My dad entered US last Dec, for the 2nd time with a multiple entry visa. They questioned him why he came back in 3 month and put a NO COS/EOS/AOS notation on his I-94. I got my citizenship at the end of Jan 2009. I wonder if I can still file I-485 for him. I asked some lawyers, some said he will be denied and possiblly be charge with Fraud and be ban from GC forever. Some said he can still do it, if they deny him, we can always appeal and win with the matter of Cavazos, supra. which says citizen's immediate relative can enter with pre-intention of immigration. My questions are: 1 can some expert on this website to evaluate which answer is correct.
2. I was not a citizen yet when my Dad entered US. Can Cavazos case even apply to him?

Thank you very much.

Wrong, the application can be denied for fraud, as his pattern and practice with the Non-immigrant visa was to eventually use the NIV to immigrant and to evade the regular immigrant proceedure. You can try and win before an immigration judge or the Bureau of Immigration Appeals, but not likely.

More importantly, the annotation means that your father was questioned specifically to his intent and denied he intended to immigrate. He is lucky his stay wasn't limited to less than 6 months. And even luckier he was not refused as an intending immigrant. Remember his statements were memorialized in the secondary inspection report.

Whether you win or not before the IJ will more depend on the attitude of the judge than any controling opinion, but in the end, it will be expensive.

My advice is just follow the rules and have him apply for an immigrant visa when after you are naturalized and he returns to his home country.

I heard parents of USC do the AOS all the time. So if someone doesn't have the annotation on the I-94 can do it without problem?
How should the matter of Cavazos supra be interprated?

quote:

Originally posted by biella:
My dad entered US last Dec, for the 2nd time with a multiple entry visa. They questioned him why he came back in 3 month and put a NO COS/EOS/AOS notation on his I-94. I got my citizenship at the end of Jan 2009. I wonder if I can still file I-485 for him. I asked some lawyers, some said he will be denied and possiblly be charge with Fraud and be ban from GC forever. Some said he can still do it, if they deny him, we can always appeal and win with the matter of Cavazos, supra. which says citizen's immediate relative can enter with pre-intention of immigration. My questions are: 1 can some expert on this website to evaluate which answer is correct.
2. I was not a citizen yet when my Dad entered US. Can Cavazos case even apply to him?

Thank you very much.

Hi and welcome to the forum.

it appears that your father may be abusing the visa privedge by visting and staying the U.S. too often.

I found this site to assist. Basically, it would be in your father's best interest to retutn home within 45 days and then you can file for adjustment of status for him. This is my opinion. Good luck.

I don't know what you are talking about. Within 45 days of what? I can even start I-130 CP process while he is here. I really don't see the point you are trying to make.

The site you attached said: Over the years, we have adjusted a number of individuals who had such notations on visas and I-94 cards.

quote:

Originally posted by biella:
I don't know what you are talking about. Within 45 days of what? I can even start I-130 CP process while he is here. I really don't see the point you are trying to make.

The site you attached said: Over the years, we have adjusted a number of individuals who had such notations on visas and I-94 cards.

Bella,
The immigration officer gave a time frame of 45 day stay in the country under the visitor visa. You can still adjust his status, all I am recommending is that your father return home within the time frame that he is allowed to stay to make the adjustment of status go more smoothly. If he stays beyond the time frame that the officer has allowed and is denied the adjustment of status, he will have a bar. It is risky, therefore, for your father to remain in the country while his adjustment of status is pending.

Let him go back this time. Meantime, you file I-130 for him. He will have two options 1: get immigrant visa in his country. Or re-enter US after several months and hope they do not put NO AOS stamp on his I-94 at that tiem. In tha case, he will be able to adjust his status here.

just what do you think 'NO AOS' means? Why do you think that your father is the exception? Where does it state in our laws that he is not subject to them? This is the kind of situation that makes it more difficult for honest people to get tourist visas...when lowlifes decide to try and ignore our laws.....NO AOS means NO AOS. There is not an "*" next to this notation that says "oh, but this clown is the exception"

Biella: Your father was specifically asked at the port of entry whether he was an intending immigrant...and he obviously said that he wasn't.

The CBP Officer allowed your father to enter America, based on his assertion that he was NOT an intending immigrant...and noted this on the I-94.

Now, it would appear that your father is a liar.

Why don't you and your father show due respect for your new country...and follow its laws.

Quite honestly, it seems to me that America doesn't need to import liars and their apologists (such as yourself).

If you file for adjustment of status, but the beneficiary leaves the U.S. the application is automatically cancelled based on abandonment of the application.

quote:

Please, please, please . . . don't anyone pay any attention to any of the posts in this category. The advice is all wrong. Where do these people get these ideas? I have never seen such a bunch of unadulterated garbage in my 31 years of practicing immigration law. If you want immigration advice, pay a lawyer. It will save you a lot of grief later. Don't ask on chat forums for advice, including this one. ILW is a great publiction. Read it often for basic information, but the opinions expressed in this chat column appear to be only those of the writers, none of whom appear to be immigration lawyers.

David D. Murray, Esq., Newport Beach, CA

This is why it says as a condition of membership not to construe anything given as legal advice. It's just a bunch of folks sharing unprofessional and unpaid for opinions.

You are right though. This case is no different than one in which a person petitions a spouse who overstayed a visa. As commons as they come.

This message has been edited. Last edited by: davdah,

quote:

Originally posted by David D. Murray, Esq.:

quote:

Please, please, please . . . don't anyone pay any attention to any of the posts in this category. The advice is all wrong. Where do these people get these ideas? I have never seen such a bunch of unadulterated garbage in my 31 years of practicing immigration law. If you want immigration advice, pay a lawyer. It will save you a lot of grief later. Don't ask on chat forums for advice, including this one. ILW is a great publiction. Read it often for basic information, but the opinions expressed in this chat column appear to be only those of the writers, none of whom appear to be immigration lawyers.

David D. Murray, Esq., Newport Beach, CA

Still scratching my head as to why you would reopen a thread that's been dead since March, 2009? Couldn't you cite something more recent? LOL.

David D. Murray, Esq., Newport Beach, CA:

With due apology, there are lot of cheat immigration lawyers around there too. They give false hopes and defective advice and take away hard earned money and still do not help. I have personal observation about it.

At least this forum is free and in many cases provides free help. I agree with you that there are some idiots on this board but most are helpful.

Immigration attorneys are only interested in billable hours, and most don't really care what kind of 'advice' they hand out, as long as the client's check clears the bank.