tourist visa as a way of getting around the immigration process and that is visa fraud....

Kez

[KPY 0]

You should not even attempt to do AOS and I-130 for your mother.... you should file the I-130 and wait for it to be processed in her own country... if you do try to do AOS from within the US she will likely be denied as you are trying to use the tourist visa as a way of getting around the immigration process and that is visa fraud....

Kez

No, it is not getting around the process but that's the purpose of the AOS itself, it is for adjusting the status to immigrant status since the relative is already here (still in valid status), isn't it?

I am not extending her B2 visa (EoS) nor changing it to another non-immigration status (CoS) but now wanted to do file I-130 for her and adjust her status (AoS).

I have read some postings from members whose relatives visa already expired or overstayed, yet filing I-130 and I-485 is not a problem since they have a immediate visa availability. Sometimes, the USCIS rules aren't very specific and the information officer at the local office aren't much help either. Just wondering if anybody here has filed PR for their parents who has gone thru similar process utilizing the AoS method here.

[diadromous mermaid 36]

You should not even attempt to do AOS and I-130 for your mother.... you should file the I-130 and wait for it to be processed in her own country... if you do try to do AOS from within the US she will likely be denied as you are trying to use the tourist visa as a way of getting around the immigration process and that is visa fraud....

Kez

No, it is not getting around the process but that's the purpose of the AOS itself, it is for adjusting the status to immigrant status since the relative is already here (still in valid status), isn't it?

I am not extending her B2 visa (EoS) nor changing it to another non-immigration status (CoS) but now wanted to do file I-130 for her and adjust her status (AoS).

I have read some postings from members whose relatives visa already expired or overstayed, yet filing I-130 and I-485 is not a problem since they have a immediate visa availability. Sometimes, the USCIS rules aren't very specific and the information officer at the local office aren't much help either. Just wondering if anybody here has filed PR for their parents who has gone thru similar process utilizing the AoS method here.

I think what Kezzie is trying to point out is that although USCIS offers a possibility of adjusting status while in the USA, and in some instances does not require the alien return to his or her country to begin the immigration process, it is quite another thing to use a tourist (non-immigrant visa that is relatively simple to secure) visa to enter the country with already-formulated intentions of adjusting while in the country. That would be looked upon as preconceived immigrant intent.

I am not saying that your mother is doing that, per se, but the CBP officer already alerted her to the fact that on face she looks as if she is calling the USA her home, staying here more weeks in the year than in her native land. That has already tipped off the border agents...now you are enquiring about her beginning the adjustment process without leaving the country again. Each individual instance, alone, might not look like much, but together can tip a hand as to what the real intent could be. I know that's how I am seeing it.

[KPY 0]

I think what Kezzie is trying to point out is that although USCIS offers a possibility of adjusting status while in the USA, and in some instances does not require the alien return to his or her country to begin the immigration process, it is quite another thing to use a tourist (non-immigrant visa that is relatively simple to secure) visa to enter the country with already-formulated intentions of adjusting while in the country. That would be looked upon as preconceived immigrant intent.

I am not saying that your mother is doing that, per se, but the CBP officer already alerted her to the fact that on face she looks as if she is calling the USA her home, staying here more weeks in the year than in her native land. That has already tipped off the border agents...now you are enquiring about her beginning the adjustment process without leaving the country again. Each individual instance, alone, might not look like much, but together can tip a hand as to what the real intent could be. I know that's how I am seeing it.

Hmm.. good points! I think you're right. One never really know how they will execute the rules at USCIS.

In that case, I might have to bite the bullet and send mother home to get the immigrant visa via the consular processing method (this is longer than AoS?).

Anyone here has a good links for what paperwork needed to file besides the I-130 to be send to the NVC?

Thank you in advance.